Chapter 1 – Report of the Policy, Law and Complaints Group
The responses
to the proposed
amendments were
not favourable
– nearly all of
the proposed
amendments were
rejected by the
stakeholders
Dato’ Azailiza Mohd Ahad, Solicitor General, Attorney
General’s Chambers; Dato’ Sri Noor Rashid Ibrahim,
Deputy Inspector General of Police; and Dato’ Nursiah
Arshad, Director General of BHEUU, on 3 August 2015
at the BHEUU’s office in Putrajaya. The meeting was
co-chaired by YB Puan Hajah Nancy Shukri and YB
Senator Dato’ Paul Low, Ministers in the Prime Minister’s
Department.
The Commission reiterated its previous proposed
amendments on matters which included the
Commission’s mandate to visit places of detention
without prior notice; the selection and terms of
appointment of Commissioners; whether to appoint
full-time or part-time Commissioners; the Commission’s
power to intervene in court cases and to undertake mediation; the debate of the Commission’s
report in Parliament; and consultation with the Commission on the formulation and
amendment of laws.
In addition to the recommendations made previously, the Commission further recommended
that adequate funds should be approved by Parliament after reviewing the Commission’s
annual budget proposal; that a new section enumerating the Commission’s right to appear as
Amicus Curiae should be introduced; and that the power to remove the Chairman from office
under section 10(c)6 should only be exercised by the “Chief Secretary to the Government
as the Chair of the Select Committee”.
The responses given by the Ministers and Government agencies with regard to the proposed
amendments were not favourable – nearly all the proposed amendments were rejected
by the stakeholders. However, it was indicated that the proposal to amend section 10(c)
to replace “Minister” with the “Chief Secretary to Government as the Chair of the Select
Committee” would be considered.
As a consolation, it was agreed during the meeting for the relevant agencies to hold separate
discussions with the Commission to discuss alternative or administrative arrangements to
enable the Commission to carry out its mandate more effectively.
The Commission is not disheartened by this setback and will continue to pursue this matter,
as the Commission is of the opinion that these amendments are pivotal to increasing the
6
Section 10. A member of the Commission may be removed from office by the Yang di-Pertuan Agong if –(c)
the member absent himself from three consecutive meetings of the Commission without obtaining leave of the
Commission or, in the case of the Chairman, without leave of the Minister.
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