KUALA LUMPUR, July 21 — The immunity and privileges enjoyed by Members of Parliament during speeches and debates at Dewan Rakyat sessions are limited through provisions enshrined in the Federal Constitution, political and constitutional experts said.

They added that elected representatives need to be of exemplary character and curb the tendency to incite while speaking or debating because it is a prohibited matter as outlined in detail in the Federal Constitution.

Constitutional expert Prof Datuk Dr Wan Ahmad Fauzi Wan Husain told Bernama that although MPs had immunity and are protected during debates in the Dewan Rakyat, they needed to be responsible for their statements.

He said the six-month suspension of Machang MP Wan Ahmad Fayhsal Wan Ahmad Kamal of Perikatan Nasional (PN) from Dewan Rakyat was because he violated the code of conduct and meeting procedures.

“Privileges accorded to MPs under the protection of parliamentary immunity does not mean they are given complete freedom during debates in the Dewan Rakyat or Dewan Negara.

“He should know (the code of conduct) but why does he still use baseless points without valid facts during debates? To me that’s not a abuse of immunity but Wan Ahmad Fayhsal breaching the code of conduct as an MP,” he said when commenting on Wan Ahmad Fayhsal’s suspension after he cited a poison-pen letter, which allegedly revealed the mastermind behind the takeover of Malaysia Airports Holdings Berhad (MAHB).

Wan Ahmad Fauzi said the MPs had immunity towards offences under the Sedition Act 1948 if they made statements of seditious tendencies but was subject to certain limits, including not to question its implementation and not to issue statements that could harm the Royal Institution.

The appropriate punishment needed to be determined by MPs, including by referring it to the privileges committee prior to issuing any punishment.

Meanwhile, political analyst Mujibu Abd Muis said all MPs were responsible for fulfilling the mandate as legislators professionally and constructively in the interests of the public.

His observations led him to believe that this was not reflected in the behaviour of certain MPs in the Dewan Rakyat who used the sessions conference as a ‘political stage’ instead of discussing important public matters.

“Some of them prefer to politick than being a legislator and don’t use the opportunities to debate well but to obtain political soundbites for mere popularity.

“It’s time we look at the quality of MPs. They need to repent, reflect and realise that they are in Parliament in the capacity of representatives who carry the voice of the people,” he added. — Bernama

https://www.malaymail.com/news/malaysia/2024/07/21/parliamentary-immunity-for-mps-has-limits-say-pundits/144456