PROCEDURAL BASICS FOR THE MEETINGS OF MALAYSIAN PARLIAMENT

PARLIAMENT OF MALAYSIA Legislative authority of the Federation is vested in Parliament of Malaysia which consists of:- His Majesty The King The Senate (Dewan Negara) House of Representatives (Dewan Rakyat) Article 44 of the Federal Constitution

HIS MAJESTY THE KING Supreme Head of the Federation Act on the advice of the Prime Minister Authority to summon Parliament to convene May address either House of Parliament or jointly Authority to prorogue or dissolve Parliament Article 55 of the Federal Constitution

THE SENATE 70 members of the Senate (Senators) 2 Senators represent 13 States = 26 44 appointed by the King on the advice of the Prime Minister Maximum 2 terms (1 term = 3 years) Continuous – not affected by the dissolution of Parliament Senators are appointed from among those who have contributed to the nation and from various professional backgrounds. Also members who represent minority groups

HOUSE OF REPRESENTATIVES 222 members of House of Representatives are elected through General Election Citizens having attained the age of 21 years and above are eligible to be elected

FUNCTIONS OF MALAYSIAN PARLIAMENT LEGISLATION (Passing new laws and amending existing laws) OVERSIGHT (examining the government policies and budget) APPROVE new taxes

Article 55 of the Federal Constitution His Majesty the King shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.

Article 55 of the Federal Constitution (cont..) Article 55(3) – Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved

Frequency of Parliamentary Meetings FIRST MEETING– Debate on the Royal Address SECOND MEETING – Debate on Bills (new and amendments) THIRD MEETING – Debate on Budget    

THE QUORUM Senate – 10 members House of Representatives – 26 members Not inclusive of the Speaker (Chair) of both Houses If the quorum is not met, members shall be summoned as if summoned for a division After the expiration of two minutes, if the quorum is still not met, the meeting shall be adjourned to the next sitting day Standing Order 13

Article 62 of the Federal Constitution Subject to the provisions of the Constitution and of federal law, each House of Parliament shall regulate its own procedures:- Standing Orders of the House of Representatives Standing Orders of the Senate

ORDER OF BUSINESS Standing Order 14 states that unless the House otherwise directs, the business of each sitting shall be transacted in the following order: Formal entry of the Speaker Prayers (as shall be approved by the House) (c) Taking of Oath (if any) by any new member (d) Messages from His Majesty The King (e) Announcements by the Speaker

ORDER OF BUSINESS (cont..) (f) Petitions (g) Questions to Ministers for oral answers (h) Requests for leave to move the Adjournment of the House on matters of urgent public importance (i) Statements by Ministers (j) Tributes (k) Obituary speeches

ORDER OF BUSINESS (cont..) (l) Personal explanations (m) Presentation of Government Bills (First Reading) (n) Motions relating to the Order of Business (to be moved by a Minister) (o) Public Business (p) Motions for the introduction of non-Government Bills (q) Other items of business in the order they appear on the Order Paper for the day

ORDER OF BUSINESS (cont..) The House may, at any time, upon a motion (to be moved by a Minister) to be decided without amendment or debate which may be made without notice and shall take precedence over all other business, decide to proceed to any particular business out of the regular order. Standing Order 14(2)

PROCEDURE AS TO BILLS Notice of Introduction of Bills First Reading Second Reading Third Reading

NOTICE OF BILLS Government Bills must first be approved by the Cabinet A Minister may after at least one day’s notice present a Bill without an order of the House for its introduction

FIRST READING When a Bill is so presented the title of the Bill shall be read by the Clerk of the House at the Table and the Bill shall then be deemed to have been read the first time and shall stand for Second Reading at the next or a subsequent sitting of the House Standing Order 48

SECOND READING Standing Order 53(1) states that if it is intended to proceed with the Bill at the next sitting or meeting, notice of a second reading must be given immediately after its first reading No Bill shall be read a second time until it has been circulated to members When the second reading of any Bill is reached in the Order of Business, a motion may be made “That the Bill be now read a second time”, and a debate may arise covering the general merits and principle of the Bill.

SECOND READING (cont..) When a Bill has been read a second time it shall stand committed to a Committee of the whole House unless the House on motion commits it to a Select Committee. Such motion shall not require notice, must be made immediately after the Bill is read a second time, and may be proposed by any member; the question thereon shall be put forthwith and shall be decided without amendment or debate.

SECOND READING (cont..) Any Committee to which a Bill is committed BEFORE its second reading, may discuss the details of the Bill as well as its merits and principles. Any other Committee to which a Bill is committed AFTER its second reading shall not debate the principle of the Bill but only its details.

SECOND READING (cont..) At the Committee of the whole House, the Clerk of the House shall call the number of each clause or a number of clauses in succession. If no amendment is proposed thereto, or when all proposed amendments have been disposed of, the Chairman (of the Committee) shall propose the question “That the clause [as amended] stand part of the Bill” and when all members who wish to speak thereon have spoken, he shall put that question to the Committee for its decision.

THIRD READING On the third reading of a Bill amendments may be proposed to the question “That the Bill be now read a third time” similar to those which may be proposed on second reading; but the debate shall be confined to the contents of the Bill and any reasoned amendment which raised matters not included in the Bill shall be out of order. Standing Order 61(1)

THIRD READING (cont..) After the Third Reading, the bill is passed. If the bill is passed by the House of Representatives, the bill shall then be sent to the Senate for its deliberations. If the bill is passed by the Senate, the Clerks of both Houses shall scrutinize the bill for the final time to ensure that there are no errors and omissions. Standing Order 96(2)

DECISION OF QUESTIONS Standing Order 45(1) states that subject to the provisions of Clause (1) of Article 89 of the Constitution and Clause (3) of Article 159 of the Constitution and these Orders, the House shall, in accordance with the provisions of Clause (3) of Article 62 of the Constitution take its decision by a simple majority of members voting

ROYAL ASSENT ON BILLS PASSED BY BOTH HOUSES OF PARLIAMENT When a Bill has been passed by the House in which it originated it shall be sent to the other House; and it shall be presented to His Majesty the King for his assent when it has been passed by the other House and agreement has been reached between the two Houses and any amendments made in it or when it is required to be so presented under Article 68.

ROYAL ASSENT ON BILLS PASSED BY BOTH HOUSES OF PARLIAMENT (cont..) His Majesty the King shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto. If a Bill is not assented to by HM the King within the time specified in Clause (4) (a) or (4A) hereof, it shall become law at the expiration of the time as specified in Clause (4) (a) or (4A), as the case may be, in the like manner as if he had assented to it. Article 66(4) and 66(6) of the Federal Constitution

CLOSING REMARKS A Bill shall become law on being assented to by His Majesty the King or as provided in Clause (4B), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect. Article 66 (5) of the Federal Constitution