New Straits Times
A ROYAL Commission is usually formed when a matter of national interest arises that requires immediate action.
In 1993, when rejecting a motion by Kepong MP Dr Tan Seng Giaw to set up a royal commission to investigate the Highland Towers collapse, Dewan Rakyat deputy speaker Juhar Mahirudin said the three requirements necessary for such a commission to be considered was that it had to concern a specific issue, it had to be of importance to the general public and it had to be a matter of urgency.
In that case, the request to set up a commission failed because it did not meet the third requirement.
In Malaysia's history, Royal Commissions have been set up to look into a host of issues, ranging from the operations and management of the police force, to the deadly blaze at the Sungai Buloh Bright Sparklers fireworks factory in 1991, to the collapse of the Butterworth ferry terminal in 1988 and the salaries and conditions in the public service in 1965.
Originating in the United Kingdom, Royal Commissions exist in many Commonwealth countries, including Malaysia, Canada, Australia, India and New Zealand.
Royal commissions can consist of any number of commissioners depending on the complexity of the investigation.
For example, the Butterworth ferry terminal commission panel consisted of three members, while the last commission, the Royal Commission to Enhance the Operations and Management of the Police Force in 2004, had 16 members from various segments of society.
Royal commission members are usually notable public figures headed by retired senior judges.
Created by the king on the advice of the government, royal commissions have great powers but a limited sphere of operation that extends only to its terms of reference.
However, once a royal commission of enquiry has begun, the government cannot stop it until the date given in the terms of reference expires.
The commission is given whatever facilities, technology or expert assistance it needs, and can compel anybody it wants to appear before it and give evidence under oath if necessary.
It can seize documents and other evidence that is relevant to its investigation.
Once the investigation is completed, the results are usually published in public reports that also contain policy recommendations.
The reports tend to lead to the government turning the recommendations into law.
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