PETALING JAYA: A Royal Commission of Inquiry (RCI) should be set up to study the reforming of the Attorney General’s Chambers (AGC) in order to improve governance and uphold the rule of law, says Datuk Seri Azalina Othman Said.
The Deputy Speaker and Pengerang MP said recent developments have exacerbated the public’s trust deficit on the AGC, which will contribute to the current political impasse and impact the public’s support towards the government’s fight against the Covid-19 pandemic.
“The RCI should consist of top constitutional experts with impeccable impartiality and comparative insights - thus ensuring a holistic approach to the government’s implementation of the National Recovery Plan (NRP),” she said in a statement on Friday (July 23).
She added that the AGC’s roles as the government’s legal advisor, public prosecution, the governing body of lower court judges and the law-drafting body had constituted a “severe conflict of interest” that has clouded the practice of rule of law and heightened allegation of selective prosecution and impunity.
“This has affected business confidence reflected amongst others in the Corruption Perceptions Index (CPI).
“The RCI should study the necessary separation of these roles so that the AGC will fundamentally function only as the government’s legal counsel.
“The prosecutorial service should be made an independent body under the Solicitor General, enjoying independence and job security like a Federal Court judge,” she said.
She suggested that the lower court judges be placed under the Judiciary services as Specialised Judges in Specialised Courts.
“Finally, law-drafting should be assigned to an independent Parliamentary Draftsman Office, which serves the Government Ministries, Upper House and Lower House of Parliament,” she said.
Azalina highlighted the importance of the AG to be answerable to the Parliament on matters he or she advises the government.
She urged the RCI to study the separation of labour between the Minister of Justice and AG, should both parties be needed to ensure parliamentary accountability of the government’s legal advisor.
“A prompt decision on this matter before or upon the reconvening of the Parliament will help underline the government’s commitment to parliamentary democracy, rule of law and political stability,” she said.