PUTRAJAYA: The proposed Ombudsman Malaysia should have jurisdiction over all government agencies, including enforcement bodies, to ensure its effectiveness in tackling maladministration and curbing leakages.

 

INGULAR OVERSIGHT BODY

Enforcement Agency Integrity Commission (EAIC) chairman Tan Sri Dr Ismail Bakar said all agencies with similar functions, including EAIC, should either be disbanded to make way for a single body or merged under the ombudsman umbrella.

While Ismail agreed that the agency should be placed under Parliament to guarantee its independence, he said it should also be given enforcement authority.

"Ombudsman Malaysia should act as a single body to receive and manage public complaints, as well as accorded the power to investigate the agencies involved.

"To make it an effective oversight body, it should be given more bite, otherwise it will become a toothless organisation that does not bring the desired impact as hoped by the public."

 

He added that the existing laws needed to be streamlined with the establishment of the ombudsman.

He agreed with the Centre to Combat Corruption and Cronyism, which had highlighted similar roles and functions of the commission and the Public Complaints Bureau, resulting in redundancy.

There are currently 20 government agencies under EAIC supervision. Enforcement bodies not under EAIC purview include the Malaysian Anti-Corruption Commission (MACC) and police, the latter of which is monitored by the Independent Police Conduct Commission (IPCC).

The IPCC only deals with public grouses against the force and its personnel.

The PCB, meanwhile, oversees complaints and feedback on civil service, except those involving MACC, Public Accounts Committee and Legal Aid Department, as well as matters related to government policies, civil claims against individuals and companies and personal problems.

Ultimately, the oversight bodies are aimed at improving public service delivery.

 

MITIGATING LOSSES

Ismail, who is the former chief secretary to the government, said the ombudsman would play a vital role in curbing misconduct and leakages that had cost Malaysia billions of ringgit.

He said the people end up paying for losses due to the corruption.

He said ratepayers would have to deal with more taxes as one of the ways for the government to make up for loss in national revenue due to these leakages.

"Some say corruption cases do not concern them as they didn't lose any money in their bank accounts.

"What they don't realise is that the people will end up paying extra taxes if the country continues to suffer leakages.

"Imagine if one agency loses RM2 billion due to leakages, how much are we looking at if several others are involved in corruption as well?"

He said EAIC was willing to become the lead agency in the setting up of Ombudsman Malaysia, and believed that it should not follow the traditional concept adopted in other countries.

He suggested that the scope of public complaints channelled to the ombudsman covered not just maladministration, but also components in the EAIC Act 2009 since the commission would be rendered obsolete after Ombudsman Malaysia is established.

The Prime Minister's Department's Legal Affairs Division (BHEUU) recently said the government, through the Law and Institutional Reforms Agenda Implementation Committee, held its first meeting on April 29 and would engage stakeholders at the state and federal levels within the next three months.

The committee, through the engagement sessions, seeks to refine details about the scope, structure and functions of Ombudsman Malaysia, as well as a proposed centralised agency for whistleblower protection, before the proposals are submitted to the cabinet.

The government aims to table the Ombudsman bill in the Dewan Rakyat this year.

 

IMPROVEMENT EFFORTS

Meanwhile, the PCB, in response to an inquiry by the New Straits Times, said the draft bill, which is now with BHEUU, had been prepared by the PCB and submitted to the Attorney-General's Chambers through the National Centre for Governance, Integrity and Anti-Corruption on Jan 1 last year.

It was sent back to allow for improvements to be made based on feedback gathered from the engagement session.

It said the bill, among others, covered the structure, functions and powers of Ombudsman Malaysia.

It said engagement sessions on the bill were last held with the non-governmental organisations on May 8, and members of parliament on June 14 last year.

"Several matters need to be studied, especially those related to functions and roles of Ombudsman Malaysia that have similarities and redundancy with existing agencies such as EAIC.

"Currently, the roles of the ombudsman are being carried out by PCB, which could be enhanced."

Chief Secretary to the Government Tan Sri Mohd Zuki Ali in October last year said substantive complaints, which had merit and reasonable grounds, should be used to improve any weaknesses in procedures, customer charters, organisational management and the service delivery system.