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Bill to separate AG, public prosecutor’s powers next year, promises Kulasegaran | Scoop
Putrajaya is looking at Australia and Canada as among the better models of the separation of powers between the Attorney-General and Public Prosecutor, according to Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran. - Scoop file pic, December 9, 2024
News

Bill to separate AG, public prosecutor’s powers next year, promises Kulasegaran

Deputy law minister responds to Seputeh MP’s claim govt is ‘taking too long’

Scoop Reporters
Updated
12:02 PM MYT

 

KUALA LUMPUR — Putrajaya has promised that amendments to separate the powers of the Attorney-General (AG) from the Public Prosecutor will be ready next year.

Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran said this in the Dewan Rakyat when asked by Teresa Kok (Seputeh-PH) why this promised reform was taking so long to implement.

Kok, after listening to Kulasegaran explain the many stakeholder engagement sessions and numerous studies the government had undertaking over the last two years on the matter, demanded a guarantee that a bill would be tabled by March next year when Parliament reconvenes after the current sitting ends later this month.

“As we have heard from the deputy minister, officials are roaming around the world doing one study after another. 

“Why must it take so long, why can’t Article 145 of the Federal Constitution just be amended immediately?

“Can the government guarantee that by the next parliamentary sitting in March next year, at the very least, the amendments will be ready?” Kok said.

Article 145 is on the appointment of the Attorney-General by the Yang di-Pertuan Agong on the advise of the Prime Minister.

To this, Kulasegaran (Ipoh Barat-PH) assured that “the matter will be resolved next year”.

He said holding thorough consultations was necessary due to the many factors involved given the AG’s role in many aspects of the government and in law enforcement through various agencies.

“It is easier said than done…we have to look at the best model of separating the powers, with Australia and Canada being among them,” Kulasegaran said.

In these countries, he said the AG in general does not advise the public prosecutor, while on certain matters involving security, may give general orders provided they are contained in a public gazette.

“In Australia, civil cases involving the government are also handled by a different department of government solicitors.

“And it is not mandatory for government agencies to use the services of the attorney-general, unless in certain cases. We have to study all these aspects.”

Kulasegaran added that separating the powers of the AG and public prosecutor will also bring financial and human resource implications to Putrajaya, and have to be further studied. – December 9, 2024

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