Petronas settlement full disclosure motion dismissed

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Irene Mary Chang Oi Ling (DAP-Bukit Assek).

STATE Legislative Assembly (DUN) Speaker Datuk Amar Mohd Asfia Awang Nassar dismissed a motion by Irene Mary Chang Oi Ling (DAP-Bukit Assek) in the DUN sitting on Tuesday (Nov 10).

Chang’s motion sought the state government to make a full disclosure to the august House on the agreed terms of settlement with Petroliam Nasional Berhad (Petronas).

“On Nov 6, 2018 pursuant to Standing Order 89 read together with Article 24(1) of the State Constitution of Sarawak, a Consultative Committee was formed comprising Honourable Members from various political parties including the Speaker,” said Asfia.

He said the meeting of the Consultative Committee would be chaired by the Speaker.

“On June 10 this year, the Consultative Committee met to discuss a joint statement purportedly signed between the Honourable Member for Samariang and the Assistant Minister of Law on one hand and Tan Sri Ahmad Nizam Salleh of Petronas on the other.”

He said the Consultative Committee unanimously came to the conclusion that the said statement was not signed by Assistant Minister in the Chief Minister’s Department (Law, State-Federal Relationship and Project Monitoring) Datuk Sharifah Hasidah Sayeed Aman Ghazali and that the said statement was not tantamount to a formal agreement.

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“The Consultative Committee has not at the material time received any report from the state government on the matter.”

He cited Standing Order 20(2)(e) as, “Without prejudice to paragraph (1), every question shall not refer to proceedings in a Committee which have not been reported to the Dewan.”

He also cited Erskine May 25 Edition, Page 1065, Paragraph 40.40 – “A report of a select committee may not be made publicly available until it is available to members of the House. By practice, select committees often supply advance copies of their reports to such government departments, witnesses, lobby journalist, and other media representatives as the committee thinks fit. Such copies are supplied under embargo until a specified time and date.”

Therefore, Asfia said the matter discussed in the select committee shall not be referred to in the motion and be deliberated upon and debated until the report was made available to representatives and discussed among the members of the Consultative Committee.

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He emphasised that only then could the matter be made public and deliberated in the DUN.

He then cited Standing Order 32(11) – “If the Speaker is of the opinion that any motion or amendment or the continuance of the debate thereon is calculated to give rise to breaches of this Standing Order, he may disallow the motion or amendment or, as the case may be, may terminate the debate and direct that no further proceedings be taken on the motion or amendment.”

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