Anwar gives MACC conditional backing

Opposition Leader Anwar Ibrahim today gave conditional support to the proposed Malaysian Anti-Corruption Commission (MACC) Bill.

He however expressed reservations to several provisions of the Bill, touted as part of the prime minister's reform agenda.

Debating the MACC Bill in the Dewan Rakyat this morning, Anwar (PKR-Permatang Pauh) said he welcomes the initiative as the commission would be better than the current body.

Anwar explained that his support is due partly to past experience.

He was involved in drafting the legislation which paved the way for the formation of the Anti-Corruption Agency (ACA) in 1997, in his capacity as deputy prime minister.

"The tabling of the ACA Bill in 1997 was controversial. So I know how difficult it is (to push through this initiative) because I couldn't garner enough support from my colleagues at that time," he told the House.

Due to objections then, he said some of the proposed provisions for impartiality of the ACA had to be put aside, but these are now included in the MACC Bill.

The MACC will replace ACA and is expected to come into force early next year.

'Impartiality will be compromised'

Anwar clarified that his support comes with several reservations, particularly because the MACC does not hold any prosecutory powers.

"To give the final power of prosecution to the attorney-general (AG) will affect the integrity and the impartiality of this commission," said the opposition leader, adding that ACA has been asking for the power to prosecute since its formation.

He argued that the commission's integrity may be compromised because of complaints of irregularities and abuse of power that have been made against the AG's Chambers.

Citing an example, Anwar claimed that he was told by reliable sources that ACA found a case against AG Abdul Gani Patail in relation to the alleged fabrication of evidence in his (Anwar's) 'black eye' incident 10 years ago.

Anwar argued that the effectiveness of MACC would also rely on the independence and integrity of other relevant bodies such as the judiciary, the AG's Chambers and the minister tasked to look after the new commission.

The MACC Bill was one of two tabled by Prime Minister Abdullah Ahmad Badawi in Parliament last week. The other is for the setting up of a Judicial Appointments Commission.

The MACC has been hyped as the Malaysian version of Hong Kong's Independent Commission Against Corruption (ICAC), a highly-respected watchdog and role model for the region.

When Anwar stressed the need for prosecution powers to be granted to the MACC, Khairy Jamaluddin (BN-Rembau) interjected and pointed out that the ICAC also does not have such powers.

Responding to this, Anwar argued that the circumstances are different in the two countries.

"The ICAC has never faced any problem in all the cases that it has recommended for prosecution. The provision to refer to the secretary of justice (in Hong Kong) is a mere process and they have never faced any problem. It is a different situation in our country.

"I concede there is a big improvement from what we had tabled in 1997. (This Bill) gives more power (to the anti-corruption commission) but it's still not enough because the final decision to prosecute is still the AG’s."

Protection for whistleblowers

Anwar also argued in his 50-minute debate that there is a need for clearer provisions to protect whistleblowers.

Although whistleblowers enjoy confidentiality and protection under the Bill, a clause states that any person who knowingly gives false information to the MACC is liable to a maximum jail term of 10 years or fine not more than RM100,000.

The Permatang Pauh MP said that, while he agrees with rules against individuals who slander others, the proposal is vague and may discourage whistleblowers from coming forward.

"The punishment is too harsh. It's not clear whether they will be subjected to punishment because of a false accusation or because they are not able to substantiate their complaint with evidence.

"It will deter people from coming forward.Why would they take a risk in making a complaint especially against prominent figures?"

Anwar further voiced concern over clauses on the appointment of commissioners and those sitting on the Anti-Corruption Advisory Board.

He also called for sufficient funds to be allocated to the MACC, and for strong political will on the part of government leaders and relevant enforcement agencies.

"We have tabled a more positive Bill than in 1997 but (the incidence of) corruption is more serious now," he noted.

The MACC was announced by premier Abdullah Ahmad Badawi a month after his ruling coalition Barisan Nasional's disastrous showing in the March 8 general election.

He said the new commission would enhance transparency and public accountability, amidst public perceptions that corruption is prevalent in certain government agencies, especially the police force.