Saturday, November 24, 2007

Passage Of Bills in Order: Juhar.


Kota Kinabalu: Speaker Datuk Juhar Mahiruddin, when met after the Assembly adjourned Friday, said the passing of two Bills a day earlier than expected on Thursday was within the limits of power of the House.
He was referring to the passing of the Sabah Records and Archives Enactment 2007 and the amendment to the State Library Enactment 1988.
The Bills were tabled by Assistant Minister to the Chief Minister Datu Nasrun Datu Mansor and Deputy Chief Minister Datuk Yahya Hussin right after the State 2008 Budget was passed late Thursday evening (see Page 7 for the Bills details).
During the question and answer session Friday, Tempasuk Assemblyman Tan Sri Pandikar Amin Mulia raised several points of order in the Standing Order, basically on the importance of providing early notice for any changes in the House's daily agenda and schedule.
He said based on Order 13, the proceedings of the State Assembly sitting must be according to order of the agenda as well as on the need for at least a two-day notice to the House members if a Bill is to be tabled.
At that point, Deputy Chief Minister Datuk Seri Joseph Pairin Kitingan (PBS-Tambunan) stood up but was asked by Pandikar not to interrupt him as he was not finished yet.
Pairin said he was not standing up to object but only to ask him whether the issue being raised had something to do with today's (Friday) business or yesterday (Thursday) and the reason for it.
Juhar then told Pandikar that since it was question and answer time whatever being raised must be relevant and that he would not be able to make any ruling if Pandikar was referring to so many points of order, which was irrelevant to the Q&A session.
At this juncture, Chief Minister Datuk Seri Musa Aman commented that the Tempasuk Assemblyman was being long-winded. This led to all three people - Musa, Pandikar and the Speaker - speaking at the same time.
Pandikar contended that he should be allowed to finish what he had to say.
Juhar then told Pandikar he would rule not to allow him to raise points of order anymore if it were not relevant to the Q&A session.
But, Pandikar reiterated he was raising the points of order to emphasise on the need for notice before the House decides on anything especially the two Bills that were supposed to be debated on Friday but which was brought forward to Thursday.
Juhar explained that in principle what Pandikar said was correct because it (the tabling of the Bills) was set in the agenda but that it was only a guideline.
Nonetheless, Juhar pointed out that Pandikar was not around when the House unanimously passed the motion (to debate the two Bills on Thursday). Pandikar sparked another round of verbal jousting when he said he saw ministers leaving when the House was in session "even the Chief Minister".
To this Juhar, who was once a Parliament Deputy Speaker, said that in Parliament even former Prime Minister Tun Dr Mahathir Mohamad sometimes had to leave the House due to work. The Speaker then decided the matter closed and that the question and answer session proceed with nearly 20 minutes already lost from the allocated one hour.
Pairin then again stood to point out some matters in the Standing Order but Juhar requested him not to do so after Pandikar said: "I thought it is finished É I might as well as continue (if Pairin touched on the issue again)".
Speaking to reporters after the Assembly was adjourned sine die, Pairin quoted various points of order, among them, that the House could decide to proceed with government businesses if the House leader deems fit by communicating to the Secretary and that the decision of the Speaker was final.
At the same time, he said in any case under Order 50 (3) when there has been a failure on the part of the House or any committee thereof to comply with provisions of the Standing Order "in a decision leading to a situation like yesterday (Thursday)" such failure shall be treated as irregularity and not cause the proceedings or decision thereafter to be null and void.
"So it was done in accordance to the Standing Order," he said.
CM Datuk Seri Musa said later that exchanges such as the one between him and Pandikar were normal and nothing personal.
"It is only a small problem but after this we become friends again. It is normal, just to make the State Assembly lively if not it will be boring. I am not taking it seriously," he said.
Musa also commended Juhar for controlling the situation well and that it also showed the maturity of the House members.
Both Musa and Pandikar were seen hugging each other after the adjournment.

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