Legal Aid Public Defence Bill Upholding Right To Access Justice

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MP SPEAKS | Some 13 years after the National Legal Aid Foundation (NLAF) started operations providing legal aid through government funding, the Dewan Rakyat passed the Legal Aid and Public Defence Bill on Monday.
The bill seeks to expand the scope of the Legal Aid Act 1971 and codify through law the provision of legal aid which is operating through NLAF.
As a lawyer who has taken up his fair share of legal aid and NLAF matters, it was an honour and a privilege to debate this bill and to see its passage through the Dewan.
The bill will allow legal aid to be given for, amongst others, Consumer Claims Tribunal enforcement actions and also judicial review or appeal for decisions made in labour or industrial relations matters.
ADSThis would allow greater access to justice in matters impacting a larger group of people, namely, employment and consumer issues.
The bill will also allow for legal aid to be provided to Malaysians, and in certain instances, non-Malaysians, in criminal proceedings, defined in the bill as “public defence service”.
Govt obligation, not just provided service
For the record, the NLAF is a company limited by guarantee. While it has continued to receive support from successive governments since its inception, its nature as a company means that its support will depend upon the good graces of the government of the day.
The codification of legal aid in criminal proceedings effectively means that the provision of legal aid is now an obligation for the government, instead of just being a service provided by the government, which can be taken away at any time.
Last year, the Madani government last year provided a sum of around RM21.5 million to NLAC for its yearly operation as well as to solve long-standing arrears of payment, the highest allocation for NLAC since its inception.
In 2024, Parliament passed amendments to the Legal Profession Act, which finally gave recognition in law to the Bar Council Legal Aid Centre after decades of legal aid service.
We are now halfway through the enactment of another Act to improve access to justice.
Exclusions
The bill is not perfect, of course. For example, it excludes public defence services for certain offences, especially security offences under Parts VI, VIA and VIB of the Penal Code and offences against children.
The reasons given for the exclusion of these offences thus far remain unconvincing.
However, we cannot deny that the tabling of this bill is the natural nextep in upholding the sacrosanct principle that access to justice is a right for all, regardless of status or wealth.
This bill once again proves that this Madani government is serious about upholding the right to legal representation and access to justice. - Mkini
SYAHREDZAN JOHAN is Bangi MP.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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