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Friday, June 26, 2009

Enforcement Agency Integrity Commission (EAIC) must be independent.

DAP National Deputy Chairman and MP for Kepong Dr Tan Seng Giaw recommends that Enforcement Agency Integrity Commission (EAIC) be truly independent.

On 25.6.2009 Dr Tan took part in the debate in the House on the EAIC bill 2009 that was tabled by the Minister in the Prime Minister's Department Dato' Seri Nasri Aziz.

Five years ago, the Royal Commission on the Police gave 125 recommendations, one of which being IPCMC (Independent Police Complaints and Misconduct Commission). I have repeatedly asked in the House about IPCMC. But, the police is not prepared to accept it as misconduct occurs in other departments, not just the police. Why should the police be singled out?

The Minister has said that the EAIC bill is modelled on a similar law in New South Wales (NSW), Australia, and United Kingdom (UK). He regards that in NSW as effective.

Commission only for the police

The Royal Commission recommends IPCMC, a form of ombudsman. Now, the House is debating EAIC for 21 agencies, not only for the police. Although this is a step in the right direction, I believe that its enforcement will not be effective. If it cannot be effectively enforced in future, the Government must set up IPCMC.

Now there are 100,000 police personnel. The Cabinet has approved 150,000. We need IPCMC.

Australia and UK had multi-agency ombudsman. But, they found it difficult to enforce. Instead, they have set up ombudsman just for the police.

An independent commission

I feel that EAIC should not be under the Prime Minister's Department or the Home Ministry. If so, the image would not be good. For example, the Malaysian Anti-Corruption Commission (MACC) is under the Prime Minister's Department. Many perceive that it is influenced by the Government, leaning to one side.

Well-qualified commissioners

The appointment of all commissioners and their chairman must be based strictly on their qualifications and suitability. There must be adequate staff members at all levels. For instance, MACC has an establishment of over 2,000 personnel. Hitherto, it has filled about 80%. It is not easy to find suitable candidates.

Nasri must announce the number of staff members for EAIC and the venue in which it is situated. The provisions in the MACC Act and that of EAIC should not overlap.

Dr Tan Seng Giaw

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