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Thursday debate on a substantive motion to review and overrule the Speaker’s decision yesterday rejecting my  urgent motion of definite public importance on the failed PMC and non-PMC infrastructure projects running into tens of billions of ringgit as the Speaker’s role is to facilitate Parliament to carry out its fundamental duty to effectively hold the Government to account and not to assist the government to avoid or evade parliamentary accountability

 


Media Conference statement
by Lim Kit Siang

(Parliament House, Tuesday): I have today given notice of a substantive motion, which should come up for debate on Thursday, to review and overrule the Speaker’s decision yesterday rejecting my urgent motion of definite public importance on the failed Project Management Consultant (PMC)  and non-PMC infrastructure projects running into tens of billions of ringgit as the Speaker’s role is to facilitate Parliament to carry out its fundamental duty to effectively hold the Government to account and not to assist the government to avoid or evade parliamentary accountability. 

The reasons given by the Speaker, Tan Sri Ramli Ngah for rejecting my motion, that there is no urgency to discuss the long list of failed PMC and non-PMC infrastructure projects on the ground that appropriate actions have been taken by the relevant authorities have not only exposed the  Speaker but also the institution of Parliament and all Members of Parliament, both government and opposition,  to public ridicule and contempt for showing utter lack of sensitivity and responsibility about Parliament’s proper role in ensuring a working  system of accountability, transparency and good governance in Malaysia. 

In his interview with the Mingguan Malaysia on November 14, 2004, Works Minister Datuk Seri S. Samy Vellu revealed that the price of a classroom offered through PMC was set at RM95,000 and there were occasions it breached RM120,000 per classroom, when Public Works Department tender price for each classroom was RM55,000.  In actual fact, I have been told that the private sector can build a classroom at even half the PWD price, ranging from RM25,000 to RM35,000 per classroom.   

This is a most scandalous situation, and so long as  Parliament is unable to address the long list of failed PMC and non-PMC government infrastructure projects since the reconvening of the budget meeting on  November 22, Parliament is exposing itself as being  utterly irresponsible, irrelevant and impotent. 

The first step to re-establish Parliament’s relevance and  responsibility and regain public respect  is to have a full debate on the failed  PMC and non-PMC projects by reviewing and overruling the Speaker’s decision rejecting my urgent motion on the issue yesterday. 

My substantive motion reads: 

 “TAKING NOTE that on 29th November 2004, Ketua Pembangkang YB Lim Kit Siang under S.O. 18 sought  to adjourn the House to discuss a definite matter of  urgent public importance –  government accountability to Parliament on  the failed Project Management Consultants (PMC) and non-PMC infrastructure development projects under the Eighth Malaysia Plan since 2000, affecting projects like MATRADE Building, highways, schools, hospitals, etc – after giving  the requisite notice on 26th November 2004, with the following supporting reasons:

  • At stake are not only the principles of accountability, transparency and good governance and the pledge of the Prime Minister to lead a clean, incorruptible, efficient and trustworthy government, but the credibility of Parliament to transform itself into a First-World Parliament capable of effectively holding the government to account through scrutiny and to ensure that the voice of Malaysians can be heard in the highest deliberative chamber of the land.
  • Parliament had met for a week but had disappointed Malaysians for it had signally failed to address the most burning issue in the country - the long list of PMC and non-PMC government infrastructure development projects which run into tens of billions of ringgit, symbolic of gross  absence of Ministerial and government responsibility in the stewardship of public projects and expenditures. 
  • Efforts in the past week, whether requests for White Paper or ministerial statement,  question without notice or priority to debate private member motion on the subject had failed to bring the issue to the centre of parliamentary attention.
  • PMC internationally represents a new profession to ensure that development  projects are completed faster, within budget and of high quality but in Malaysia it appears to have  become a byword for a new scam, a new form of cheating public funds,  with projects ending up with higher cost, taking longer time and with inferior quality.
  • Parliament must live up to its paramount duty to stop such scandals and malpractices.

FURTHER TAKING NOTE that the Speaker, YB Tan Sri Ramli bin Ngah Talib had rejected the motion in chambers, stating that while the matter was definite and of public importance, it was not urgent for the following reasons: 

  • ‘Perkara yang dikemukakan oleh Yang Berhormat itu memanglah satu perkara yang tertentu dan adalah kepentingan orang ramai. Walau bagaimana pun saya difahamkan bahawa pihak Kementerian Kewangan telah  mengambil tindakah sewajarnya yang mana melalui Surat Pekeliling Perbendaharaan (SPP) Bil. 2 Tahun 2004, semua projek Kerajaan telah diambil selia oleh Agensi Teknikal Kerajaan dan bagi projek-projek yang masih berjalan yang diselia oleh PMC, Kementerian Kewangan telah meminta agensi pelaksana untuk membuat penyeliaan yang lebih ketat agar projek tersebut dapat disiapkan mengikut jadual. Tindakan akan diambil keatas PMC yang bermasalah berlandasan syarat-syarat kontrak.’
  • ‘Yang demikian tiada ada apa-apa masalah yang hendak dibincangkan dalam usul Yang Berhormat kerana semua yang dinyatakan oleh Yang Berhormat telah diambil tindakan oleh pihak Kerajaan. Oleh itu perkara ini tidak perlu disegerakan.’

FURTHER TAKING NOTE that the Speaker had rejected the motion under S.O. (7) and (8) which did not allow the motion to be read in the House; 

RESOLVES TO REVIEW THE  decision of the Speaker yesterday rejecting the S.O. 18 on two grounds: 

  • Firstly, that the two reasons stated in support for the decision that  there is no urgency to address the long list of failed government infrastructure projects, both PMC and non-PMC, running into tens of billions of ringgit, are completely unsatisfactory and unacceptable, reflecting very low standards for  government accountability and very lax rules for government stewardship of public funds, as as they are nothing but ‘red herrings’ and very weak excuses  to fob off the parliamentary function to effectively hold the government to account; and in any event, it is for the Ministers concerned, whether the Finance Minister or Works Minister, to come to Parliament to give these ridiculous excuses to ascertain whether they pass muster of Parliamentary scrutiny – and not for the Speaker to act as the spokesman of the Minister concerned to say things which the Speaker has no personal knowledge whatsoever as to their truth or otherwise; and
  • Secondly, the Speaker was wrong in invoking S.O. 18(8)  refusing the motion to be read in the House as the all  three conditions where S.O. 18(7) could be invoked to justify such a ruling do not apply, viz:

(a)   the mover intends only to take opportunity to address the House; or

(b)   the matter has been discussed in the current session and clarification given by the government on the said matter; or

(c)   any motion contravenes any of the provisions of the Standing Orders of the House.

RESOLVES that the Speaker’s decision in rejecting the S.O.18 motion on both grounds are not valid and sustainable, and that the Ketua Pembangkang should be allowed under S.O. 18 to adjourn the House to discuss a definite matter of urgent public importance, viz: government accountability to Parliament on  the failed Project Management Consultants (PMC) and non-PMC infrastructure development projects under the Eighth Malaysia Plan since 2000, affecting projects like MATRADE Building, highways, schools, hospitals, etc. as it complies with all the three requisite conditions of being (i) a definite matter, (ii) of public importance and (iii) urgent.”

(30/11/2004)


* Lim Kit Siang, Parliamentary Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic Planning Commission Chairman