Party whip (Malaysia)
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In the Parliament of Malaysia, the political parties appoint party whips to ensure party discipline, help manage legislative business and carry out a variety of other functions on behalf of the party leadership. The most important function of a government party
whip A whip is a tool or weapon designed to strike humans or other animals to exert control through pain compliance or fear of pain. They can also be used without inflicting pain, for audiovisual cues, such as in equestrianism. They are generally e ...
is to ensure that sufficient number of members and senators are present to take part in voting in the chamber, to maintain a parliamentary quorum and to prevent
censure motion A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spi ...
s succeeding. Their roles in the chamber include taking divisions, and arranging pairs which affect the ability of members and senators to leave parliament during sittings, as well as the entitlement to be absent during divisions. In practice, Malaysian whips play a lesser role than their counterparts in the United Kingdom, as party discipline in Malaysia is heavily controlled; parliamentary votes are fully in tandem with the official positions of the various political parties. The role of the whip becomes more critical the lower the majority the government has in the
lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
of Parliament (
Dewan Rakyat The Dewan Rakyat (English: 'House of Representatives'; ) is the lower house of the bicameral Parliament, the federal legislature of Malaysia. The chamber and its powers are established by Article 44 of the Constitution of Malaysia. The Dewan Ra ...
). Party whips also exist in the thirteen
state legislative assemblies of Malaysia A state legislative assembly ( ms, Dewan Undangan Negeri, DUN; also known simply as state assembly) is the legislative branch of the state governments in each of the 13 Malaysian states. Members of a state legislative assembly comprises elected r ...
.


Duties

Whips are essential to the day-to-day running of the house. They assist the party business managers arrange the order of business on the floor. They also draw up lists of speakers in debates, which (though not binding) assist the occupant of the chair in deciding whom to call on. The whips play the primary role in managing business in the parallel debating chamber. The Government Chief Whip has the same power as ministers and deputy ministers to move business motions. This right was extended with the creation of the parallel chamber (then called the Main Committee) to facilitate movement of business between it and the floor of the House of Representatives. The right can also be exercised by another whip acting on the Chief Whip's behalf. Whips also play a central role in voting. During each vote (or "division"), whips ensure that their fellow party members are present and seated on the correct side of the house while votes are counted. Acting as tellers, the whips also count the votes. In a typical vote in the House of Representatives, where the Government and Opposition are on opposite sides, each will provide two tellers. One Government whip and one Opposition whip will count the votes in favour of the motion, and the other two will count the votes against. In the Senate, each side provides one whip.


History

Derived from the
Chief Whip The Chief Whip is a political leader whose task is to enforce the whipping system, which aims to ensure that legislators who are members of a political party attend and vote on legislation as the party leadership prescribes. United Kingdom ...
of the British Parliament, the concept of the
whip A whip is a tool or weapon designed to strike humans or other animals to exert control through pain compliance or fear of pain. They can also be used without inflicting pain, for audiovisual cues, such as in equestrianism. They are generally e ...
– which also refers to the instructions issued by the Chief Whip – has been in force since 1955 when a national legislature for
Malaya Malaya refers to a number of historical and current political entities related to what is currently Peninsular Malaysia in Southeast Asia: Political entities * British Malaya (1826–1957), a loose collection of the British colony of the Straits ...
was first elected. The party governing then was the coalition of the Alliance, which governed until the mid-1970s, when it was renamed as the Barisan Nasional (National Front; commonly abbreviated as BN). As of 2006, the Chief Whip was Deputy Prime Minister
Najib Razak Dato' Sri Haji Mohammad Najib bin Tun Haji Abdul Razak ( ms, محمد نجيب بن عبد الرزاق, label= Jawi, script=arab, italic=unset, ; born 23 July 1953) is a Malaysian politician who served as the 6th prime minister of Malaysi ...
, and his deputies were Minister in the Prime Minister's Department in charge of Parliamentary Affairs
Nazri Aziz Dato’ Seri Mohamed Nazri bin Abdul Aziz ( Jawi: محمد نظري بن عبدالعزيز; born 15 May 1954) is a Malaysian politician who served as the Minister of Tourism and Culture, Minister in the Prime Minister's Department in charge ...
, Transport Minister
Chan Kong Choy Tan Sri Dato' Sri Chan Kong Choy (; born 17 May 1955) is an adjunct professor at the University of Malaya and was a Malaysian politician and the former deputy president of the Malaysian Chinese Association (MCA), a component party of the then ...
, and Works Minister
Samy Vellu Tun Samy Vellu s/o Sangalimuthu ( ta, சாமிவேலு சங்கிலிமுத்து, Cāmivēlu Caṅkilimuttu; 8 March 1936 – 15 September 2022) was a Malaysian politician who served as Minister of Works from June 1983 ...
. There is some dispute about the precise nature of the whip, such as when it is in force. Convention in most
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
countries that use the Westminster system, such as Malaysia, is that the whip is not in force unless explicitly made clear by the Chief Whip or his deputy. However, Parliamentarians have recently clashed over whether such is the case in Malaysia. In BN, although the Chief Whip rarely issues official directives, government MPs have tended to follow the party line. Most BN MPs who have contravened the government's stance in Parliament have been sanctioned. Recently, an official directive from the Prime Minister stated that the whip was always in force unless the Chief Whip or his deputy indicated otherwise.


Controversy

In 2006, the resignation of Shahrir Abdul Samad (BN-
Johor Bahru Johor Bahru (), colloquially referred to as JB, is the capital city of the state of Johor, Malaysia. It is located at the southern end of Peninsular Malaysia,along the north bank of the Straits of Johor, opposite of the city-state Singapore. T ...
) as chairman of the
Barisan Nasional Backbenchers Club Barisan Nasional Backbenchers Club Barisan Nasional Backbenchers Club ( ms, Kelab Ahli Penyokong Barisan Nasional; abbrev: BNBBC) is composed of the BN backbencher MPs. The term " backbencher" originates from the British Parliament, denoting an MP ...
(BNBBC) triggered a controversy over the nature of the whip and how it is enforced. Earlier in 2005, a Deputy Minister, S. Sothinathan, had been suspended for speaking in Parliament against the government's stand on the issue of the government's decision not to recognise degrees awarded by the
Crimea State Medical University The Medical Academy named after S. I. Georgievsky of Vernadsky CFU ( uk, Кримський державний медичний університет ім. С. І. Георгієвського; russian: Кры́мский Госуда́рств ...
(CSMU). Later, two MPs who spoke in support of a motion made by the opposition regarding a corruption scandal related to the distribution of import permits were also sanctioned, receiving official warning letters. At the time, Najib said it was official BN policy to not support any motions brought by the opposition. Then in May 2006, Shahrir spoke in support of a motion brought by Opposition Leader
Lim Kit Siang Lim Kit Siang (; born 20 February 1941) is a Malaysian politician. He is the longest-serving leader of the opposition in Malaysia, having held the position for a total of 29 years on three separate occasions. He is also former Secretary-Genera ...
of the Democratic Action Party (DAP) to refer an anonymous MP who allegedly attempted to influence the Melaka Customs and Excise Department to the House Rights and Privileges Committee. When the vote was held, Shahrir was the only government MP who supported the motion. He immediately left the house and called an impromptu press conference to announce his resignation as BNBBC Chair, saying that "Even though it was an Opposition motion, we should support it for its importance to MPs and the House." The Deputy Chair and the BNBBC asked Shahrir to rescind his resignation, but Shahrir insisted he would submit a letter of resignation to Najib, the Chief Whip. Later, Shahrir explained he had no choice but to resign "as I had breached the party's directive against supporting an Opposition motion."
Mohammad Said bin Yusof Datuk Mohammad Said bin Yusof (born 15 September 1959) was a member of the Malaysian Parliament in the lower house of the ''Dewan Rakyat'', representing the constituency of Jasin in the state of Malacca. He is a member of the United Malays Nat ...
(BN- Jasin) then said he was the unnamed MP, but insisted he had done nothing wrong in asking for leniency in the case of one of his constituents, whose import of timber from Indonesia had been seized on what Said called a "technicality". Later, the BNBBC issued a statement, read by secretary
Rosli Mat Hassan Rosli is both a given name and a surname. Notable people with the given name include: * Rosli Dhobi (1932–1950), Malaysian rebel *Rosli Liman (born 1969), Bruneian footballer *Roslï Näf (1911–1996), Swiss nurse * Rosli Ahmat (1970–2002), ...
(BN- Dungun), which declared, "the unwritten rule that presently akesit mandatory for BN MPs to oppose any opposition motion regardless of merit unscounter to basic parliamentary practice and nfringeson the duties of MPs". The BNBBC also said "However, we recognise, as in the case of the
British House of Commons The House of Commons is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster in London, England. The House of Commons is an elected body consisting of 650 mem ...
, the party Whip can compel MPs to vote along party lines in issues of serious importance, such as financial bills and vote of no-confidence as well as second readings of other important bills.... But in the absence of any direction from the Whip, the general rule is that MPs are to vote according to their conscience to serve their constituency and country." In light of this, they officially requested the permission of the executive to vote according to their conscience unless ordered otherwise by the Whip. Rosli then said the BNBBC would attempt to re-elect Shahrir as their Chair, despite Najib having accepted Shahrir's resignation.Ram, B. Suresh (8 May 2006)
"MPs want to vote according to their conscience"
. ''The Sun''.
However, the BNBBC later stated that Shahrir had been in the wrong for supporting a baseless motion, as the purview of the House Rights and Privileges Committee only extended to the misuse of Parliamentary privileges. Rosli also said Lim's motion ran counter to established Parliamentary process, as it was rushed through without written notice and a period of 24 hours being given to the Speaker to consider the motion. Shahrir himself later said he had "...made a mistake in regard to the parliamentary procedure involved. However, based on the political model, there was no mistake." However, Prime Minister
Abdullah Ahmad Badawi Tun Abdullah bin Ahmad Badawi ( Jawi: عبد الله بن احمد بدوي; born 26 November 1939) is a Malaysian politician who served as the 5th Prime Minister of Malaysia from October 2003 to April 2009. He was also the sixth president of ...
later issued a formal directive, making Rosli's "unwritten rule" official. The directive, released shortly after a United Malays National Organisation (UMNO – the leading party in BN) Supreme Council meeting, stated that MPs were required to follow the party line unless otherwise instructed. When the topic of other Commonwealth Parliaments was raised, Abdullah said that "We have our own democracy and we will follow it." The backbenchers indicated they would comply with the ruling, but said that counter to Abdullah's insinuation that he would have sacked Shahrir had he not resigned, they still considered Shahrir their chairman. Nazri, the deputy Chief Whip, later explained that "The Whip is only relaxed when it is lifted by the chief or the deputy chief Whip. The question of allowing backbenchers to vote according to their conscience does not arise. It is also not right to say the Backbenchers Club does not come under the whip which is perpetually in force until otherwise." He also criticised Zaid Ibrahim (BN-
Kota Baru Kota Bharu, colloquially referred to as KB, is a town in Malaysia that serves as the state capital and royal seat of Kelantan. It is situated in the northeastern part of Peninsular Malaysia and lies near the mouth of the Kelantan River. The t ...
), who had led a campaign to re-elect Shahrir, for citing other Commonwealth Parliaments as a rationale for allowing BN MPs to vote freely, and said that the BNBBC had unanimously accepted his explanation of the Whip's role. As an example of the relaxation of the Whip, Nazri cited the 2005 case of a motion brought by
Salahuddin Ayub Malay titles#Datuk Seri, Datuk Seri Salahuddin bin Ayub (Jawi alphabet, Jawi: صلاح الدين بن أيوب; born 1 December 1961) is a Malaysian people, Malaysian politician who has served as the Minister of Domestic Trade and Living Cos ...
( PAS- Kubang Kerian) concerning the
South Thailand insurgency The South Thailand insurgency ( th, ความไม่สงบในชายแดนภาคใต้ของประเทศไทย; ms, Pemberontakan di Thailand Selatan) is an ongoing conflict centered in southern Thailand. It ...
: "Although no voting was involved, they could only speak in support of the motion because we gave them the green light." When asked about the possible re-election of Shahrir, Nazri said "it would have been a mockery of the disciplinary process" within BN.Ram, B. Suresh (9 May 2006)
"Bound by Whip at all times"
. ''The Sun''.


Remuneration

Whips and deputy whips of the recognized party received no salary apart from their pay as a parliamentarian.


See also

* List of whips in the Dewan Rakyat *
Barisan Nasional Backbenchers Club Barisan Nasional Backbenchers Club Barisan Nasional Backbenchers Club ( ms, Kelab Ahli Penyokong Barisan Nasional; abbrev: BNBBC) is composed of the BN backbencher MPs. The term " backbencher" originates from the British Parliament, denoting an MP ...


Notes and references

{{Parliament of Malaysia Government of Malaysia Politics of Malaysia