LETTER | No need chair during Dewan Rakyat speaker election

LETTER | Article 57(2)(a) of the Federal Constitution states:

(2) The speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office -

(a) when the House first meets after a general election

On Dec 19, 2022, the Dewan Rakyat will be meeting for the first time after the 15th general election (GE15).

Dewan Rakyat Standing Order 2(1) stipulates that the Dewan Rakyat secretary will determine the seating arrangement of MPs while Standing Order 1 provides for the reading, by the secretary, of the proclamation of the Yang di-Pertuan Agong by which the meeting was summoned.

First on the agenda is the election of the speaker.

Issue: Is there a need for a chair presiding during this election of the speaker process?

Malaysia’s Dewan Rakyat Standing Order 4 states:-

4. The procedure for the election of a Yang di-Pertua shall be as follows:

(1) Every member who wishes to propose a person who is either a member of the House or is qualified for election as Yang di-Pertua shall ascertain previously that, that member is willing to serve if elected, and shall notify the secretary of his proposal in writing at least 14 days before the meeting.

- It means an MP A can propose MP B or Mr C (not an MP but who is qualified) as speaker provided MP A has ascertained that MP B or Mr C is willing to serve. This wish to propose must be notified by MP A to the secretary 14 days before Dec 19.

(2) A member addressing himself to the secretary, shall propose some other member or person then present to the House for its Yang di-Pertua, and move “That… (naming the member) do take the chair of this House as Yang di-Pertua”. The proposal shall be seconded, but no debate shall be allowed.

- It means MP A cannot propose himself or herself but only can propose some other person (MP B or Mr C). MP A has to just address (in BM the word ‘berucap’ is used) the secretary with his or her proposal. This proposal shall be seconded by MP D and no debate is allowed. MP A has to say that MP B or Mr C ‘do take the chair of this House as Yang di-Pertua.’

(3) If only one member or person be so proposed and seconded as Yang di-Pertua, he shall be declared by the secretary without question put, to have been elected. If more than one member or person be so proposed and seconded the House shall proceed to elect a Yang di-Pertua by ballot.

- It means if there is only MP B or Mr C proposed and seconded as speaker, the secretary shall declare, without putting any question to the House, MP B or Mr C is elected as the Yang di-Pertua. Which means that MP B or Mr C take the chair of the House as Yang di-Pertua.

- If MP E is also together with MP B proposed and seconded to be speaker, then the balloting process (4) and (5) is carried out.

(4) For the purpose of a ballot, the secretary shall give to each member present a ballot paper on which the member may write the name of the member or person for whom he wishes to vote. Ballot papers shall be folded so that the name written thereon shall not be seen, and shall be signed by the member voting.

(5) Ballot papers shall be collected by the secretary, or by some officer of the House deputed by him, and shall be counted by the secretary, at the Table of the House. The result of the ballot shall be declared by the secretary.

- It means the ballot papers will be given, collected, and counted by the secretary at the Table of the House. The result will be declared by the secretary.

(6)(a) Where more than two candidates have been proposed and at the first ballot, no candidate obtains more votes than the aggregate votes obtained by the other candidates, the candidate who has obtained the smallest number of votes shall be excluded from the election and balloting shall proceed, the candidates obtaining the smallest number of votes at each ballot being excluded until one candidate obtains more votes than the remaining candidate or the aggregate votes of the remaining candidates as the case may be.

(b) Where at any ballot among three or more candidates, two or more obtain an equal number of votes and one of them has to be excluded from the election under clause (a) above, the determination, as between the candidates whose votes are equal, of the candidate to be excluded, shall be by lot which shall be drawn in such manner as the secretary shall decide.

(c) Where at any ballot between two candidates the votes are equal, another ballot shall be held; and if at such subsequent ballot the votes are equal, the determination shall be by lot which shall be drawn in such manner as the secretary shall decide.

- It means if more than three MPs are proposed and seconded as speaker, and the remaining candidates have equal votes, the secretary shall decide how to determine the winner by lot.

A reading of Standing Order 4(1) to 4(6) clearly indicates that the Dewan Rakyat secretary is in charge of the process of electing a fresh speaker when the House first meets.

In the UK, the House of Commons Standing Order 1(1) states:

(1) Whenever it is necessary to proceed forthwith to the choice of a new speaker in consequence of the speaker having ceased for any reason to be a member of this House, the chair shall be taken by that member, present in the House and not being a minister of the Crown, who has served for the longest period continuously as a member of this House.

House of Commons Standing Order 1A(1) states:

1A(1) If at the commencement of a Parliament the member who was speaker at the dissolution of the previous Parliament is returned to the House, the member presiding in accordance with Standing Order No. 1 (Election of the speaker: Member presiding) shall, when the House meets to proceed with the choice of a speaker, ascertain whether the former speaker is willing to be chosen as speaker, and, the former speaker having submitted himself to the House, shall call upon a member to move that he do take the chair of this House as speaker; and the question thereon shall be put forthwith.

In the UK, there is a father of the House (longest serving MP) to preside (chair) when the House meets for the first time after dissolution before the election of a fresh speaker.

In Malaysia, under the Dewan Rakyat standing orders, there is no such father of the House or such practice or convention. Neither is there any mention in the Dewan Rakyat standing orders, as opposed to the UK House of Commons standing orders, of a presiding chair when the House meets for the first time after dissolution before the election of a fresh speaker.

In the UK, the previous speaker before dissolution will be asked by the father of the House if he or she is willing to be chosen. In Malaysia, under the Dewan Rakyat standing orders, there is no such practice or convention.

Instead, Malaysia has Standing Order 4(1) to 4(6) which expressly provides for the secretary to carry out the election of the speaker process without a need for a chair for that process.

This would explain why the Dewan Rakyat standing orders is silent, and does not have a corresponding UK House of Commons Standing Order 1A(1).

To summarise, under the Malaysian Dewan Rakyat standing orders, there is no need for a presiding chair in the process of election of the speaker of the Dewan Rakyat.

In the UK, under the House of Commons standing orders, there is an express provision for a presiding chair in the process of election of the speaker of the House of Commons.

Therefore, on Dec 19, 2022, the Dewan Rakyat secretary can proceed to elect a speaker without the need for a chair for that process.

I humbly stand corrected.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.