Wednesday, April 15, 2015

Sedition Act amendment - how many in favour how many against? Transparency?

Was there a vote taken when the Sedition Act was amended? If an MP do not call for it, and 15 others support the call - we will not get a vote -- which will tell us exactly how many voted in favour, and how many voted against? When POTA was being voted on, we had the actual number of votes - and that revealed that 26 PR MPs were absent .... Would PR take the position not to anymore call for such voting ...or will they take the position to always insist that individual votes be taken into account... I did not see the votes for the Sedition Act amendment ( haven't had a chance to see the Hansard yet...?]

When do our Members of Parliament actually vote and we get the results - how many voted in favour, and how many opposed... for this we need to look at the Standing Orders of the Dewan Rakyat of Malaysia (in Malay they call it Peraturan Mesyuarat....), in particular Order 46(3), (4) until the end of Order 47 - all of  which I have tried to copy below (if not sure, just go the Parliamentary websiite and verify...)

Well, the power to get actual votes on any matter - the power lies with our Members of Parliament - all that is required is for at least 15 MPs to ask for it >>> and we will get actual results - how many in favour and how many opposed.

Although, each individual MP when he has to vote - can vote YES, No or abstain [ Order 47(2)] BUT strangely when the results are announced, the number of persons abstaining is not mentioned{see 47(3)] - In my opinion, there should an announcement of the total number of peoseons voting, the number of Ayes(Yes), Nay(No, Number of Abstention....

Since  the Tellers shall ask each member separately how he desires to vote, and the Setiausaha shall enter on the Votes and Proceedings a record of each member’s vote and of the members who abstained from voting (47(1)), this record of the votes of each and every member should be part of the Hansard, or shall at least be disclosed publicly....

When POTA came up for voting, our Opposition MPs present did the needful to make sure each and every member voted, and that we will get the final result many for and how many against...

And this is how, we came to know that there were 26 absent Pakatan Rakyat MPs when it came to the time the votes were cast.... and Malaysians demanded answers - but somehow I do not recall what were the numbers that voted for and against the Sedition Act amendments....Did PR direct its MPs to no more call for a 'vote' in reliance of Order 46(4)? And if there was no such call, I will have to say that I am totally disappointed with our Opposition MPs... 

Why did they do this? To hide from Malaysian the fact about numbers of MPs absent from Parliament when votes are being cast....Anyway, I am yet to see the Hansard for the day the Sedition Act amendments were voted on...Malaysiakini report tells us that some Opposition MNPs were still absent - BUT what was the vote - how many in favour, and how many Opposed..

Taking of Individual MP votes is a good thing - MPs will have to actively cast a vote - YES, NO or ABSTAIN. And there will a record of the votes... 


46. (1) No member may speak to any question after the same has been fully put from the Chair.

(2) A question is fully put, when the Chair has collected the voices both of the Ayes and of the Noes.

(3) When the question has been put by the Chair at the conclusion of the debate the votes shall be taken by voices Ayes  and Noes and (provided that no member then claims a division) the result shall be declared by the Chair.

(4) If the opinion of the Chair as to the decision of a question is challenged by any member calling for a division, the Chair shall call upon members desiring a division to rise in their places. If less than fifteen members so rise, the Chair shall either declare the result forthwith or order a division. If fifteen or more members so rise, the Chair shall order a division, and shall, after such warning as he may consider necessary, appoint Tellers.

(5) In proceedings relating to amendments to the Constitution or in respect of delimitation of constituencies or in all other cases where the specified amount of votes are required, the Chair shall order a division.

47. (1) When a division has been ordered, the Tellers shall ask each member separately how he desires to vote, and the Setiausaha shall enter on the Votes and Proceedings a record of each member’s vote and of the members who abstained from voting.

(2) When a member is asked how he desires to vote at a division, he may answer either by voting for the Ayes or for the Noes, or by expressly stating that he abstains from voting. A member shall not answer in a manner inconsistent with any opinion which he may have expressed when the voices were taken collectively.

(3) When every member present has been asked how he desires to vote, the Chair shall state the numbers voting for the Ayes and for the Noes respectively and shall then declare the result of the division, or give his casting vote, as the case may require.

(4) If a member states that he voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, provided that such request is made as soon as the Chair has announced the numbers and before the Chair has declared the result of the division.

(5) A member shall not vote on any subject in which he has a direct personal pecuniary interest (other than the matter of remuneration under any provision of the Constitution), but a motion to disallow a member’s vote on this ground may only be made immediately after the numbers of the members voting on the question have been declared. If a motion for disallowance of a member’s vote is agreed to, the Chair shall direct the Setiausaha to correct the numbers voting in the division accordingly.

Below is an extract from the Hansard, just to show how MP Manivannan a/l Gowindasamy [Kapar] moved for a Vote accoding to Order 46(4) - and how more that 15 MPs stood up in support ---

Timbalan Yang di-Pertua [Datuk Haji Ismail bin Haji Mohamed Said]:  Masalahnya ialah bahawa rang undang-undang ini dibacakan kali yang ketiga dan diluluskan sekarang.   

Tuan Manivannan a/l Gowindasamy [Kapar]:  Belah bahagi, Tuan Yang di-Pertua. [Lebih 15 orang Ahli berdiri minta diadakan belah bahagian] 

Timbalan Yang di-Pertua [Datuk Haji Ismail bin Haji Mohamed Said]: Ahli-ahli Yang Berhormat, oleh kerana lebih daripada 15 orang bangun meminta diadakan belah bahagian, maka mengikut Peraturan Mesyuarat 46(4), saya memerintahkan supaya suatu belah bahagian diadakan sekarang.

Setiausaha, sila bunyikan loceng selama dua minit.

■0220  [Loceng dibunyikan]  

Timbalan Yang di-Pertua [Dato' Haji Ismail bin Haji Mohamed Said]: Ahli-ahli Yang Berhormat yang menjadi penghitung undi sila ambil tempat masing-masing di hadapan blok Yang Berhormat.  Undian dijalankan sekarang.   [Dewan berbelah bahagi]  [Pengundian dijalankan] 

Timbalan Yang di-Pertua [Dato' Haji Ismail bin Haji Mohamed Said]: Ahli-ahli Yang Berhormat, inilah keputusannya.  Ahli-ahli yang bersetuju 79 undi ... [Tepuk] Ahli-ahli yang tidak bersetuju 60 undi ... [Tepuk] [Rang undang-undang dilaporkan dengan tiada pindaan, dibacakan kali yang ketiga dan diluluskan]

Related Earlier Posts:-

Having to perform surgery certainly not a good excuse for absent MP? Be a full-time MP or quit?

The 26 absent MPs need apologize not try to justify absence during voting on POTA?

26 Pakatan MPs who were absent when POTA was passed in Parliament should resign?


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