Press Statement
by Chow Kon Yeow

(Penang, Friday): Each House of Parliament is empowered by Article 62(1) of the Federal Constitution to regulate its own procedure. Each House has made rules contained in what are known as Standing Orders. As for the Standing Orders of the Dewan Rakyat they regulate matters pertaining to public business, rules of debates and Select Committees.

The Public Accounts Committee (PAC) is appointed pursuant to Standing Orders No.77(1) at the beginning of every Parliament, for the examination of –

(a)   the accounts of the Federation and the appropriation of the sums granted by Parliament to meet the public expenditure;

(b)  such accounts of public authorities and other bodies administrating public funds as may be laid before the House;

(c)   reports of the Auditor-General laid before the House in accordance with Article 107 of the Constitution;

(d)  such other matters as the Committee may think fit, or which may be referred to the Committee by the House.

The PAC has the power under Standing Orders 77(5) to send for persons, papers and records, and to report from time to time.

Clearly the PAC has the power to require the attendance of any person to assist the committee in carrying out their duties.

Minister Samy Vellu is required to attend if he is summoned by the PAC. His failure to do so may be considered a breach of parliamentary privileges.

In Erskine May’s Parliamentary Practice , it is stated that “ Parliamentary privilege is the sum of the peculiar rights enjoyed by each House collectively as a constituent part of the High Court of Parliament, and by Members of each House individually, without which they could not discharge their functions, and which exceed those possessed by other bodies or individuals.”

Dr Tan Seng Giaw, vice chairman of the PAC, had pointed out correctly that Samy Vellu’s failure to attend and his remarks against the PAC may be constituted as an act of contempt. This is punishable under the Houses of Parliament (Privileges and Powers) Ordinance 1952.

The House may appoint a committee to summarily enquire into such a case and appropriate action in accordance with the said Ordinance.

In a time when we are trying to make Parliament relevant and respectable in the eyes of the people, Samy Vellu’s outburst is uncalled for. The Legislature (through the PAC for example) can check on the acts and omissions of the Executive and Samy Vellu should respect this doctrine.

Samy Vellu is a shrewd politician. He should not allow himself to end up in the hot soup because of his sheer arrogance towards a committee of the High Court of Parliament.

As the most senior member of the Cabinet, he should lead by example. His action is most deplorable and must not escape without reprimand from the House and the Prime Minister.