The Malaysian Bar has called on the government to move quickly to establish a permanent and independent Law Reform Commission, arguing that proposals for such a body have been discussed for more than a decade without being brought to fruition.
Bar president Anand Raj said the Commission should be created through an Act of Parliament and operate independently of the Prime Minister’s Department, Attorney General’s Chambers and other ministries, with safeguards against political influence.
The call comes after Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said earlier this month that the government was examining the establishment of a permanent Law Reform Commission to review laws and make reform recommendations on a systematic, continuous, independent and evidence-based basis.
Raj said the Malaysian Bar has supported the idea for years, noting that proposals for an independent commission had been raised by successive governments since at least 2011. The Bar has previously advocated a permanent and independent body capable of conducting research, public consultations and making recommendations on legislative reform.
It proposed that the Commission be chaired by an eminent retired judge or a Malaysian Bar nominee, with meaningful representation from civil society as well as experienced parliamentary and legislative draftsmen, legal practitioners and other relevant experts.
The Bar said substantial preparatory work had already been undertaken, including 55 reform proposals submitted to the Institutional Reforms Committee in 2018 and a further 60 submissions on institutional and legal reforms presented to the government in 2023.
Raj said several reform areas covered by those submissions have since been pursued, including the proposed separation of the offices of the Attorney General and Public Prosecutor, freedom of information legislation, an Ombudsman and parliamentary reform, although the Bar maintains that not all government Bills have incorporated its recommendations.
Among the proposed Commission’s early priorities, the Bar wants a review of legislation it has long argued should be repealed or substantially amended, including the Security Offences (Special Measures) Act 2012, Sedition Act 1948, Prevention of Crime Act 1959, Prevention of Terrorism Act 2015, Printing Presses and Publications Act 1984, Dangerous Drugs (Special Preventive Measures) Act 1985 and National Security Council Act 2016.
It also identified stronger whistleblower protection and meaningful freedom of information legislation as areas requiring attention.
The Bar further renewed calls for the government to release the final report of the Institutional Reforms Committee, which was submitted in July 2018 but, according to the Bar, has yet to be made public.
Raj said the establishment of a Law Reform Commission should no longer be repeatedly revisited as a proposal, arguing that a standing body would provide a structured mechanism for reviewing existing laws and developing reforms through expert and public consultation.
