KUALA LUMPUR (Oct 16): The prospective nature of the proposed constitutional amendment to address automatic citizenship for children born overseas to Malaysian mothers is in line with “best practices” globally, according to Home Minister Datuk Seri Saifuddin Nasution Ismail.

The Constitution (Amendment) Bill 2024, which is currently being tabled in Parliament, seeks to address several long-standing issues revolving Malaysian citizenship, among others, automatic citizenship for children born to Malaysian mothers overseas.

However, a major point of contention surrounding the amendment is its proposed effects being limited to only the citizenship status of those born after the amendments come into effect, or in other words its prospective nature versus retrospective — before the amendments are enacted — as some parties have desired.

Saifuddin said findings of studies conducted by the Home Ministry on relevant amendments or provisions enacted in foreign countries, including Singapore, India and the UK, found that the common application of similar provisions is in a prospective method.

“Countries such as Singapore, India and the UK also have amendments or provisions related to what we have made — automatic citizenship for a child born abroad by a Malaysian mother — and the application in the countries I mentioned is prospective, so this is what we used, the best practices of these countries,” Saifuddin told the press during a press conference in Parliament on Wednesday.

“There are those who say that it is meaningless to fight for substituting [the words 'of whose parents one at least' into paragraph (b) of Part II of 2nd Schedule] if the adoption is not retrospective, but our explanation on this matter is that we implement it prospectively because we take into account standard practice of implementation protocol that is used for any policy or legislation enacted,” he added.

As for those relevant born before the amendment takes effect, Saifuddin assured that citizenship applications will be considered and assessed within a reasonable period of time.

Overall, Saifuddin assured that no group would be excluded from the proposed constitutional amendments for citizenship.

“All opinions, criticism, and suggestions concerning this bill have been reviewed and brought forward for today’s debate in the interest of national security and public order in Malaysia. I assure you that after years of hard work, no group will be excluded or neglected by this amendment,” he said.

The minister noted that “hundreds” of stakeholder engagement sessions involving non-governmental organisations, academics and legal experts have been held towards refining the bill.

The debate on the amendments is still ongoing, with MPs expected to vote on Thursday.