KUALA LUMPUR, Aug 29 - The DNA Identification Bill which has just been read for the 2nd time in Dewan Rakyat, raised not just debate and furore surrounding its alleged loopholes and weaknesses but also curiosity over Standing Orders and procedures to the passing of Bills before they are enacted as law.
The Standing Orders of the Dewan Rakyat is something the Speaker himself has to consult from time to time to pronounce the proper ruling on matters pertaining to the House. Below is a concise and simplified explanation of how Bills are handled in our Parliament.
1. Firstly, there are two basic kinds of Bills. Bills proposed by ministers, i.e., the government, or private member Bills, meaning Bills proposed by MPs who are not part of the government of the day.
Any Bill must be read thrice before it is passed on by the Dewan Rakyat to Dewan Negara before being gazetted as law once the Yang di-Pertuan Agong has signed off on it.
2. Private member Bills are rare and even if they are filed - PKR vice-president R. Sivarasa has apparently been trying to propose a Freedom of Information Act - they usually never see the light of day in Parliament as it is by nature, set up to run the business of the government.
3. A minister may after at least one day's notice present a Bill which shall be read by the Parliamentary Secretary at the Table and the Bill shall then be deemed to have been read the first time and shall stand for a Second Reading at the next or a subsequent sitting of the House. This is why Home Minister Datuk Seri Syed Hamid Syed Albar claimed that the opposition was already given ample time to study the DNA Bill as it was first read on Aug 16.
4. Once a copy of the Bill has been given to all MPs, a motion may be made "that the Bill be now read a second time" and the motion will then be debated in the House covering the general merits and principle of the Bill.
5. At this point, several scenarios may arise. The Second Reading may be delayed or the Bill may be withdrawn altogether or amended. In this case, the Second Reading of the Bill has not been achieved.
6. A Bill may also, as was requested by the opposition for the DNA Bill, be committed by a motion to a Select Committee before its second reading. Such a motion must be made immediately after the Bill is read a second time, and may be proposed by any member and be decided on without amendments or debate. A select committee is a panel that collects more feedback from the public and interest groups to clear any weaknesses in a Bill. Once that is completed, the committee will reintroduce the Bill for debate.
7. If not, then it has passed its Second Reading unscathed and stands committed to a Committee of the whole House -- meaning all MPs. The committee stage, however, is when a Bill has been agreed as policy and MPs will only propose technical amendments before it is read for the 3rd time and brought to the Dewan Negara.
8. The Committee Stage proceeds with the Setiausaha calling the number of each clause or a number of clauses in succession. The MPs are allowed to propose amendments as the clauses are read. If no amendment is proposed or when all proposed amendments have been disposed of, the speaker shall propose the question "That the clause stand part of the bill" and MPs will be allowed to debate it before the House decides on the question.
9. New clauses may also be proposed to the Bill. Once read by the Parliamentary Secretary, the clause shall be deemed to have been read a first time. The question shall then be proposed "That the clause be read a second time" and if this is agreed to, amendments may then be proposed to the new clause. The final question to be proposed shall be "That the clause (with whatever amendments necessary) be added to the Bill".
10. At the conclusion of these clauses, the minister shall move "That the Bill (with amendments) be reported to the House", and the question shall be decided without amendment or debate. Once agreed, the House may proceed to the Third Reading of the Bill.
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