PM pushing forward with anti-corruption Bill

DEC 5 — On Wednesday morning, just before the Malaysian Anti-Corruption Commission (MCAC) Bill is tabled in Parliament, Datuk Seri Abdullah Ahmad Badawi will meet Barisan Nasional lawmakers and move to kill off any attempt to oppose the legislation.
The Malaysian Insider understands that the Prime Minister will outline the main features of the commission and assure the MPs that there will be enough safeguards in the proposed commission to protect both parties — those who lodge reports and the accused.
There has been some restlessness among some BN MPs over the setting up of a commission which will have more autonomy and bite to tackle corruption in the country. They worry that there could be an explosion of reports and false allegations against politicians by members of the Opposition.
Some of them are also wondering if it is fair to saddle Prime Minister-in-waiting Datuk Seri Najib Razak with a body spawned from Abdullah’s reform agenda. They were also upset that the Parliament session was lengthened until Dec 18 to debate the MCAC Bill.  It is unclear if the unease by some of the BN MPs would result in them voting against the MCAC Bill or is it a case of sabre-rattling. Still, Abdullah is not taking any chances. Senior Anti-Corruption Agency officials have been briefing editors of the mainstream media on the main features of the commission. The PM also gave an exclusive interview to an English-language daily to update Malaysians on the progress of his reform agenda.
Sources said that there will be several oversight mechanisms under the MCAC. One will be an advisory board, comprising eminent Malaysians. It will function like a board of directors in a corporate set-up. There will also be a committee which draws its members from both Houses of
Parliament; a committee which will hear complaints from those who lodge reports and those who are the target of corruption investigations.
A government official told The Malaysian Insider: “This mechanism was insisted on by the Cabinet. It wants to make sure that there is transparency for all parties. Those who lodge reports now will be able to know the status of the case while those who believe that they are being vicitimised have recourse now.”
The proposed Commission will also not be allowed to sit on cases indefinitely. The oversight committees have powers to set a time frame for investigations to be completed. One of the complaints against the existing Anti-Corruption Agency is that nothing is heard of for years after the initial blaze of publicity. This situation has led to accusations of cover-ups by the government or incompetency by the ACA.
Under the MCAC Bill, the Commission will have to put forward its report to Parliament annually. As such, the cloak of secrecy which has enveloped all corruption investigations for decades will be lifted, slightly. Not everyone is comfortable with this prospect.

DEC 4 – If the Malaysian Anti-Corruption Commission Bill is to have a smooth passage through Parliament, Datuk Seri Abdullah Ahmad Badawi may have to spend the next few days winning over some Barisan Nasional MPs to his corner.
Or even consider imposing the Whip when the bill is tabled on December 10. Several BN MPs, speaking to The Malaysian Insider on condition of anonymity, are worried about the reach and influence of a more autonomous and powerful commission.
They wonder whether a more independent anti-corruption unit will result in an explosion of false allegations and investigations against lawmakers.
They also think that it may not be fair to the new administration to rush through legislation so that the Prime Minister can leave office on a high note.
An MP, familiar with discussions on the commission which have taken place in the corridors of Parliament, said: “There has been some talk that a few MPs may not support the Bill.
They are restless with the Bill and are not sure whether it would serve the interest of Barisan Nasional government. I don’t know whether this is all just talk but not everyone sees the need for the commission.”
In an interview with The Sun, Abdullah said that he hoped that the MACC Bill will be supported by all MPs. “I hope everyone will look beyond partisan lines and vote for what is best for the rakyat. This is going to change how the ACA works. You will see a different kind of ACA. One with clout that responds and is answerable to the rakyat, ” he said.
If the Bill is passed, the commission will be answerable to Parliament and it will have more autonomy to prosecute.
There will be an advisory board comprising prominent individuals and a special committee on corruption which will scrutinize the commission’s annual report.
The current Anti-Corruption Agency reports to the PM and the final say on taking cases to court lies with the Attorney-General.
There has been much criticism about the opaque system and the AG’s role in the process, with Opposition politicians and non-governmental organizations arguing that the AG will be in a conflict of interest situation if the party being investigated is a government politician.
This is because under the Malaysian system the AG wears two hats – he is the chief legal adviser to the government as well as the director of prosecution.
The MCAC is part of Abdullah’s reform agenda which he wants to put in place before he leaves office in March.
He is also hoping to set up the Judicial Appointments Commission as well as a special complaints tribunal on enforcement agencies. In an interview with Al Jazeera television this week, Datuk Seri Najib Tun Razak said that he supported Abdullah’s reform initiatives.