legislative process Flashcards
legislative process
Preliminary stage: proposal > manifesto of political part & government’s policy >public voice? & recommendations from commissions or groups
to propose
- an outline is prepare
- sent to AG chambers (bill)
- discussion in cabinet
- introduced in parliament
in parliament process
- 1st reading
- 2nd reading
- Committee stage
- 3rd reading
- Dewan Negara
- Royal Assent
7.Publication
Step 1: 1st Reading
- Minister formally introduce a Bill in the Dewan Rakyat by reading its short title;
- No debate at this stage;
- Minister only mentions the title of the Bill and then give oral
notice as to when he wishes to move the 2nd reading; - Note: Bills may originate from either House except for a Bill or amendment on matters in art 67 e.g. tax and expenditure which must be move by a Minister in Dewan Rakyat.
Step 2: 2nd Reading
- Bill has been printed and circulated;
- Bill is debated;
- Voting carried out – needs simple majority of members present and voting.
Step 3: Committee Stage
- At the end of 2nd reading, the Bill is sent to a committee of the Dewan;
- The Dewan resolves itself into a committee;
- Carries out detailed examination on the Bill and consider the
need for amendments; - Followed by a report on the Bill to the Dewan.
- Intended to allow members the opportunity to discuss details of the Bill and to propose amendments in an informal manner;
- After discussion in the committee, the Minister moves a motion to report the Bill to the Dewan Rakyat – if motion is accepted, the Dewan will resume sitting and the committee stage ends;
- Note: sometimes, the Bill is not considered by the committee of the whole DR but by a Special Select Committee i.e. an ad hoc committee appointed – this select committee can obtain public view.
Step 4: 3rd Reading
- When the DR resumes sitting, the Minister reports that the Bill has been accepted by the committee;
- He then moves a motion for the Bill to be read for the 3rd time and passed.
Step 5: Dewan Negara
- The Bill is transmitted to the Dewan Negara – similar procedure takes place i.e. 1st, 2nd and 3rd reading;
- If passed, the Bill is returned to the Dewan Rakyat;
- If there are amendments proposed by DN, the DR may accept
or reject them; - If DR rejects them, a report shall be send to the DN – DN will consider whether to accept the rejection or insist on the amendments ;
- If the DN insists on the amendments but the DR does not accept them, then the motion, “that the Bill be laid aside” will be moved and art 68 is invoked;
- Art 68: the Bill may be presented by the YDPA for his assent after the lapse of one month for a money bill and 12 months for other bills.
Step 6: Royal Assent
- Art 64(4) FC: “YDPA shall within 30 days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed.”
- Where Royal Assent is not obtained within the said period, the Bill automatically becomes law as if it has been assented.
process
- A Bill will become law after royal assent is obtained;
- After obtaining royal assent, the Bill now turns into its final
form and known as an Act of Parliament; - But, for the Bill to be in force, it must be published in the
Federal Gazette; - Reason: the public should be informed of the existence of the new law that might affect them.
Step 7: Publication
- The Act comes into force. See for e.g. the Subordinate Courts (Amendment) Act 2010:
“An Act to amend the Subordinate Courts Act 1948.
ENACTED by the Parliament of Malaysia as follows: Short title and commencement
1. (1) This Act may be cited as the Subordinate Courts (Amendment) Act 2010.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.”
types of bills
- public bill
-private member’s bill - private bill
- hybrid bill
public bill
“A Bill dealing with public general interests.”
- Bills on matters of general public interest e.g. national defence, public order, tax; to amend general law
- Can be introduced by the government ‘tru’ the minister concerned or other members of parliament (the latter is known as ‘Private Member’s Bill)
- Public bills on money must be initiated by the government. >E.g. Annual Federal Budget & Bills on GST and SST
Private Member’s Bill
“Private Member’s Bill is a type of non-Government Bill. The one presenting a Private Member’s Bill is not a Government frontbencher, but an ordinary MP. A Private Member’s Bill being presented by an ordinary MP is not a Government’s Bill either. In terms of the design of the system, in order for the Government frontbenchers to take control over the legislative role of the backbenchers and other ordinary MPs, they would need a different legislative procedure, in order to ‘convert’ a Private Member’s Bill into a potential Government Bill.”
examples of private member’s bill
By Dr. Lim Chong Eu in 1966 to amend the FC
By Tengku Razaleigh Hamzah in 1988 to amend the Societies Act
By Nurul Izzah in 2013 to repeal the Sedition Act
- Another example is the Bill to amend the Syariah Court Criminal Jurisdiction Act 1965 (RUU 355) tabled by Datuk Seri Hadi Awang
* (Private Member of Parliament is a member of parliament who is not a minister nor in the cabinet.)
