Talks on devolution of power, return of MA63 rights progressing well, patience needed
Masing (centre) is greeted by Kedup assemblyman Martin Ben (right) and Telang Usan assemblyman Dennis Ngau upon their arrival at the State Legislative Assembly (DUN) Complex. Yesterday was the second day of the DUN sitting.
KUCHING: Sarawakians have been assured that their trust in the state government to safeguard the state’s autonomy and the constitutional protection of the state’s special rights and interests has not been misplaced.
This assurance was given by Deputy Chief Minister Tan Sri Datuk Amar Dr James Jemut Masing during the State Legislative Assembly sitting yesterday.
He pointed out that with the Prime Minister Datuk Seri Najib Tun Razak’s statement that his ‘door’ remains open for discussion on Sarawakians’ concerns over the ‘erosion’ of the state’s rights due to misinterpretation of the Malaysia Agreement, the state government would continue to actively and constructively engage with the federal authorities in this process in order to achieve an outcome which would strengthen national unity through respect and adherence to the fundamental principles upon which this nation was founded.
“This is a process which the Chief Minister has already reminded Sarawakians that it would be long and tedious. We should be mindful of the saying that ‘Rome was not built in a day’.
“But I categorically assure this august House and the people of this state whose support brought us here, that the government’s commitment to ‘reclaim’ the rights of the state remains firm and resolute. The government will report back to this august House from time to time on the progress made and to seek honourable members’ support in passing or amending legislations that would be needed to implement and advance what has been achieved in discussions with the federal authorities.
“The state government will do our utmost to satisfy the aspirations of the people that Sarawak shall enjoy the autonomy guaranteed by the Federal Constitution and have its rightful status in the Federation of Malaysia.”
On behalf of the august House, Masing said he would like to place on record their deep appreciation to Najib for his willingness to discuss issues relating to the Malaysia Agreement and the Federal Constitution with the state and for his assurance that he would defend the state’s constitutional rights, adding that it was due to his support and understanding that the current discussions had made good progress.
“To achieve the fundamental aims of the devolution of powers process, our people from all communal and religious backgrounds and holding differing beliefs must remain united. The process should not be over politicised and extensively canvassed in the media. This is a process that must be conducted constructively, in the spirit of goodwill, with diplomacy and mutual respect between state and federal representatives and leaders.”
Masing said he noted the public statements from Ba Kelalan assemblyman Baru Bian that the opposition be included in talks with the federal government.
“The talks or discussions with the federal authorities are conducted pursuant to a resolution passed unanimously by this august House on a motion introduced by me on Dec 8, 2015. The honourable member (Baru) was present on that day and he supported the motion to mandate the state government to carry out the talks with the federal government. The motion did not mandate any person not in the state government to participate in the deliberations with the federal government. He should not, therefore, ask for the opposition to be included in the talks at this point in time.”
Masing also noted several motions on state autonomy issues submitted by opposition members of the august House that raised issues which had already been dealt with comprehensively in his motion passed unanimously by the august House on Dec 8, 2015.
“The state government in its wisdom has decided after the latest assurance given by the Prime Minister that he would defend state rights and he remains open to continuing discussions, there is no need to introduce another motion in this august House. Likewise, before completing this ministerial statement, I would strongly advise the opposition not to proceed with their motions.”
Earlier in his address Masing said substantial progress has been made in the negotiations between the state and federal governments on Sarawak’s autonomy and devolution of power as the first phase has already yielded positive results.
Among the issues that are being resolved were the recruitment of more locals in federal departments and schools, Petronas operations in the state and empowerment of the state’s legal officers by the federal attorney-general to prosecute offences against state laws.
Other issues under discussion are the implementation of rural development projects such as rural electrification by state agencies like Sarawak Energy Bhd and management of funds allocated by the federal government for the Pan Borneo Highway project and its implementation, he added.
“The second phase, which covers issues relating to special grants and other revenues assigned by the Tenth Schedule in the Federal Constitution to the state, oil and gas, legislations, education and training, subsidiary labour legislations to meet the peculiar labour markets and conditions in Sarawa, is ongoing and under active deliberation by a technical committee chaired by the federal attorney-general with representatives from the Sarawak and Sabah governments amongst its members,” Masing said under Standing Order 11(1)(i) which was read together with Standing Order 22 in his statement which touched on the government.
Masing, who is also the Infrastructure Development and Transportation Minister pointed out that the tabling of the Distribution of Gas Bill, 2016 in the current sitting of the august House was a clear manifestation of the progress that had been achieved.
“We should now await the report of this technical committee on the priority subjects relating to financial and oil and gas issues.”
This Bill also is an affirmation of the chief minister’s statement on Malaysia Day this year in Bintulu that ‘we cannot be satisfied by being just spectators. We want to participate actively and meaningfully in the oil and gas industry in our state’.
“This new law, when passed, will enable the state government to regulate the gas distribution industry and network in the state so that more Sarawakians and Sarawak companies can have the opportunities to participate in all segments of the gas distribution business including supply of gas to our industries, hospitals, commercial establishments and households.
“We are entitled to do so because, as recommended by the Inter-Governmental Committee (IGC), the powers to legislate, and hence, to regulate the distribution of gas in Sarawak, belong to this august House. The Borneo State Legislative Power Order made by the Yang Di-Pertuan Agong on Dec 4, 1963 under Article 95C of the Federal Constitution, has enlarged the legislative authorities of the state to include ‘Electricity and Distribution of Gas’.
The deputy chief minister said parliament had acknowledged that it is the state that has the legislative power over supply of gas in Sarawak and that in June Parliament, after representation from the state, in amending the Federal Gas Supply Act, 1993 inserted a new provision therein stating that the Act will not be extended to Sarawak without the consent of the Yang Di-Pertua Negeri.