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MPs' immunity during speeches, debates has limits — Experts

20 Jul 2024, 3:11 AM
MPs' immunity during speeches, debates has limits — Experts

KUALA LUMPUR, July 20 — The immunity and privileges enjoyed by MPs during speeches and debates at Dewan Rakyat sessions are limited through provisions enshrined in the Federal Constitution, said political and constitutional experts.

Elected representatives need to be of exemplary character and curb the tendency to incite while speaking or debating, as inciting is a prohibited matter, as outlined in detail in the Federal Constitution.

Constitutional expert Prof Datuk Wan Ahmad Fauzi Wan Husain told Bernama that although MPs have immunity and are protected during debates in the Dewan Rakyat, they must be responsible for their statements.

He described the six-month suspension of Machang MP Wan Ahmad Fayhsal Wan Ahmad Kamal of Perikatan Nasional from the Dewan Rakyat as appropriate since he acted unprofessionally and had violated the code of conduct and meeting procedures.

"Privileges accorded to MPs under the protection of Parliamentary immunity do not mean they are given complete freedom during debates in the Dewan Rakyat or Dewan Negara.

"He should know (the code of conduct), but why does he still use baseless points without valid facts during debates? To me, that is not an abuse of immunity but Wan Ahmad Fayhsal breaching the code of conduct as an MP,” Fauzi said.

He was commenting on Fayhsal’s suspension after he cited a poison-pen letter, which allegedly revealed the mastermind behind the takeover of Malaysia Airports Holdings Berhad.

Fauzi added that the MPs had certain limits, including not touching on sensitive issues under Clause (4) Article 10 that could be an offence under the Sedition Act 1948 for making a statement of seditious tendency.

Meanwhile, political analyst Mujibu Abd Muis said all MPs were responsible for fulfilling their mandate as legislators professionally and constructively in the public interest.

His observations have led him to believe that this was not reflected in the behaviour of certain MPs in the Dewan Rakyat, who used the sessions conference as a 'political stage' instead of discussing important public matters.

“Some of them prefer to politick than being legislators and do not use the opportunities to debate well but to obtain political soundbites for mere popularity.

“It is time we look at the quality of MPs. They need to repent, reflect, and realise that they are in Parliament in the capacity of representatives who carry the voice of the people," Mujibu said.

— Bernama

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