KUCHING: The appointment of former Bukit Mas MP Datuk Mutang Tagal as the 20th President of the Dewan Negara by the Yang di-Pertuan Agong on Feb 19 was a historic moment as he became the first leader from the Lun Bawang community to hold this office.
Mutang’s appointment came after Tan Sri Dr Wan Junaidi Tuanku Jaafar stepped down to assume the position of Governor of Sarawak on Jan 26.
The proposal for Mutang’s appointment was put forth by Prime Minister Datuk Seri Anwar Ibrahim during the Special Session of the Second Meeting of the 15th Parliament of the Dewan Negara, with unanimous support from Minister in the Prime Minister’s Department (Law and Institutional Reforms), Datuk Seri Azalina Othman Said.
Mutang took his oath as a senator before the Deputy President of the Dewan Negara, Datuk Nur Jazlan Mohamed.
With a background in law and active involvement in business, he brings a unique perspective to his new role.
Q: Can you share your initial reaction upon learning about your appointment as the 20th President of the Dewan Negara?
I received notification of my appointment from Prime Minister Datuk Seri Anwar Ibrahim through a phone conversation. My immediate reaction was one of astonishment and gratitude – after over three decades, I am being called back to Parliament.
Before this appointment, I served as a Member of Parliament for Bukit Mas since 1982, spanning two terms. Back then, I was just an honourable member actively participating in legislative discussions, motions presented in the Dewan Rakyat.
But this time, I became the President of the Dewan Negara; as the speaker in the upper house (Dewan Negara), not the lower house (Dewan Rakyat). I thought – this role is different. I’m not debating, I’m becoming a referee or a chairman.
Q: How would you define your role as the Speaker of the Dewan Negara, and what approach have you taken in fulfilling this role?
My role as the President revolves around ensuring the smooth, efficient and orderly conduct of proceedings within the chamber, as Dewan Negara is considered the highest debating chamber in the land.
All bills are introduced and discussed within the Dewan Rakyat by the 222 elected members representing constituencies nationwide. Once these bills or motions are approved, they are forwarded to the Dewan Negara for further deliberation.
We have a constitutional membership of 70 senators, where each state appoints two senators, and the rest are appointed by the Yang di-Pertuan Agong, as per the Prime Minister’s recommendation. These senators come from diverse backgrounds. So far, we only have 63 senators, not 70, with nine of us from Sarawak.
Their responsibility involves discussing, scrutinising and balancing the legislation passed by the Dewan Rakyat to ensure comprehensive review and consideration before its enactment.
Q: Could you elaborate on the role and significance of the Dewan Negara within Malaysia’s parliamentary system?
The Dewan Negara, or Senate, holds an important position as the upper house, standing above the Dewan Rakyat. It plays a crucial role as a secondary tier, which provides essential checks and balances within Malaysia’s parliamentary framework.
It acts as a forum where bills approved in the Dewan Rakyat are further scrutinised and deliberated upon. Senators would review every aspect of proposed legislation — from the choice of words to the structure of sentences, punctuation, and overall impact to ensure it best serves the nation’s interests.
Given that all laws are formulated and enacted through parliamentary processes involving both the Dewan Rakyat and Dewan Negara, any legislation endorsed by both chambers is expected to be beneficial to the nation. This includes safeguarding the rights and interests of citizens, as we do not want a law that disregards or violate the people’s fundamental rights.
Q: Some argue that since senators in the Dewan Negara are appointed rather than elected, there is a lack of public interest or awareness regarding its proceedings. What are your thoughts on this perception?
This perception overlooks the critical role and significance of the Dewan Negara in ensuring checks and balances within our legislative process. Without the participation of senators in scrutinising and debating proposed laws, the checks and balances might be slightly lacking.
While it’s true that senators are appointed rather than elected, their special role allows them to freely contribute new ideas or discuss legislation, highlighting why a law is best or needs amendments and review.
Despite some senators being nominated by the ruling party in each state, the inclusion of senators appointed by the King, based on the Prime Minister’s recommendations, ensures a diverse representation from various backgrounds.
Q: Can you shed light on the level of political influence or pressure experienced by senators appointed from political parties? Are they able to maintain impartiality and prioritise national interests over political affiliations?
Appointed senators in the Dewan Negara are not constrained by political pressures. They may feel pressure, but they must understand their responsibility as senators to serve the country, not just their party.
When they are in the Senate, they must think about what is best for the country, for the people, first and foremost. Party considerations come second.
While they do have constituencies to be answerable to, they must find a balance between party interests and national welfare when discussing bills or motions.
That is why I emphasise that when they become senators, they must conduct necessary research before they discuss bills or motions in the Dewan Negara; we don’t want them to discuss something without conducting thorough and in-depth research on the issue at hand.
Q: Recent discussions on social media have highlighted instances of some senators lacking adequate research on topics they discuss. Any insights?
Yes, that’s true. From my experience as the President presiding over Senate sessions, I know that it was the case even during my time in the Lower House. It’s also present in the Senate. Perhaps they don’t have the time to conduct research, but that’s not an excuse for not being adequately prepared.
Q: Looking ahead, how do you plan to transform the Senate? Do you have any forward-looking views on what needs to be implemented in the Senate as it currently acts as a ‘rubber stamp’?
What Wan Junaidi started in the past was the transformation of the Senate in several aspects. We established the Senate Committee to focus on improving legal ethics, social concerns, welfare, and more. We activated this committee to improve ourselves and enhance the quality of debates in the Senate.
Currently, we are advocating for the reinstatement of the Parliamentary Service Act, which was nullified in 1992. When reinstated, this act will grant Parliament more freedom to manage its important affairs.
Additionally, we will continue the transformation and renewal of Parliament, building upon the steps taken by Wan Junaidi. The crucial aspect now is to elevate the quality of debates in the Senate. Quality discussions on legislation and presented issues must be thoroughly screened.
Therefore, senators must ask meaningful questions that reflect the desires of the people so ministers can respond accordingly. The quality of these questions is also vital, not just the debates.
Indeed, as senators, there is no constituency; our constituency is the whole of Malaysia. Even though some senators have affiliations with parties, many senators are not solely from one party.
Q: How do you play a role in the Dewan Negara to safeguard the powers and branches of government and ensure the protection of human rights?
By practicing a parliamentary democracy where we have three branches: the executive, legislative, and judicial branches. Each branch knows its functions and limits so that the powers designated by the Federal Constitution are upheld. When the powers given to the government branches are respected, things run smoothly.
It’s dangerous if one branch becomes more powerful than the others. That’s why there needs to be checks and balances. Malaysia now has a very stable government because of the laws and policies that have been articulated or implemented. The programmes enacted through legislation are good for protecting the people.
If the executive branch exceeds its powers, such as with the Road Traffic Ordinance when it violates traffic rules and thinks it’s unfair, we can take it to court. Let the court decide whether we are wrong or not.
Q: Can matters like these be discussed?
They can be discussed in the Dewan Negara and Dewan Rakyat because we elect our parliament members to voice issues that the people are concerned about. Therefore, even though senators are not elected, every Malaysian can write a letter to a senator.
Every Malaysian has the right to write letters to senators to bring up specific issues in the Dewan Negara.
We don’t want to be just a ‘rubber stamp’; we must review the laws. If the law is good, we’ll ‘rubber stamp’ it; if it’s not, we’ll retract that ‘rubber stamp.’
For instance, the Bill we passed that was amended in the Dewan Rakyat, which originally would have been enforced nationwide but wasn’t suitable for Sabah and Sarawak, we have the autonomy to exclude those amendments for Sabah and Sarawak.
