KUALA LUMPUR – The government may amend the Official Secrets Act (OSA) 1972 in order to provide whistle-blowers with more protection, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
The OSA should also be amended before the government can table a Freedom of Information (FoI) Act, Bernama reported her saying in the Dewan Rakyat today.
As such, she said the tabling of the latter cannot be rushed.
“As for the Freedom of Information Act, amendments are necessary, but if it cannot be presented this year, God-willing, it will be presented next year.
“The Freedom of Information Act is very important because it needs to be looked into together with the Official Secrets Act, so it requires a balancing act.
“The Official Secrets Act may be amended to ensure that the Whistle-blower Act has a broader scope,” she said.
A repeal of the OSA has long been called for by civil society groups and activists.
Amending the OSA and introducing an FoI Act will help ensure improvements to the quality of the civil service’s performance, and give the public access to verified government information “more openly and transparently”, Azalina also said in the text of her winding-up speech.
“This will indirectly help the public to be more involved and proactive in policy-making for the country,” she said, adding that the government has held 23 stakeholder sessions among relevant agencies, civil society organisations including the Centre of Independent Journalism, academics and foreign experts.
Azalina today also said that the government expects to complete studies on the proposed Public Defender’s Act by the end of the year.
The proposed law is meant to provide free legal aid to the less privileged involved in criminal cases.
Currently, the committee formed to oversee the proposed act is conducting a comparative study of the legal framework for public defence in selected countries such as Singapore, Australia, New Zealand, Taiwan and the United Kingdom, Azalina told MPs when winding up the debate on Budget 2024 at the policy level for her ministry.
“It takes into account the main input based on the legal framework and best practices in foreign countries related to public defence, the implications for holistic legal aid services, and the impact on existing laws in Malaysia, especially the Legal Aid Act 1971 and the Legal Profession Act 1976.
“This study is expected to formulate a new government approach and policy.”
The proposed Public Defender’s Act was announced by Prime Minister Datuk Seri Anwar Ibrahim in February when he presented the revised Budget 2023.
Related to this, Azalina said the mobile court initiative for civil cases will be expanded to help the public obtain court services, making access to justice available to all. – October 30, 2023