Parliamentary Services Act
Encyclopedia
The Parliamentary Services Act (PSA) 1963 is an act
providing for the Parliament
of Malaysia to conduct its own administration, staffing and financing. The act was repealed in 1992 after the then Speaker
of the Dewan Rakyat
(the lower house of Parliament), Zahir Ismail unilaterally had it removed from the books.
However, a majority of Members of Parliament (MPs) called for the act to be revived in October 2005, when the issue of separation of powers
was ignited in the Dewan Rakyat by opposition leader Lim Kit Siang of the Democratic Action Party
(DAP). Earlier, Minister in the Prime Minister's Department in charge of parliamentary affairs, Nazri Aziz had announced the setting up of the post of Head of Administration for Parliament and (varyingly) a Department or Office of Parliament, to handle affairs such as maintenance and assistance for MPs. One MP from the ruling Barisan Nasional
coalition exasperatedly decried the amount of red tape
required for MPs to hire research assistants, and another stated he was forced to use online website
s such as Wikipedia
for his research.
However, the MPs agreed that the post of Head of Administration for Parliament was unnecessary interference in Parliament's financial affairs, and asked for the restoration of the Parliamentary Services Act so Parliament could run its own affairs independent of the government. Since 1992, government agencies such as the Public Services Department and Treasury had been staffing and maintaining Parliament, as the parliamentary service advisory committee had been disbanded in the wake of the act's repeal.
Nazri insisted that the PSA would have to pass muster through both the Dewan Rakyat and Dewan Negara
(upper house of Parliament; also referred to as the Senate) House Committees before it could come to a vote in Parliament itself. This angered the MPs, and Shahrir Abdul Samad
, the chairman of the Barisan Nasional Back-Benchers Club (BNBBC) called for all MPs in favour of immediately restoring the PSA to rise. A vast majority of MPs present rose, with some notable exceptions such as Nazri and Foreign Minister Syed Hamid Albar
, who had campaigned for the act's repeal in 1992.
Some were skeptical of how much effect reviving the act would have on Parliamentary independence; Nazri argued he couldn't "see any less independence among MPs in the last 13 years without the PSA", and constitutional scholar Shad Saleem Faruqi
called it a "merely symbolic gesture". Shahrir himself reportedly acknowledged the PSA's repeal had not made a serious impact on Parliamentary independence.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
providing for the Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
of Malaysia to conduct its own administration, staffing and financing. The act was repealed in 1992 after the then Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the Dewan Rakyat
Dewan Rakyat
The Dewan Rakyat is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...
(the lower house of Parliament), Zahir Ismail unilaterally had it removed from the books.
However, a majority of Members of Parliament (MPs) called for the act to be revived in October 2005, when the issue of separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
was ignited in the Dewan Rakyat by opposition leader Lim Kit Siang of the Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...
(DAP). Earlier, Minister in the Prime Minister's Department in charge of parliamentary affairs, Nazri Aziz had announced the setting up of the post of Head of Administration for Parliament and (varyingly) a Department or Office of Parliament, to handle affairs such as maintenance and assistance for MPs. One MP from the ruling Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
coalition exasperatedly decried the amount of red tape
Red tape
Red tape is excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making...
required for MPs to hire research assistants, and another stated he was forced to use online website
Website
A website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...
s such as Wikipedia
Wikipedia
Wikipedia is a free, web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its 20 million articles have been written collaboratively by volunteers around the world. Almost all of its articles can be edited by anyone with access to the site,...
for his research.
However, the MPs agreed that the post of Head of Administration for Parliament was unnecessary interference in Parliament's financial affairs, and asked for the restoration of the Parliamentary Services Act so Parliament could run its own affairs independent of the government. Since 1992, government agencies such as the Public Services Department and Treasury had been staffing and maintaining Parliament, as the parliamentary service advisory committee had been disbanded in the wake of the act's repeal.
Nazri insisted that the PSA would have to pass muster through both the Dewan Rakyat and Dewan Negara
Dewan Negara
The Dewan Negara is the upper house of the Parliament of Malaysia. The Dewan Negara consists of 70 members, of which 26 are indirectly elected by the states, with two senators for every state in the Federation, and the other 44 being appointed by the Yang di-Pertuan Agong .The Dewan Negara...
(upper house of Parliament; also referred to as the Senate) House Committees before it could come to a vote in Parliament itself. This angered the MPs, and Shahrir Abdul Samad
Shahrir Abdul Samad
Datuk Seri Utama Shahrir Abdul Samad is the former Malaysian Domestic Trade and Consumer Affairs Minister, a member of Parliament, and the former chairman of the Barisan Nasional Backbenchers Club . He is a member of the United Malays National Organisation, the largest political party in the...
, the chairman of the Barisan Nasional Back-Benchers Club (BNBBC) called for all MPs in favour of immediately restoring the PSA to rise. A vast majority of MPs present rose, with some notable exceptions such as Nazri and Foreign Minister Syed Hamid Albar
Syed Hamid Albar
Tan Sri Syed Hamid bin Syed Jaafar Albar , is a Malaysian politician and the former Malaysian Minister of Home Affairs. He is currently the chairman of the Land Public Transport Commission. He is also a member of the United Malays National Organisation , part of the ruling Barisan Nasional...
, who had campaigned for the act's repeal in 1992.
Some were skeptical of how much effect reviving the act would have on Parliamentary independence; Nazri argued he couldn't "see any less independence among MPs in the last 13 years without the PSA", and constitutional scholar Shad Saleem Faruqi
Shad Saleem Faruqi
Emeritus Professor Datuk Dr. Shad Saleem Faruqi is a Malaysian Emeritus Professor of Law who has served Universiti Teknologi MARA in Shah Alam, Selangor in various capacities from 1971 onwards...
called it a "merely symbolic gesture". Shahrir himself reportedly acknowledged the PSA's repeal had not made a serious impact on Parliamentary independence.