Prisons bill deferred, referred to select committees after MPs object

KUALA LUMPUR: The home ministry has deferred further reading on the Prisons (Amendment) Bill 2026 and referred it to two parliamentary select committees following objections from MPs over a proposed immunity clause for prison officers.

Deputy minister Shamsul Anuar Nasarah told the Dewan Rakyat of the decision after hearing debates from 14 government and opposition lawmakers.

“The ministry agrees to bring this bill again before the Special Select Committee on Security, and the Special Select Committee on Human Rights to be examined first,” he said.

Much of the debate today has centred on the proposed Section 63A, which would protect prison officers from being sued or prosecuted if they acted in good faith while carrying out orders.

Ramkarpal Singh (PH-Bukit Gelugor) called for the clause to be dropped, linking it directly to the Human Rights Commission of Malaysia’s findings on the Taiping Prison riot.

He said Suhakam found excessive physical force, failure to provide proper medical treatment, alleged false medical records, and police reports containing false information.

“Two wrongs do not make a right,” he said, adding that the existence of similar clauses in other laws was no justification for inserting the provision into the Prisons Act.

Awang Hashim (PN-Pendang) warned that Section 63A would make prison officers “untouchable” and could deny justice to victims of abuse of power, and questioned what checks and balances would govern the wide powers granted to the prisons commissioner-general.

Wilfred Madius Tangau (PH-Tuaran) said the clause amounted to “absolute immunity” behind prison walls, wider than the parliamentary immunity enjoyed by MPs themselves.

RSN Rayer (PH-Jelutong) said officers should not be able to escape liability by claiming they were following orders, and warned the government to be cautious about granting such protection.

Beyond Section 63A, the amendment bill aims to introduce a range of measures aimed at strengthening prison administration, offender monitoring and rehabilitation programmes.

Among the key proposals is the introduction of electronic monitoring devices for prisoners, parolees and inmates released on licence.

The bill was tabled for first reading in the Dewan Rakyat on Tuesday and second reading yesterday.