KUALA LUMPUR: Members of the Cabinet should go through proper channels in reprimanding members of parliament (MPs) who issue misleading statements during parliamentary sittings, constitutional experts believe.
They also said there were mechanisms in place, such as the standing orders of the Dewan Rakyat, to be followed should such matters arise.
Constitutional and legal expert Professor Dr Nik Ahmad Kamal Nik Mahmood said there should not be any special privileges given to Cabinet members to dictate the Dewan Rakyat Speaker to reprimand MPs over misleading statements.
"In fact, the Cabinet is actually accountable to the parliament, not the other way around and this is part of the doctrine of ministerial responsibility to the House.
"There should not be any special privileges given to the Cabinet to dictate the Speaker.
"Of course, the Prime Minister (has the power) to decide the order of the day but the Speaker is in charge to ensure decorum in parliament," he said when contacted, today.
Yesterday, Communications Minister Fahmi Fadzil announced that the Cabinet had voiced a "firm reprimand" against lawmakers who made misleading statements during the royal address debate in the Lower House.
Following this, he added that the Cabinet would contact the office of the Dewan Rakyat Speaker to ensure the matter did not recur.
Nik Ahmad Kamal added that while any MP had the right to raise an objection and request the Speaker bring errant MP to the parliament's Committee of Privileges, the decision rested with the Speaker ultimately.
"Speaker holds court. Fahmi who is an MP has the right to raise an objection and request the speaker to bring errant MP to the committee (of privileges).
"Such procedure is already part of the standing orders and any lawmakers can object if there is anyone who raises a misleading statement (in the House).
"Hence, the Speaker should not be exercising his power at the instruction of the government, (as) he should be neutral and shall act in accordance with the standing orders."
Another constitutional and legal expert Nizam Bashir said ministers and MPs ought to set the record straight if they were found to have given inaccurate information to parliament.
This, he said, could be done via making a written statement in the case of a minister or possibly by raising a point of order.
"If they fail to do so, there are other mechanisms in place such as motions to set out accusations and for contempt pursuant to standing order 36(12).
"In other words, there are mechanisms in place and criteria that must be met for an MP to face appropriate sanctions for potentially misleading the House.
"With all due respect, the Speaker's role in this matter is akin to that of an 'umpire', primarily overseeing adherence to the House rules rather than determining sanctions."
Nizam, at the same time, also lauded Lawyers for Liberty's call over the matter, which stated that parliament was not a "government department" and that infractions by MPs during parliamentary sittings must be dealt with by the Dewan Rakyat itself in line with the standing orders.
"At the end of the day, it is always far better for powers to be appropriately devolved and not reposed in the hands of the Speaker as is presently being contemplated."