MACC Bill passed

Prosecutory powers in the soon-to-be established Malaysian Anti-Corruption Commission (MACC) do not solely lie in the hands of the attorney-general, the government said today.

Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz in his winding-up speech in the Dewan Rakyat today said 'public prosecutor', who is also the AG, in the MACC Act should not be read so narrowly.

"What we are trying to say here is the AG's Chambers and it does not refer to an individual alone," the de facto law minister said in his two-and-a-half hour speech to reply to points raised by MPs in the debate started yesterday.

Explaining, he said although it was the AG's absolute discretion to initiate a prosecution, it was however, impossible for the AG alone to read through the average of 20,000 cases that were prosecuted every year.

Therefore, Nazri said the process will involve other officials in the AG's Chambers.

He argued that the different enforcement agencies, such as the police, Securities Commission or the Anti-Corruption Agency (ACA) could have their own investigation units but the prosecutory powers should be with the AG.

'It was never meant to be under parliament'

The minister was responding to the widespread concerns raised by lawmakers who questioned the independence of the MACC since it does not hold any prosecutory power.

The power remained with the AG instead. The AG's Chambers report to the PM's Department.

However, several opposition MPs such as Lim Kit Siang (DAP-Ipoh Timor) and Dr Dzulkefly Ahmad (PAS-Kuala Selangor) were unhappy with Nazri's explanation, with the former calling it an "illogical explanation".

Responding to that, Nazri argued that the MPs should not suggest the removal of the AG's power just because they are unhappy with the current AG, Abdul Gani Patail.

"If the problem is with the individual, the question is, what action can be taken on that individual? There is no need to remove anything (powers) that is with the AG currently," he said.

Trying to pacify opposition MPs who remained unsatisfied with his reply, the minister suggested the setting up of the AG's Appointment Commission.

In his winding-up speech, Nazri also said that the MACC was never meant to be answerable to Parliament as hoped by certain quarters. He was responding to calls by some MPs that the commission be put under Parliament to ensure it is fully independent.

"We never had any intention to put the MACC under parliament, no way, since we practise bi-partisan politics," he said, suggesting that politicians could also influence the work of the MACC.

Nevertheless, he added that parliamentarians from both ruling and opposition parties could play a role in the MACC through their representation in the Special Committee on Corruption.

He promised that the special committee will be represented by MPs and senators from both sides despite the fact that the setting up of the committee was not stated in the Act.

To quell concerns over the possibility of ‘selective prosecution', Nazri said the MACC is answerable to an ‘operation review panel' to explain why it decides not to go ahead to recommend prosecution in certain cases.

The panel, however, will be an administrative body and is not empowered under the MACC Act. The minister said the details concerning the panel, such as who will sit in it, are not available at the moment.

Abdullah, Najib present in the House

The minister also said the government will make sure that MACC members are better paid than members of other enforcement agencies.

Some MPs have called for better pay for commission members to ensure that they are not tempted by any form of graft.

The second reading of the Act was passed at 5pm.

Opposition MPs led by Ipoh Timor MP Lim and R Sivarasa (PKR-Subang) tried to push for the amendments to some wordings in the Act.

However, all of their attempts were shot down when they were put to a vote.

The MACC was finally approved by Parliament at 7.50pm.

Prime Minister Abdullah Ahmad Badawi and his deputy Najib Abdul Razak were present in the House to follow the proceedings.

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

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

The commission is one of the three reform agenda promised by the premier before he leaves office next March. The two others are the Judicial Appointments Commission and the Special Complaints Commission.