How can Parliament amend legislation to reduce excessive authority?

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Parliament can amend legislation by examining provisions that create excessive concentrations of authority.

The release of the Royal Commission of Inquiry (RCI) report into Lembaga Tabung Haji has brought to the forefront the need for institutional reform, including legislative amendments. Where existing laws have resulted in an over-centralisation of power, Parliament has the responsibility to review and potentially alter these provisions. This process is crucial for ensuring that no single entity or individual holds unchecked authority, thereby strengthening governance and safeguarding public trust, particularly in institutions managing significant public funds.
Reviewing Legislative Provisions

Parliamentary examination of legislation is a fundamental aspect of the legislative process. When an RCI or other review identifies that specific clauses within an Act have led to an undue concentration of authority, it triggers a need for legislative scrutiny. For instance, provisions that grant excessive discretionary powers to a minister or a board without adequate checks and balances could be subject to amendment. The goal is to recalibrate the distribution of power within the legal framework to prevent potential abuses and ensure accountability.
Strengthening Checks and Balances

Amendments to legislation often focus on introducing or enhancing mechanisms for oversight and accountability. In situations where authority is excessively concentrated, Parliament might consider introducing new requirements for independent audits, strengthening the role of risk committees, or mandating broader consultation processes for significant decisions. The principle is to embed checks and balances within the law itself, ensuring that even well-intentioned leadership operates within a system that limits the potential for error or malfeasance. For example, legislation could be amended to require parliamentary approval for certain high-stakes investment decisions made by government-linked entities.
Enhancing Professional Independence

Legislation can also be amended to bolster the professional independence of institutions and their leadership, thereby reducing opportunities for undue political intervention. This might involve changing the criteria and processes for appointing board members and senior management to prioritise competence and integrity over political affiliation. Furthermore, amendments could clarify the roles and responsibilities of auditors and risk committees, granting them greater authority and protection from political repercussions when raising concerns. Such reforms aim to create institutions that are resilient to political interference and capable of making decisions based on fiduciary responsibility.

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How can Parliament amend legislation to reduce excessive authority?

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