KUALA LUMPUR: An interim report on the separation of powers between the attorney-general and the public prosecutor is expected to be completed next year, the Dewan Rakyat heard today.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the report follows the completion of an ongoing empirical study on the matter.
"The report will provide insights into the status of the attorney-general's role and the potential separation between the attorney-general and the public prosecutor," she said during the minister's question time in Dewan Rakyat today.
She said this in response to Aminolhuda Hassan (PH-Sri Gading) who enquired about the progress of the institutional reform agenda.
In June, Azalina said an empirical study of countries such as Canada and Australia regarding the separation of powers was conducted in May and June this year, while a study on the United Kingdom's system is being finalised.
Meanwhile, Azalina added that the government is committed to exploring the possibility of achieving this separation.
She said while necessary amendments on the matter could be made, the structure and process must be adhered to.
"What we are seeing with the issue of the separation between the attorney-general and the public prosecutor is that, in the past, the problem was that the law minister was also the attorney-general.
"This is why the attorney-general, who was also the lead public prosecutor, delegated some powers to the solicitor general.
"I know that we can come to Parliament and make all the necessary amendments, but we also have to consider that this process must follow a structured and proper path. For example, the government must first commit to a timeline," she said.
She also said other countries, which Malaysia is studying based on their systems, have faced similar challenges in implementing the same reforms.
"When we visited Canada and Australia, they provided similar explanations, stating that their changes took time.
"It was not something that happened overnight just because it was demanded. Indeed, we can make amendments, but the Madani government is a responsible government, we cannot make decisions purely based on popularity or immediate demands.
"We are also moving forward with the Parliamentary Select Committee, led by Selayang (William Leong Jee Keen), which includes representatives from both the opposition and the government so that they can listen, observe, and ask questions about countries that have implemented this separation," she said.
Azalina added that evidence-based research from the empirical study is crucial in the decision-making process regarding the separation of powers.
"During various discussions, we have held focus groups where experts from both local and international universities have been involved at every stage in each country we have visited and researched. This demonstrates our commitment.
"The outcome will first be an interim report, followed by policy decisions. If agreed upon, we will present it to parliament, where members can offer their views."