Parliament withholds counsel general’s advice on media bill
Neither Shujau nor Committee Chair Riza disclosed the specific contents of Filza’s advice, and the final committee report also omitted her recommendations.
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Parliament has not disclosed the legal advice provided by Parliamentary Counsel General Fathimath Filza on the Media Regulation Bill passed last month, despite repeated requests for access.
The Independent Institutions Committee, which reviewed the bill before submission to the floor, had sought Filza’s advice to determine whether the legislation conflicted with the Constitution or existing laws. However, it remains unclear whether the advice was issued in writing or conveyed orally.
Attempts by Dhauru, sister publication of Atoll Times, over the past two weeks to obtain the Counsel General’s recommendation have not been successful, as the Parliament Secretariat has declined to release the information.
A committee meeting held an hour before the parliamentary session on 16 September discussed Filza’s recommendation under Rule 106(a) of the Parliament’s Rules of Procedure, which authorises committees to decide on such advice.
Ibrahim Shujau, Deputy Leader of the PNC Parliamentary Group and Member for Baarah Constituency, said during the meeting that the bill had been reviewed carefully and did not conflict with the Constitution.
“The Committee passed the Control Bill with some changes, and there is no conflict with the Constitution. However, I propose that the bill be passed with some of the recommendations made by the Counsel General,” Shujau said.
Neither Shujau nor Committee Chair Riza disclosed the specific contents of Filza’s advice, and the final committee report also omitted her recommendations.
In previous instances, Filza’s opinions on draft bills have been included in committee reports or read out during meetings, but no such disclosure occurred in this case.
Under Rule 106(e), (k) and (h) of the Parliament’s Rules of Procedure:
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Committees are required to obtain legal advice from the Counsel General to determine whether a bill conflicts with the Constitution or existing laws.
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The Counsel General must submit the advice in writing and, if constitutional issues are found, must refer the matter back to the committee with detailed reasoning.
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The committee must then determine the action to be taken on that advice.
During the same meeting, Galolhu South MP Meekail Ahmed Naseem (MDP) raised concerns about insufficient time to review both the draft report and the Counsel General’s recommendations. He later confirmed to Dhauru that he had not received Filza’s advice.
Repeated attempts to contact Parliamentary Committee Chair Riza for comment were unsuccessful. The parliamentary administration has not issued a statement on why the legal advice has been withheld.