Failure to appear before PAC amounts to contempt of Parliament, says Zuki

PETALING JAYA: The failure of any serving or former high-ranking civil servants to appear before the Public Accounts Committee (PAC) can be considered contempt of Parliament, says Tan Sri Mohd Zuki Ali.

The Chief Secretary to the Government said the proposal by the PAC chairman for the government to establish a mechanism to ensure that all current or former public officials comply with PAC’s instructions to attend any proceedings to provide testimony, should be taken into consideration.

This included control officers, secretaries-general, or those who were in charge of ministries or departments.

“In line with rule 77(5) of the Dewan Rakyat’s Standing Orders, the PAC indeed has the authority to summon any individual to appear before it or to request that individual to submit any letter, record, or statement to PAC from time to time.

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“Failure of any individual, including any serving or retired government officials, to comply with the PAC’s order may be considered an offence under Section 9 of the Houses of Parliament (Privileges and Powers) Act 1952, for contempt of Parliament,” he said in a statement on Thursday (Aug 17).

On Wednesday (Aug 16), PAC chairman Datuk Mas Ermieyatie Samsudin said that witnesses who refused to attend its proceedings, especially former high-ranking civil servants, will be publicly named.

Mas Ermieyati said their absence would result in a PAC report that was not comprehensive.

Mohd Zuki said all civil servants who were summoned by the PAC must cooperate for the purpose of providing testimony, explanations, or any necessary information for that specific proceeding.

“So, government officials are always required to… cooperate with any parties for this purpose,” he noted.

Mohd Zuki added that in providing testimony at PAC proceedings, any individuals, including serving or retired government officials, are also subject to other existing laws such as the Official Secrets Act 1972, Evidence Act 1950 and the Personal Data Protection Act 2010.

In addition, for government officials who are currently in service, a guideline titled “Providing Testimony to the PAC of the Dewan Rakyat: Guidelines for Public Officials” was passed by Parliament on March 21 this year and covers all the procedures and guidance to give testimony to any Select Committees including the PAC, he said.