KUALA LUMPUR – Opposition whip Datuk Seri Takiyuddin Hassan (Kota Bharu-PN) has claimed the government, particularly the Home Ministry, has yet to explain why the proposed constitutional amendments affecting foundlings and stateless children were removed from the bill.
The lack of explanation of the bill, which was tabled for its first reading in Parliament today, also cast doubt on whether the government had abided by the procedures outlined under Article 159(5) of the Federal Constitution, which stipulates that the Conference of Rulers must consent to any proposed constitutional changes, he added.
“(Previously), we sat in on a lengthy briefing delivered by the ministry and its relevant agencies on the proposed amendments, but some of the major and pivotal things we were told did not make it into the bill,” the former law minister told a press conference in Parliament today.
“With due respect to the minister (Datuk Seri Saifuddin Nasution Ismail), he said the latest proposed amendments stated in the bill have been presented to the Yang di-Pertuan Agong by the prime minister during their recent audience prior to the cabinet meeting.
“However, Article 159(5) of the Federal Constitution expressly states that the Conference of Rulers must consent to the suggested amendments. Has the government fulfilled this requirement?”
As such, Takiyuddin, who is also PAS secretary-general, urged for the bill to be referred to a parliamentary special select committee (PSSC), saying: “It’s normal in Parliament that when a bill receives resistance from opposition and even government MPs, it will be referred to the PSSC.
“It was suggested by the opposition leader (Datuk Seri Hamzah Zainudin) to (Saifuddin) a while ago… why don’t you (minister) hold on and give ample time to everyone, including stakeholders and non-governmental organisations, to come up with their proposals and suggestions?”
He also labelled the exclusion of the amendments against granting automatic citizenship to foundlings as an “unacceptable” issue that “should not have happened” and accused the government of “shifting the goalpost”.
He added that when opposition lawmakers met with Saifuddin after the tabling of the bill, the minister had given explanations that the opposition “could not accept as justifiable” and that the opposition should have been informed beforehand of the removal of the proposed amendments.
“The government of the day came up with the proposed amendments to Article 15A(ii) to initiate no more automatic citizenships, (as) the process will instead have to go through registration measures.
“Why is it being changed suddenly? We can agree with the (previously established) proposed amendments, but maybe not with this revised version, due to many factors. We will debate the issues in Dewan, not here.”
Takiyuddin also alleged that Saifuddin had received pressure from “certain quarters within the government”, saying: “Before (Saifuddin) held the briefing with us, he definitely received the green-light from the cabinet. Why has he now changed the proposed amendments?”
“It could be pressure from the cabinet or certain quarters in the cabinet. We don’t want to mention any names, (but) we presume that the minister received pressure either from the government or the cabinet.”
In the bill that was tabled by Saifuddin today, the government removed amendments that would have impacted foundlings in the country, as its initially suggested amendments sought to amend citizenship by “operation of law” to citizenship by “registration”.
This comes after Saifuddin announced on March 22 that the cabinet has decided to drop the proposed amendment after considering the views of various parties on removing safeguards for citizenship granted to foundlings and stateless children. – March 25, 2024