KUALA LUMPUR: The much-anticipated amendments to the Federal Constitution were tabled in the Dewan Rakyat today paving the way for the Anti-Party Hopping Bill to be tabled at a later date.
Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar who tabled the bill during a special session today, said a select committee will further deliberate the proposed constitutional amendments.
He also said the decision to defer voting on the constitutional amendments was made following a meeting between Prime Minister, Datuk Seri Ismail Sabri Yaakob and Pakatan Harapan's top leadership this morning.
He said the anti-party hopping bill is expected to be tabled in the Dewan Rakyat in the next sitting from July 18 to Aug 4.
The current sitting was originally supposed to deliberate the anti-party hopping law itself, but the bill, which has already been delayed by more than a month, is now set to be further delayed pending more consultations with political parties.
The bill was initially supposed to be tabled on March 21, but Ismail Sabri postponed the tabling until today.
However, on April 6, the cabinet decided that the bill needed more work and hence only the constitutional amendment bill on the "enabling clause" is to be tabled today.
"The bill seeks to amend Article 10 of the Federal Constitution by inserting Clause 3A after Clause 3. The proposed Clause 3(A) will allow the enactment of laws that ban elected representatives in Parliament and the state assembly from switching allegiances," he told the house today.
This means the freedom which is present is also subject to curbs under Clause (1) of the article for matters of security, public order and morality have been expanded to cover political association.
"This amendment also provides a clause to enable a specific act to prohibit Members of the House of Representatives to change parties, to be enacted and approved in Parliament."
He said the decision to defer voting on the constitutional amendment was made following a meeting chaired between Ismail Sabri and Pakatan Harapan's top leadership this morning.
He said a meeting between Prime Minister Datuk Seri Ismail Sabri Yaakob and Pakatan Harapan leaders had agreed on specifications on the interpretation of prohibitions levelled on lawmakers in terms of party hopping.
Wan Junaidi also said that the bill proposed the repeal of Clause 6 of Article 48 of the Constitution and any other amendments to the federal law deemed necessary.
Clause 6 of Article 48 for instance stipulates that an MP or state assemblyman who resigns shall be disqualified from contesting as a member of the House of Representatives for a period of five years effective from the date of resignation.
"The bill also proposes the enactment of a specific law relating to the prohibition of members of the Dewan Rakyat from changing parties.
"This matter will be submitted for the discussion and consideration of the Select Committee to be appointed by this House."
He reiterated the law had to be amended as the Federal Court in 1992 ruled that any ruling which requires elected representatives who switch parties to vacate their seat as being in breach to an individual's freedom of association stipulated under Article 10 (1) (c) of the Federal Constitution.
Wan Junaidi said this based on the case involving Kelantan's Sungai Penang assemblyman Nordin Salleh who in 1990 joined Umno after securing the seat under the Semangat 46 banner, triggering a political and legal crisis.
"The bill would be the first step to the enactment of laws that would prevent party-hopping and protect the rights of voters. Besides that, it would also stop elected reps from switching parties with no reasonable grounds, while ensuring the political stability of the country."
"I would like to draw the attention of all honourable members to the fact that since the 14th General Election (GE14), the country has been confronted with political unrest.
"In that time, the PM changed thrice and up to 39 representatives party hopped. This is a clear sign that national democracy is at an unhealthy and worrying level."
He said the inclusion of the bill was also part of the truce that was inked between the government and the opposition in their memorandum of political stability in September last year.
Wan Junaidi also said that on Sunday the government had agreed that a bi-partisan Select Committee be established, with the membership of all stakeholders including academic experts, ruling and opposition party representatives, to scrutinise and determine the best policy and provisions.
Wan Junaidi said since November last year 12 engagement sessions were conducted by the ministry, with political parties and academics.
A public survey involving 7,500 respondents and 110 MPs had also been carried out.
Policy and cases on incidents of party-hopping laws on the subject introduced in Commonwealth Countries such as India, Singapore, New Zealand and the United Kingdom were also studied before a presentation was made to party leaders and engagement sessions held with members of the Senate and Dewan Rakyat.
Speaker Tan Sri Azhar Azizan Harun said the matter would be debated and Ismail Sabri was expected to deliver his winding-up speech at 5pm before voting is held.
Due to the urgency of the bill and some 60 people scheduled to debate the bill, the house also agreed not to break for lunch today.