– M. Kulasegaran, MP for Ipoh Barat, September 3, 2016.
Datuk Seri Nazri Aziz has said in a recent interview to Malay Mail Online that he is opposed to the government’s planned amendments to the Legal Profession Act (LPA) 1976, saying these would be seen as interference in the independent professional body representing lawyers in peninsular Malaysia.
Nazri’s statement is most welcome news.
The government must not interfere in the Bar Council’s self-regulation and internal management and it should drop the planned amendments altogether. The government should just forge as partner of democracy of the Bar Council.
In the last session of Parliament meeting, Government back-benchers had questioned the role and functions of the Bar Council as it was alleged to be acting more like an opposition party. In particular, the filing of judicial review application by the Malaysian Bar was perceived as interference in the government’s role.
The application was seeking:
1. to set aside Attorney General Apandi’s exoneration of the Prime Minister Najib on Jan 26 and his directive for MACC to close investigations.
2. to disqualify Apandi from making any further decision regarding the MACC’s investigation into the RM2.6 billion donation as he is reported to have advised Najib on the probe.
In the ensuing debate, I made it plain to the MPs and the Government that the Bar Council was just ensuring the Custodian role of the law for the nation without fear or favour.
In the initial years up to 1974, the Government lacked lawyers to scrutinize Bills and thus the Bar Council was entrusted to check and vet all Bills before the Government presented them to Parliament.
The proposal of the Government was to curtail the powers of the Bar Council in particular by appointing 2 representatives to sit in the council. Further the quorum is to be increased and even the electoral process of the Council was proposed to be amended.
This attempt by the Government was perceived as “drastic” changes aimed to cut the Bar Council to its size, which is a totally foolish idea by the Government. Bar Council was also told to be concerned only on issues affecting its members, namely their “bread and butter issues”.
Unfortunately, the Attorney General and the Government failed to read and understand the Legal Profession Act as it is stipulated in S 42 that the Bar should among other matters act without fear or favour.
Instead of trying to control it, the Government should empower the Bar further. In particular , it should strengthen the Legal Aid role of the Bar by dispensing the current charges( court fees for filing etc) levied on matters it takes to court to represent the poor. This special “concession” is presently granted to the Government Legal Aid. Both Legal Aid sectors are set up to act for the poor and marginalized so that no one is denied legal representation. Why then the Bar Council’s Legal Aid has to be “taxed”?
The Bar could be out spoken but it acts as a check and balance on the Government, Judiciary and the Parliament. With the present set up, it has brought about confidence to investors and the like.
No one should act like God for all institutions as human beings have their limits. I am happy Nazri being the former Law Minister understands and accepts the crucial role played by the Bar in an evolving and dynamic democracy of Malaysia.
I urge the other Ministers to openly support the statement by Nazri as it is forthright and principled. Can we count on and hope some Cabinet Ministers will open their mouth!!
