MUCH has been said of late regarding proroguing Parliament. But what does that mean? We break it down for you.
Q: What does proroguing Parliament mean?
A: Proroguing Parliament is the act of terminating a parliamentary session to be replaced with its next session, without the dissolution of Parliament.
Q: When would such a thing occur?
A: Prorogation is commonly done before the end of a parliamentary term (end of year), although the law never specifies it should be done during that time or on the third meeting of a term. Prorogation of Parliament could be executed at any time as proclaimed by the Yang di-Pertuan Agong.
Q: How is it carried out?
A: Proroguing Parliament is done based on Article 55(2) of the Federal Constitution, which states that the Yang di-Pertuan Agong has the absolute power to prorogue or dissolve the Parliament. His Majesty will then make a proclamation summoning a parliamentary session that will be done through a Federal Gazette. Any Bill pending in Parliament shall not lapse by reason of the prorogation of Parliament.
Q: When was the last time a prorogation of Parliament was carried out?
A: Based on the Federal Gazette, the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah proclaimed that the Second Term of the 14th Parliament, which commenced on March 11, 2019, was prorogued on March 2 this year. He had done this under Clause 2 of Article 55 of the Federal Constitution.
Q: What happens when Parliament is prorogued?
A: Often called a "reset" or "reboot" of Parliament, it shuts down all parliamentary business.
The House stops sitting and committees can't meet, but members keep their seats and the Government remains in place.
Prorogation does not affect legislation that has already been passed. Any existing bills and ongoing committee work — including studies and investigations — are halted, and can be introduced as entirely new.
Q:Can MPs vote against prorogation?
A: No. Proroguing Parliament is not voted on by MPs so cannot be stopped in this way.
Q: How long can a Parliament be prorogued?
A: For a maximum period of six months. Article 55(1) states that, '[The King] …shall not allow six months to elapse between the last sitting in one session … and the date appointed for its first meeting on the next session'
Q:What happens to the government during a prorogued Parliament?
A: All government matters will go on as usual.
Q: What's the difference between proroguing Parliament and declaring emergency?
A: During prorogation, the Parliament cannot meet. Agong cannot make law and all government actions are subject to the Constitution. Meanwhile, during an emergency, Parliament may sit. If the Parliament is not in session, Agong can make law (Ordinance) and if Parliament is in session, it can make law. Laws made for the purpose of emergency may be inconsistent with the constitution.
Q: When has the prorogation of Parliament been carried out due to a declaration of Emergency?
A: Parliament has only been suspended once in Malaysian history following the May 13 racial riots in 1969. It led to the suspension of Parliament for two years and the formation of an emergency administrative body aimed at restoring law and order to the country. From 1969 to 1971, our nation was administered by the National Operations Council in lieu of the elected government.
Q: How many times has an Emergency been declared in the country?
A: Four had been declared so far:
- In 1964 to deal with the Indonesian confrontation.
- In 1966 to get rid of the Sarawak Chief Minister at the behest of the Federal Government.
- In 1969 in the aftermath of the May 13 racial riots.
- In 1977 as a result of the collapse of the Kelantan government then headed by Datuk Mohamed Nasir.
Q:What happens when Parliament returns?
A: When Parliament resumes, there is a State Opening of Parliament during which the King reads a speech that sets out the Government's legislative programme for the next year.
Q:What happens to the upcoming Budget 2021 (if an emergency is declared or if there is prorogation)?
A: Budget 2021 is set to be tabled on Nov 6. If there is declaration of emergency, whatever law, including the budget, must be tabled before Parliament once Parliament resumes. Budget Bill be postponed until parliament resumes. If budget is not tabled this year, by Jan 1, government and its machinery cannot use the public money. Civil servants will not get paid and new development project cannot take off.
If Parliament is to be prorogued, budget, somehow or rather, has to be passed. There is a possibility that Emergency law (Emergency Ordinance) may be used to approve and pass the budget for next year. Of course, if Emergency is to be declared.
Q: Will there necessarily be a curfew with an Emergency declaration?
A: Not necessarily. A curfew may even be imposed now under the Prevention and Control of Infectious Diseases Act 1988, if deemed necessary.
Q: What other countries have recently prorogued Parliament?
A: Canada: On Aug 18, 2020, Prime Minister Justin Trudeau asked Governor General Julie Payette to prorogue parliament until Sept 23. Trudeau had said he wanted a reset as "the throne speech we delivered eight months ago made no mention of Covid-19.… We need to reset the approach of this government for a recovery to build back better."
United Kingdom: It happens nearly every year for a few days in the autumn to allow political parties to hold their annual conferences. In September 2019, Prime Minister Boris Johnson's decision to advise the Queen to prorogue Parliament for five weeks from Sept 10, 2019 amid the Brexit mess sparked extraordinary political and legal controversy before it was declared unlawful and of no effect by the Supreme Court.
Sources: Federal Constitution, Parliament of Malaysia, NST, Bernama, Legal expert Datuk Dr Gurdial Singh Nijar, International Islamic University Malaysia legal adviser Prof Dr Nik Ahmad Kamal Nik Mahmod, Constitutional expert Assoc Prof Dr Shamrahayu A. Aziz.