NSC Bill may be unconstitutional, says Umno senator

An Umno senator today expressed concern the National Security Council Bill 2015 (NSC Bill) may be unconstitutional and contravene others laws in terms of extensive power given to the director appointed to a security area.

"I (propose) Section 21(2) of NSC Bill be amended, so it would not contravene the Federal Constitution," said Malaysian Senators Council (MSM) president Abdul Rahim Abdul Rahman.

Debating the NSC Bill at the policy stage in the Dewan Negara, Abdul Rahim questioned the extensive and absolute power that the Section grants to the appointed security zone director.

The section gives wide ranging powers to the director to command security forces, direct government departments and to do all that is necessary in order to perform his duties.

He was also concerned that the Bill grants protection to authorities from legal proceeding and judicial review.

"I propose (amend the bill so that) reasonable protection is given to the rakyat in line with the constitution," he said.

Abdul Rahim also questioned the power granted to the security forces to relocate people, as well as acquire land and properties, which might contravene Article 9 and 13 of the constitution which protects the freedom of movement and rights to property respectively.

He also queried the Bill's empowerment of the director to determine the cost of compensation after a property is acquired or damaged in a security operation.

This, he said, contravenes both the Federal Constitution and Land Acquisition Act, which stipulated appropriate compensation must be done accordingly.

"I propose a fair compensation mechanism in accordance with the value (of properties)," he said.

Called a rubber stamp

Abdul Rahim suggested that the bill be discussed in a committee formed under the Standing Order so that the Senate House would not be called a rubber stamp.

"Be it Dewan Rakyat or Dewan Negara, the Standing Order allows a committee to be set up to discuss any conflict and gain a majority agreement," he said.

He reminded the House that the role of the Senate House is to debate and discuss in detail and propose improvement to bills.

"If (we) do not talk and improve the controversial phrase, then the Senate House will continue be labelled as rubber stamp by the Dewan Rakyat, the government and the rakyat," he stressed.

However, he agreed that in principle the bill is needed to safeguard the nation's security.