The proposed Judicial Appointments Commission (JAC) is a reflection of the government's determination to re-instil public confidence in the judiciary, the Dewan Rakyat was told today.

"The Bill is the government's first step to restore confidence on the appointment of superior court judges under the current provisions of the federal constitution," de facto law minister Mohd Nazri Abdul Aziz said when tabling the JAC Bill for second reading in the House.

He tabled the Bill for second reading during an extended sitting at 7.55pm.

He explained that in the drafting of the Bill, the government made efforts to structure the JAC to function impartially, select candidates for a judge based on transparent and comprehensive criteria, and be able to defend the independence of the judiciary.

"The current procedures to name the candidates are not clear. Therefore it gives room to negative perception and risk of (the process) being abused.

"With a specific Bill for the process, the appointment of judges will be carried out with more transparency and follow the procedures in accordance with a clear and systematic criteria," explained the minister in the Prime Minister's Department.

Judiciary's impact on economy

He also stressed that the judiciary's independence was important as it has great impact on the country's economy competitiveness and the progress of the nation's development.

The minister said the proposed commission has prompted a lot of mixed reactions since the first reading in the House last week. He said the government was open to listen to views from all sides.

"There are constructive views as well as slanders and comments which are political in nature but the government is open-minded to all the comments as we tabled Bill with good intention," he noted.

The tabling of the second reading for the Bill today paved the way for parliamentarians to start debating on the proposed commission tonight. The sitting has been extended to 11.30pm.

The Bill is expected to be passed at the end of the current session, slated for Thursday.

The JAC Bill was tabled by Prime Minister Abdullah Ahmad Badawi personally to the Dewan Rakyat last Wednesday.

It was one of three reform agenda promised by Abdullah before he leaves office next March - the two others being the Malaysian Anti-Corruption Commission (MACC) and Special Complaints Commission (SCC).

The MACC was adopted by Parliament earlier this evening.

Wide powers vested on the premier

Although the proposed JAC is meant to overcome perceptions of undue influence by the executive in judicial appointments, the commission however remained very much under the thumb of the prime minister in recommending the appointment and promotion of judges.

Based on the copy of the JAC Bill, the premier will have far-reaching powers - from the appointment of commission members to the selection of judges.

He can revoke the appointment of anyone in the nine-member JAC at any time without having to give a reason.

He can also ask for further recommendations if he is not happy with the candidates recommended by the JAC to fill vacancies in the courts.

Under the proposed JAC structure, the prime minister will have the final say on candidates recommended by the commission, when he advises the Agong on the appointment of judges.

The Malaysian Bar has expressed its concern over the premier's power under the commission while the Sabah Justices of the Peace said the commission was "unconstitutional" as it conflicts with the federal constitution.

Both have argued that constitutional amendments are needed to ensure that JAC can be truly independent.