Parliament of Malaysia - Procedure

Procedure

Parliament meets from Monday to Thursday when it is in session, as Friday is part of the weekend in the states of Kelantan, Kedah, and Perlis.

A proposed act of law begins its life when a particular government minister or ministry prepares a first draft with the assistance of the Attorney-General's Department. The draft, known as a bill, is then discussed by the Cabinet. If it is agreed to be submitted to Parliament, the bill is distributed to all MPs. It then goes through three readings before the Dewan Rakyat. The first reading is where the minister or his deputy submits it to Parliament. At the second reading, the bill is discussed and debated by MPs. Until the mid-1970s, both English and Malay (the national language) were used for debates, but henceforth, only Malay was permitted, unless permission was obtained from the Speaker of the House. At the third reading, the minister or his deputy formally submit it to a vote for approval. A 2/3 majority is usually required to pass the bill, but in certain cases, a simple majority suffices. Should the bill pass, it is sent to the Dewan Negara, where the three readings are carried out again. The Dewan Negara may choose not to pass the bill, but this only delays its passage by a month, or in some cases, a year; once this period expires, the bill is considered to have been passed by the house.

If the bill passes, it is presented to the Yang di-Pertuan Agong, who has 30 days to consider the bill. Should he disagree with it, he returns it to Parliament with a list of suggested amendments. Parliament must then reconsider the bill and its proposed amendments and return it to the Yang di-Pertuan Agong within 30 days if they pass it again. The Yang di-Pertuan Agong then has another 30 days to give the royal assent; otherwise, it passes into law. The law does not take effect until it is published in the Government Gazette.

The government attempts to maintain top secrecy regarding bills debated; MPs generally receive copies of bills only a few days before they are debated, and newspapers are rarely provided with copies of the bills before they are debated. In some cases, such as a 1968 amendment to the Constitution, an MP may be presented with a bill to be debated on the same day it is tabled, and all three readings may be carried out that day itself. In rare circumstances, the government may release a White paper containing particular proposals that will eventually be incorporated into a bill; this has been done for legislation such as the Universities and University Colleges Act.

Although the process above assumes only the government can propose bills, there also exists a process for Private Member's Bills. However, as in most other legislatures following the Westminster System, few members of Parliament actually introduce bills. To present a Private Member's Bill, the member in question must seek the leave of the House in question to debate the bill before it is moved. Originally, it was allowed to debate the bill in the process of seeking leave, but this process was discontinued by an amendment to the Standing Orders of Parliament. It is also possible for members of the Dewan Negara (Senate) to initiate bills; however, only cabinet ministers are permitted to move finance-related bills, which must be tabled in the Dewan Rakyat.

It is often alleged that legislation proposed by the opposition parties, which must naturally be in the form of a Private Member's Bill, is not seriously considered by Parliament. Some have gone as far as to claim that the rights of members of Parliament to debate proposed bills have been severely curtailed by incidents such as an amendment of the Standing Orders that permitted the Speaker of the Dewan Rakyat to amend written copies of MPs' speeches before they were made. Nevertheless, some of these critics also suggest that "Government officials often face sharp questioning in Parliament, although this is not always reported in detail in the press."

Most motions are typically approved or rejected by a voice vote; divisions are generally rare. In 2008, the 12th Parliament saw the first division on the question of a supply bill.

In June 2008, two MPs announced they would be supporting a motion of no confidence against the Prime Minister, another first in the history of Parliament. The procedure surrounding a vote of no confidence is not entirely clear; as of June 18, 2008 it appeared there was no provision in the Standing Orders for whether a simple majority or a 2/3 supermajority would be necessary to pass a vote of no confidence

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