PETALING JAYA: There should be an independent law reform commission acting as a formal machinery to ensure that all laws remain relevant, says a constitutional expert.
Emeritus Professor Datuk Dr Shad Saleem Faruqi said laws need to be reformed from time to time.
“Not just the 3,000 laws as mentioned by the minister (Datuk Seri Azalina Othman Said). All laws need to keep pace with the growth and change in circumstances.
“But the job is so big that no one unit can handle it. As such, we need the involvement of citizens, affected interests, non-governmental organisations, individuals with social conscience and the creme de la creme from the public.
“Every law should have a clause towards the end to authorise the minister in charge to appoint a citizen committee to keep the law under scrutiny, meet a minimum number of times in a year and report to the minister annually,” he said.
Shad Saleem said this in response to Minister in the Prime Minister’s Department (Law and Institutional Reform) announcement that more than 3,000 outdated laws must be reviewed to ensure legislation remains relevant.
Azalina added a list of the outdated laws, some of which were drafted before independence, would be compiled for the Prime Minister’s consideration for further action.
According to Shad Saleem, at present, the country has a law revision committee unit at the Attorney General’s Chambers (AGC), but said it is inadequate.
“There is a situation whereby the same government unit is proposing the enactment of the law with another saying the law is outdated. So that is why an independent law reform commission is needed,” he said.
The government set up the Malaysia Law Reform Committee in December 2009 to study the need to update some of the country’s laws, including those related to suicide attempts.
He said Parliament should also have a law reform committee to look at the reports, which are urgent, necessary and relevant, so that the AGC could draft the law.
Shad Saleem opined that MPs were “busy attacking each other” in Parliament instead of being interested in Bills, adding that they also lacked understanding of the Bills most of the time.
Parliament, he said, only legitimises the Bills but it does not legislate.
“Parliament has become a mere rubber stamp medium. So Parliament should have a law reform committee.
“My suggestion is that after the first reading, the Bill should be sent to the committee stage.
“Under the standing order of the Dewan Rakyat, there is a provision for the select committee, but they don’t meet as often.
“In the last 66 years, about 25 occasions have the select committee sat to examine Bills, but when they did, the select committee did a good job,” he said, adding that most Bills were rushed through based on what has been drafted by the government.
Earlier, Azalina said the review of legislation should involve the engagement of various stakeholders, including the AGC, judiciary and law faculties of universities with expertise to evaluate the laws.
Bernama reported that Dewan Rakyat Speaker Tan Sri Johari Abdul had convened a meeting with secretaries-general and legal advisers from each ministry to look into reviewing obsolete laws.
He said the measure was necessary to assess laws that were no longer relevant or appropriate in the digital era.
