Kapar MP citing ‘rules’ to skip sand scandal inquiry

 S. Manikavasagam is citing Commonwealth parliamentary practices to skip this week's public inquiry into alleged graft in the Selangor sand-mining industry that has rocked the Pakatan Rakyat government.
The first-term Kapar MP has flipped-flopped several times over whether he would go before a Selangor watchdog which is probing allegations he raised against state sand-mining concession holder Kumpulan Semesta Sdn Bhd (KSSB).


Lawyers representing him have claimed it was against Commonwealth parliamentary practice for a sitting MP to be “summoned” before the Select Committee for Competency, Accountability and Transparency (Selcat), which will hold the three-day inquiry starting on Wednesday."The secretary of the state assembly should not have issued a summons to Manikavasagam,” his lawyer N. Surendran told The Malaysian Insider.
He said they were not disputing the merits of Selcat, which has proven to be an effective check and balance on Selangor's administration.
“But to compel an MP to go before a state's select committee would open the flood gates.
"If Selcat proceeds in summoning an MP, there is nothing to stop Parliament from hauling up a state assemblyman," Surendran said.It is understood that Commonwealth countries do not allow it as it would mean interference between federal and state legislatures.

The lawyer said Selangor Speaker and Selcat chairman Teng Chang Khim may have overlooked this fact.
Ironically, Surendran quoted from Erskin May’s Parliamentary Practices which Teng previously described as the “bible” for parliamentary procedures.A lawyer, Teng often refers to Erskin May to explain his decisions as Speaker and Selcat chairman.Surendran pointed out that in Australia, Rule 178 of the Standing Orders of the Senate makes it a requirement for permission of the House of Representatives to be obtained before its members are allowed to appear before the Senate.While in the UK it’s an “established principle” that members of the House of Commons cannot be compelled to go before the House of Lords, he said.
Surendran disclosed he has written to Selcat to cancel the summons issued to Manikavasagam.Instead, he said, Selcat should either write to the Dewan Rakyat for permission for the MP to attend the inquiry or just seek to change the summons to an “invitation”.Surendran had also called on Selcat to review its decision to reduce the status of lawyers representing client in the public inquiry to “mere observers”.
This too was against Commonwealth parliamentary practices and against Selangor’s Constitution, he said.
The Malaysian Insider today failed to get a response from Teng.Manikavasagam has ruffled more than a few feathers over his graft claims against officials of the company which has come under fire for its merger profits and for not being able to control widespread illegal sand mining.
The outspoken PKR MP's claims spurred Selcat to hold the public inquiry.

Source : http://www.themalaysianinsider.com/