Dzulkefly ‘Commits’ To Forming Health Service Commission Without Power To Create Positions Or Set Emoluments

Dr Dzul commits to forming a Health Service Commission (SPK), but says it won’t be able to create positions, devise a retirement scheme, or set emoluments. SPK will only have appointment or disciplinary powers under Article 144 of the Federal Constitution.

KUALA LUMPUR, Oct 27 — Health Minister Dzulkefly Ahmad today expressed his commitment to establishing a Health Service Commission (SPK) before the end of the 15th Parliament.

Dzulkefly, however, cautioned that the new SPK wouldn’t have the power to create new positions, devise a retirement scheme, or set more competitive emoluments for health care workers, just like how other service commissions similarly lack those functions.

Such roles will remain under the Public Service Department (JPA) and the Ministry of Finance (MOF), as per the Financial Procedure Act 1957, he said.

“The SPK that we suggest should have powers subject to Article 144 of the Federal Constitution, which are to appoint, confirm, and place officers in permanent or pensionable positions, as well as to exercise disciplinary control over officers, all of which are below Article 144 of the Federal Constitution,” Dzulkefly told the Dewan Rakyat today during Question Time.

“In our direction towards establishing the SPK, the Ministry of Health (MOH) did engagement sessions with other service commissions, as well as the Public Service Department (JPA), last October 22 to get more information on best practices.”

The proposed SPK, said Dzulkefly, should cover all 86 service schemes in the MOH.

Dzulkefly was responding to his predecessor and Sekijang MP, Dr Zaliha Mustafa, who asked whether he could commit to tabling a bill for the establishment of an SPK by the end of the year for first reading, “in line with reform aspirations under the Health White Paper (HWP)”.

Dr Zaliha noted that Malaysia has five service commissions: the Public Services Commission (SPA), Education Service Commission (SPP), Judicial and Legal Service Commission (SPKP), Police Force Commission, and the Armed Forces Council of Malaysia. 

“Continued problems in MOH, like staff or health worker shortages, maybe because of brain drain, which is related to service delivery, must be handled,” she told Dzulkefly in Parliament.

“When is the timeline for this effort and when can we see the formation of this Reform Commission?”

The HWP, which touts health reforms in the country over 15 years and was passed by Parliament in 2023 under Dr Zaliha’s tenure, does not propose the establishment of a Health Service Commission to regulate health workers separately from other civil servants.

Instead, the document merely calls for an independent monitoring body, “such as a special task force, committee, council, or commission”, to monitor proposed health reforms.

“We’ll look at a commission that’s appropriate for MOH,” replied Dzulkefly.

“We must expedite this effort while recognising that creating new positions, devising a retirement scheme, and setting emoluments are beyond our capacity to empower the commission as such, just like the police and other commissions.

“If possible, before the end of the 15th Parliament, we’ll at least get to see the establishment of a Health Service Commission.”

The 15th Parliament will automatically dissolve in December 2027. A general election must be held within 60 days of the dissolution.

Dzulkefly did not say why the Madani administration wouldn’t propose a constitutional amendment bill to give an SPK the authority to create new positions, devise a retirement system, or set emoluments for health care workers, unique from other service commissions. Neither did MPs ask him about it.

Prime Minister Anwar Ibrahim’s government commands two-thirds majority of Parliament on paper.

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