Parliamentary reforms to make Parliamentary control of Executive more effective and meaningful necessary 23 years after Merdeka

(Speech by Parliamentary Opposition Leader, DAP Secretary-General and MP for Petaling, Lim Kit Siang, in the Dewan Rakyat on Tuesday, 17th June 1980 when introducing the motion proposing the formation of a Speaker’s Conference on Parliamentary Reforms)

Parliamentary reforms to make Parliamentary control of Executive more effective and meaningful necessary 23 years after Merdeka

I move:

“That this House resolves to set up a Parliamentary Committee, under the Chairmanship of Mr. Speaker, to be known as the Speaker’s Conference on parliamentary Reforms, to make recommendations to the House on reforms to parliamentary procedures and practices to make the Dewan Rakyat a more effective legislative and deliberative chamber and to give substance to the important principle of parliamentary control of the Executive.” Continue reading Parliamentary reforms to make Parliamentary control of Executive more effective and meaningful necessary 23 years after Merdeka

Royal Commission Of Inquiry Into Health Services

(Speech by Parliamentary Opposition Leader, DAP Secretary-General and MP for Petaling, Lim Kit Siang, in the Dewan Rakyat on Tuesday, 17th June 1980 when introducing motion calling for establishing of Royal Commission of Inquiry into Health Services)

DAP calls for Royal Commission of Inquiry into Health Services

I move:

“That this House TAKES NOTE of the recent report of a Committee of the Malayan Medical Association Council under the Chairmanship of Dr.M.K.Rajakumar on ‘the Future of the Health Services in Malaysia’ and RESOLVES that a Royal Commission of Inquiry be established to study, and make recommendation for the realization of, the health needs of Malaysians for the next two decades.”

Continue reading Royal Commission Of Inquiry Into Health Services

Lop-sided and inequitable $600 million pay increases for public servants

(Speech by the Parliamentary Leader, DAP Secretary-General and Member of Parliament for Petaling, Lim Kit Siang, in the Dewan Rakyat on the 1979 and 1980 Supplementary Supply and Development Estimates on June 12, 1980)

We are asked to approve another batch of supplementary estimates for 1979 and 1980 for supply and development purposes:

1. 1979 Second supplementary supply estimates $619,682,705
2. 1979 Fourth Supplementary Development estimates $ 82,178,795
3. 1980 first supplementary supply estimates $272,208,456
4. 1980 first supplementary development estimates $404,391,422

making a total being requested $1,378,461,378. Continue reading Lop-sided and inequitable $600 million pay increases for public servants

From the SG’s Desk

DAP Political Offensive for the Eighties

The DAP is now on the eve of launching the Party’s Political Offensive of the 80s. this political offensive, aimed at winning over a even bigger number of Malaysians, needs the support, contribution and sacrifice of every party member, official, Member of Parliament and State Assemblyman, to ensure its success.

The success of this political offensive will determine whether the DAP will grow to be an even more powerful political force in the country, or whether our glorious days are already behind us. I believe that our finest days are still ahead, and let us, together, scale even greater heights. Continue reading From the SG’s Desk

DAP proposes parliamentary Select Committee to review Cabinet Education Committee Report

(Speech by Parliamentary Opposition Leader, DAP Secretary-General and MP for Petaling, Lim Kit Siang, in the Dewan Rakyat on Monday, 9th June 1980 on the motion to establish a Parliamentary Select Committee to review the Cabinet Education Committee Report)

DAP proposes parliamentary Select Committee to review Cabinet Education Committee Report which has failed in its twin objective of assessing the success of the education policy in nation building, or in assessing whether it meets the short and long-term national manpower needs

I rise to move: Continue reading DAP proposes parliamentary Select Committee to review Cabinet Education Committee Report

Industrial Relations (Amendment) Bill 1981

(Speech by the Parliamentary Leader, DAP Secretary-General and Member of Parliament for Petaling, Lim Kit Siang, in the Dewan Rakyat on the Industrial Relations Amendment Bill 1980 on April 4, 1980)

What is most offensive about the amendments to the Trade Union Ordinance and the Industrial Relations Act is the way the Government went about amending these labour laws.

As these labour laws intimately affect workers and trade unions a government which respects trade unions and workers’ role in national development would have fully and intimately involved trade unions in every stage of the review of the labour laws. Continue reading Industrial Relations (Amendment) Bill 1981

A decade of unity and reconciliation

(Speech by the Parliamentary Leader, DAP Secretary-General and Member of Parliament for Petaling, Lim Kit Siang, in the Dewan Rakyat on the debate on Royal Address on March 18, 1980)

I rise to support the Motion of Thanks to His Majesty for His Gracious Address to both Houses of Parliament yesterday.

His Majesty, at the outset of His Gracious Address, rightly reminded us that this session takes place during a historically significant period. We are entering the decade of the Eighties. This year is also the last year of the Third Malaysia Plan and the mid-way mark of the 20-year Perspective New Economic Policy of the Government.
Continue reading A decade of unity and reconciliation

Freedom of Information

DAP calls for greater openness of government, more compatible with parliamentary democracy and more efficiency and accountability

(Speech by the Parliamentary Leader, DAP Secretary-General and Member of Parliament for Petaling, Lim Kit Siang, in the Dewan Rakyat when moving a motion to introduce a Private member’s bill intituled Freedom of Information Act on October 26, 1979)

I move:

That this House pursuant or Standing Orders 49(1) grants leave to Lim Kit Siang to introduce a private member’s bill intituled Freedom of Information Act to ensure openness of government and to prevent the law on Government information from protecting inefficiency, maladminisfration or even malpractices and corruption, by

  1. drastically cutting back the present catch-all Section 8 of the 1972 Official Secrets Act by providing that only specified categories of government information, e.g. matters involving national security or personal information, are protected by criminal penalties against disclosure; and
  2. enacting a new law compelling the government to make records available to the public on demand except in the cases of specified categories of government information like properly- classified documents involving national security or personal information, and the provision for the Court to decide whether such classification is justified or not.

In moving this motion, the DAP is guided by the conviction that if Malaysia is to have a meaningful parliamentary democracy, we must create a more open government, which respects and uphold the fundamental right to know of the citizens in all matter affecting the country and people.

A secret government is by its very definition an undemocratic and autocratic government. Such a government does not become democratic just because once in five years it holds general elections under conditions whereby the people are denied opportunities to intelligently exercise a free choice, the denial of information and access to the electorate, whether through mass media control, ban on public rallies, or the cult of secrecy hiding government information form the public.

Further, we believe that a more open government makes for better and a more efficient government. for instance, if government decision processes had been more open and public, where political leaders and civil servants had to stand public scrutiny of their projects and proposals, we might have avoided or minimized the losses that we suffered from white-elephant projects like the multi-million dollar Senai Airport, the $250 million Kuantan Port scandal which cracked even before it opened, the $2 billion LNG Tankers which will be delivered shortly and will lie idle costing the country to lose hundreds of millions of dollars a year for the next few years; and a long list of others. This is because in an open government, all the feasibility studies of these projects or proposals would have to be made available to the public, and would have the benefit of public scrutiny and examination.

The cult of secrecy of government in Malaysia is being taken to extreme ends. For instance, there appears to be a great competition going on between three Ministries to see who could keep their report longest away from public knowledge – the Ministry of Housing’s Rent Control Act Review; the Ministry of Law’s Accident No –Fault Liability Scheme study; and the Ministry of Education’s Cabinet Review on Education. While the various Ministries are taking their sweet time wondering what to do with these respective reports, are taking their sweet time wondering what to do with these respective reports, can they give a good reasons why these reports should remain secret?

The disease of excessive secrecy, nurturing the illusion that only an elite few are qualified to make laws of decisions merely to be rubberstamped by Parliament and accepted by the people, could be seen in the way the labour law amendments are being prepared. Government Ministers had being declaring for months that drastic amendments to labours laws are coming, and in fact the Deputy Labour Minister, Datuk Pathmanaban, confirmed two days ago in the Dewan Rakyat that the amendments would be tabled at this meeting, but the whole country, the labour movement and even Parliament are in the dark as to the nature of these amendments.

Such obsession with government secrecy has made a mockery of parliamentary democracy, for a meaningful democratic decision making process involves the fullest participation in the formulation of policy or laws, by all interested parties. what the government is doing is to exclude the interested parties in the most important stage of decision-making, the formulation stage, and only bring in Parliament and the interested parties when its mind had already been made up.

Thirdly, the cult of government secrecy also provides a protective cover for inefficiency, negligence, maladministration or even malpractices and corruption.

For instance, the report of the departmental inquiry into the mass hospital deaths in the Malacca General Hospital in August 1972 because of hospital negligence resulting in the breakdown of the hospital auto-clave (sterilisation plant) is still a secret, which serves to protect inefficiency, negligence and maladministration. How could this square with a government which is accountable to the people?

Parliament should therefore give serious consideration to provide for greater openness of government to ensure that there is a democratic, efficient and dedicated Government, which does not use government secrecy laws and regulations detrimental to the people’s rights and interests.

Let me make it clear that we in the DAP accepts that there are some legitimate secrets in a democracy which are important enough to be protected by criminal penalties, e.g. matters involving national security, maintenance of law and order, personal information. There is an inevitable tension between the democratic requirements of openness and the continuing need to keep some matters secret.

What is highly objectionable, however, is the use of criminal law to restrict the publication of matter of public interest – when public interests in fact demand their disclosure.

I am referring in particular to Section 8 of the 1972 Official Secrets Act, which is based on section 2 of the United Kingdom Official Secrets Act 1911.

For sometime, there had been considerable disquiet in UK over section 2 of the Official Secret Act (i.e. our section 8), and a special committee, known as the Franks Committee, was established to inquired into this section alone.

This is what the Franks Committee said about section2:

“We found section 2 a mess. Its scope is enormously wide. Any law which impinges on the freedom of information in a democracy should be much more tightly drawn. A catch-all provision is saved from absurdity in operation only by the sparing exercise of the Attorney-General’s discretion to prosecute. Yet the very width of this discretion, and the inevitably selective way in which it is exercise, give rise to considerable unease. The drafting and interpretation of the section are obscure. People are not sure what it means, or how it operates in practice, or what kinds of action involve real risk of prosecution under it. (Pare 88)”

And in Paragraph 17, the Franks Committee Report described section 2 as a catch-all, saying:

“The main offence which section 2 creates is the unauthorised communication of official information (including documents) by a Crown servant. The leading characteristic of this offence is its catch-all quality. it catches all official documents and formation. It makes no distinctions of kind, and no distinctions of degree. All information which a Crown servant learns in the course of his duty is ‘official for the purpose of Section2, whatever its nature, whatever its importance, whatever its original source. A blanket is thrown over everything nothing escapes.”

Such a catch-all law is incompatible with the creation of an open government. The Official Secrets Act should be confined to provisions dealing with spies, traitors and others who intend harm to the nation.

Most people think that government secrets are about protecting the nation’s security against foreign spies, and assume that laws to enforce that secrecy are for everybody’s benefit. But this is true of only a very small part of the information kept secret by government. Most government secrets are kept from the public for reasons that have nothing to do with national defence, and one of the most important of these reasons is simply the convenience of those in power.

Government information unrelated to national security or defence should not come under the Official Secrets Act, and section 8 of our Act should be amended to remove its catch-all quality, so as not to affect information unrelated to national security.

However, reforming section 8 of the Official Secrets Act by drastically cutting back the present catch-all section 8 would do almost nothing to make most government information available to the public.

Openness of Government requires a law to encourage disclosure by compelling the government to make most records available to the public. There would be exceptions, but they should be for reasons spelled out by law. And there must be some impartial judge apart from the government machine to decide whether secrecy for the particular document is justified by one of those reasons.

I envisage that there would be three kinds of government information under the law. First, most government records should be public ones, available for inspection and copying to anyone who asks. Secondly, some information would be exempt from such compulsory disclosure. It would be up to the Ministers to decide whether to publish or not. But an official who did leak such information could not be prosecuted, although he might face disciplinary proceedings. And thirdly, some secrets, the ones that really deserve protection, e.g. matters involving national security, would be both exempt from compulsory disclosure and covered by the criminal law.

DAP calls for correction of fundamental New Economic Policy implementation defects

(Speech by the Parliamentary Leader, DAP Secretary-General and Member of Parliament for Petaling, Lim Kit Siang, in the Dewan Rakyat on the 1980 Budget on October 22, 1979)

The 1980 Budget, presented by the Finance Minister, Tengku Razaleigh, has been generally well-received by the press and the people, in particular with regard to the long overdue increase of personal relief’s for individual taxpayers.

The DAP had consistently called for the upward revision of personal tax reliefs for individuals in this House, as the repeated bouts of inflation and the loss of the purchasing power of the ringgit since the formulation of the income tax laws in the 1940s have made the reliefs derisory! Although long overdue, we commend the Finance Minister for at long last taking heed of the crushing burden borne by the lower income brackets by revising the income tax personal reliefs to more realistic levels. Continue reading DAP calls for correction of fundamental New Economic Policy implementation defects

State revenue growth grants

(Speech by the Parliamentary Leader, DAP Secretary-General and Member of Parliament for Petaling, Lim Kit Siang, in the Dewan Rakyat on the Revenue Growth Grants Amendment Bill 1979 on October 11, 1979)

One of the economic imbalances in the country is the imbalance of economic growth between the states, and any Federal Government effort to rectify the economic imbalance between states will get full DAP support.

At present the most economically backward states, from the stand-point of per capita Gross Domestic Product for each state is Kelantan, which has only a ratio of 0.38 of the Malaysian per capita GDP, Kedah/Perlis which has a ratio of 0.54 of the Malaysian average, and Trengganu which has a ratio of 0.60. Continue reading State revenue growth grants