ACA must be made independent: TI

ACA must be made independent: TI by Terence Fernandez PETALING JAYA: While it is crucial for the Anti Corruption Agency (ACA) to be independent, it is also important to ensure the agency does not become a law onto itself. Transparency Inter national (TI) Malaysia president Datuk Param Cumaraswamy said like the AuditorGeneral, the ACA should be insulated into the Constitution. "If the Auditor-General can present a report of its work and findings, I don't see why the ACA can't (do the same)," he said, calling for an amendment to the Constitution to enable this. Param said TI's stand has always been for an ACA independent of interference and encroachments. "All these years, the ACA has been perceived as an agency of the government, therefore, it (the ACA) will be subject to the dictates of the political masters," he said. However, Param said for this to work, parliament must be effective and MPs must play their role. "Will they debate on the report? That remains to be seen." He was responding to queries by theSun, following remarks by ACA direc or-general Datuk Zulkipli Mat Noor at a recent anti-corruption forum. Zulkipli said while his agency reports o the prime minister, it does so only on "administrative matters". "In his battle against graft, Prime Minister Datuk Seri Abdullah Ahmad Badawi had given the ACA a free hand to unction," Zulkipli told about 60 participants in the "Anti Corruption Initiatives n Malaysia" seminar, organised by the Asian Institute for Development Communication and the KonradAdenauer-Foundation. He also said the ACA does not need to nform complainants on the status of nvestigations, the outcome of a probe, as well as reasons for dropping a case. "If we want to prosecute, only then will we inform the Attorney-General," he said. Meanwhile, to a suggestion that the ACA be answerable to a parliamentary committee akin to the Public Accounts Committee (PAC), Param said this also depends on an effective parliament and pro-active MPs. DAP secretary-general Lim Guan Eng said the ACA cannot be answerable to ust one individual. "No matter how benevolent the prime minister is, the ACA cannot come under one person. "The laws must be amended to give it full powers but accountable to Parliament," he said, adding that to ensure the ACA does its job, it must present annual reports to Parliament. Lim said in being answerable to Parliament, the ACA will be more effective and transparent in discharging its duties. "It will also have to answer all the public's queries and give reports on the status of investigations within a time frame." Lim also stressed that the ACA must protect whistle-blowers. Citing his own experience, Lim said when he brought up former Sabah chief minister Tan Sri Osu Sukam's alleged gambling habits, the ACA probed him instead. "That's why I say it cannot be a law onto itself. It needs to be regulated effectively." Backbenchers Club chairman Datuk Shahrir Samad, however, remained cautious but said the issue is important enough to warrant further study. "Isn't the ACA already independent? The minister (in the Prime Minister's Department) is already there to answer," he said. Zulkipli, meanwhile, when informed of these responses, said he does not see a problem with the current arrangement. "Let me look at the arguments first before I respond," he said, declining to say more.