He said the Emergency Ordinance issued in January should be tabled for debate before the expiry of the Emergency, under which Parliament was suspended.
He cited Article 150(3) of the Federal Constitution to back his argument.
“On the basis of the clear wording, the spirit and purpose of the Federal Constitution, all declarations of emergency and ordinances made under them must be tabled in Parliament for the House to consider whether they should be continued or annulled,” he told FMT.
“It is part of the checks and balance,” he added.
Therefore, Ariff said to hold a sitting in late August or September as announced by the government did not make constitutional sense.
“It will just be political expediency. The Federal Constitution does not rest on political expediency,” he added.
As for a proposed hybrid parliament sitting, Ariff, who was speaker during the Pakatan Harapan administration, said it could happen immediately.
He said to have proper rules governing a hybrid Parliament, the House would ultimately need to make several amendments to the Standing Orders.
“It will also be possible for the House to, say, pass a resolution to suspend any part of the Standing Orders temporarily to allow for hybrid proceedings,” he said.
This is because Ariff said the heads of both Houses – the Dewan Rakyat Speaker Azhar Azizan Harun and the Dewan Negara president Rais Yatim – have extensive powers to allow this, as seen when the Australian legislature adopted this path.
“For the moment, Parliament can still proceed with in-person proceedings subject to safeguards.
“It can limit the hours or days of sittings, or the number of MPs and senators present in the chambers,” he added.
The House could even limit the subject matter of the proceedings to only critical ones, he added.
“I cannot see what harm will come if Parliament is allowed to sit for three or four days in July with these safeguards in place, said Ariff.
As for parliamentary committee proceedings, Ariff said they could meet immediately online without any amendment to the Standing Orders since the manner of proceedings would be for the House committees to decide.
Earlier today, Dewan Rakyat Speaker Azhar Azizan Harun and his deputies Azalina Othman Said and Rashid Hasnon as well as Senate president Rais Yatim and his deputy Mohamad Ali Mohamad arrived at Istana Negara for an audience with the Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah.
The meeting was believed to be about reconvening Parliament before the state of emergency ends on Aug 1.