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KUALA LUMPUR: Dewan Rakyat chairman does not have powers to expedite motions tabled for debates, says Datuk Azhar Azizan Harun (Photo).
The president himself said this was following the Westminster convention and democracy practices.
Azhar said this following questions posed by opposition lawmakers on why motions of no confidence against the Prime Minister could not skip the queue and be debated in the august Chamber before government business.
RSN Rayer (PH-Jelutong) said the recent incident in Perak, in which the state’s Mentri Besar Datuk Seri Ahmad Faizal Azumu lost a motion of confidence, has taken precedence.
“I think we have about 16 no-confidence motions against Pagoh (Tan Sri Muhyiddin Yassin), and even a government supporter, YB Gua Musang (Tengku Razaleigh Hamzah) has requested one.
“If the Perak state assembly can allow such a motion against your MB, why can’t you, President, do the same and give importance to the motions that have been tabled?” Rayer asked.
Sim Tze Tzin (PH- Bayan Baru) said that the matter must be debated as the Prime Minister must have the support of the majority of the voice in the House, as established in the Federal Constitution.
“We need to decide on this matter, as the political stability of the nation depends on this,” Sim said.
Azhar then calmly gave his explanation, saying that he did not know how the vote of no confidence was carried out in the Perak state assembly.
“I am not aware of the current orders there, therefore I am not sure under what standing order the motion was brought to number one.
“Second, I am not bound by the actions of other speakers in state assemblies, because the current orders in each state vary.
“Third, my decision not to file the motion is not based on my own whims and fantasies; I have conducted a thorough investigation into this matter,” he said.
Azhar said that under the Westminster convention, the president does not have powers to file motions of confidence or no confidence in the House.
Citing an example in the UK House of Commons when Valerie Vaz, a MP, posed the question to the Speaker of the UK House of Commons about a vote of no confidence that had been made, but was not yet debated in the camera.
“The speaker (of the House of Commons) had said that he had no indication from the government that they intended to agree to the request for a debate on the motion, which is the convention.
“Therefore, the power is not in the hands of the Speaker, that is the convention and the convention in the UK.
“As such, I don’t understand why so many deputies, experts, lawyers, actually former attorneys general who say I have the power to do it when in fact I don’t,” Azhar said.
The president said he was more than willing to show anyone the in-depth research he has done on the issue.
“I didn’t do this willingly, I did my research,” he said.
To this, Rayer intervened and said that if the Speaker of Perak had allowed it, making it a precedent, why can’t the same be done in the Dewan Rakyat?
Azhar said that many talk about the Westminster convention and it should be followed here as well.
“So, we are following that and I am bound by the procedures that have been approved in this very Dewan Rakyat, in the form of Standing Orders,” Azhar said.
Rayer then said that the Spokesperson should not be the intermediary, adding that he should “act without fear or favor.”
Azhar said he no longer wanted to discuss the matter further, adding that it has been a protracted debate for the past four months.
“I know my views are not accepted, I know people call me pathetic, but the bottom line is that it is the Westminster convention,” Azhar said.
He further explained that Standing Order 43 mentions trust, but questioned how it can be demonstrated or proven.
Regarding the laws of cases, Azhar said that the most famous heard on this matter was in the Federal Court between Datuk Seri Mohammad Nizar Jamaluddin and Datuk Seri Dr. Zambry Abdul Kadir.
“The vote of no-confidence does not only have to come from the floors of the august Chamber, which has been established by law.
“Even in Sabah, after the XIV General Election, that confidence was not expressed through the state assembly.
“So, I would like to continue now with the Budget committee stage,” Azhar added.
V. Sivakumar (PH-Batu Gajah) then intervened and asked who needs to give an indication for such motions to be taken to the Dewan Rakyat.
To this, Azhar said that he should be a minister.
Sim then said that ministers are afraid to do so as it could affect them.
To this, Azhar simply replied, “That is not my problem, I cannot proceed based on assumptions.”
Then, the Chamber continued the debates for the commission stage of the Ministry of Tourism, Art and Culture.
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