KUALA LUMPUR (July 26): The proposed Independent Police Conduct Commission (IPCC) Bill 2020, first tabled in August 2020, was tabled by Home Minister Datuk Seri Hamzah Zainudin for a second reading in Parliament on Tuesday (July 26).
According to the Larut Member of Parliament, the IPCC Bill 2020, which will be debated, is seen as a new law that is in line with the Federal Constitution and one that will give justice to the Royal Malaysia Police, as well as the public.
Hamzah said the establishment of the IPCC fully took into account three points, namely the separation of powers, being open and fair to members of the police force, and acting as a mandatory referral.
"In order to enable investigations into complaints received by the IPCC to be conducted in an inclusive and comprehensive manner, representatives from the Human Rights Commission of Malaysia may be invited to cooperate with the IPCC investigation team, especially for cases of deaths in custody.
"The aim of the proposed Bill is to improve the integrity of the police force, reduce misconduct among members of the police force and increase public confidence in the police force," he said in the Minister's Bill Speech text.
Hamzah noted the IPCC Bill 2020 contains seven sections:
• Part I — Introductory matters containing a brief title and interpretation;
• Part II — The establishment, functions, and powers of the Commission;
• Part III — The administration of the Commission, including the appointment of the secretary and the hiring of consultants;
• Part IV — Provisions relating to the management of complaints by the Commission including the manner in which complaints can be made;
• Part V — Provisions on investigative powers by the Commission and its officers including the power to initiate investigations into misconduct on its own initiative;
• Part VI — Provisions on offences including the offence of submitting false information; and
• Part VII — Various provisions including allocating the responsibility of the police force to cooperate with and assist the Commission, including providing any information required by the Commission.
Hamzah added the IPCC Bill 2020 focuses on the establishment of a body to carry out investigations, while disciplinary actions and punishments are still maintained with the Police Force Commission in accordance with the existing provisions in Article 140 of the Federal Constitution. This policy was also adopted by the government in drafting the Enforcement Agency Integrity Commission Act 2009.
"This IPCC [Bill 2020] was drafted after a comparison was made between the Independent Office for Police Conduct (United Kingdom) and the Independent Police Complaints Council (Hong Kong) where [a monitoring body has been established to act] as an oversight body.
"These two independent bodies only exercise powers of investigation into wrongdoing, and the findings will be submitted to the relevant authorities for action," he said.
After the comparison was made, Hamzah said the Ministry of Home Affairs presented the Bill to a Cabinet meeting on Aug 14, 2020 and it was approved by the Cabinet.
The IPCC Bill 2020 had its name changed from the Independent Police Complaints and Misconduct Commission Bill, which the previous Pakatan Harapan administration had attempted to pass in Parliament but was met by stiff opposition from the police, resulting in the watered-down IPCC Bill 2020.
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