What’s wrong with a rare earth plant, here?

by Gan Pei Ling / 26 March 2012 © The Nut Graph

THE rare earth refinery in Gebeng, Pahang is arguably now the hottest environmental issue in Peninsular Malaysia. And both the Malaysian government and Lynas Corp, the company that wants to set up the refinery in Pahang, are struggling to convince an increasingly skeptical Malaysian public that the rare earth refinery is safe.

On 20 March 2012, the Dewan Rakyat set up a parliamentary select committee (PSC) to soothe concerns about public health and safety arising from the radioactive waste that will be produced by the rare earth refinery. But Pakatan Rakyat (PR) lawmakers have boycotted the PSC while Lynas opponents, Himpunan Hijau, have decried the PSC as a public relations exercise. In a related development, on 20 March 2012, the Kuala Lumpur High Court ordered the Atomic Energy Licensing Board (AELB) to explain what Lynas can do with the Temporary Operating License that it granted the Australian company on 30 Jan 2012.

Himpunan Hijau 2.0 rally (© Gan Pei Ling)

As tempers rise over the issue, the debate may just boil down to an emotive one where fear and anger cloud reasonable and measured discussion and action about a public interest issue. Is it really such a terrifying thing to set up a rare earth refinery in Malaysia? And if it’s not, what could the government have done better to handle the public’s fear over exposure to radiation? And how can anti-Lynas groups remain true to public interest?

Safe if properly managed

Che Rosli Che Mat (source: parlimen.gov.my)

Regardless of whether or not they are familiar with environmental issues, most PR politicians have happily jumped on the growing anti-Lynas bandwagon except PAS lawmaker Dr Che Rosli Che Mat. The nuclear scientist and Hulu Langat parliamentarian says that a rare earth refinery can be safe as long as it is properly monitored.

Indeed, anti-Lynas groups claim that the plant will pollute the Kuantan coast and have warned that the refining process is toxic. But really the most contentious point about Lynas is its waste management plan and if the company can assure the public it has a fail-safe plan, can we still justify opposition to the plant?

The Lynas refinery is located in Gebeng, an industrial zone. Bearing in mind that most industrial zones such as Port Klang and Pasir Gudang are situated near the sea, I don’t see why Lynas shouldn’t be allowed to do the same as long as it treats its wastewater before releasing it.

Nevertheless, the government should have anticipated high public concerns over the plant’s safety and its effect on public health from the painful episodes of the Asian Rare Earth plant in Bukit Merah, Perak. It should have publicised the project before approving the refinery’s construction in 2008 and held public briefings to inform the surrounding communities about the plant. The government should have actively disseminated information instead of only releasing it when the public sought it.

In addition, it was also premature for the Pahang government to approve construction without first finding a suitable location for Lynas to store its low-level radioactive waste. Now works on the RM700 million plant are near complete but public opposition is growing by the day. And Lynas is fast becoming a powerful election issue that is likely to affect the Barisan Nasional’s performance.

To the government’s credit, it did invite experts from the International Atomic Energy Agency(IAEA) to inspect the Lynas refinery in June 2011. It also set up the PSC but all these measures have come too late to dispel the refinery opponents’ deep distrust of the authorities.

Viewing the damage at Unit 3 of Fukushima Daiichi Nuclear Power Plant (© G Webb | IAEA)

Why not in Malaysia?

From using social media, and organising forums and protests relentlessly, to travelling toAustralia to lobby foreign lawmakers, the awareness anti-Lynas groups have generated locally and internationally is phenomenal.

The Himpunan Hijau 2.0 rally on 26 Feb 2012 in Kuantan attracted thousands of participants. The organisers have threatened to hold a larger protest to pressure the government to revokeLynas’s temporary operating license.

I admire their efforts to hold the government and a corporation accountable. Hence, I willingly attended the 26 Feb 2012 rally. But I’m afraid I don’t see eye-to-eye with the organisers’ aim to scrap the project entirely.

I agree that Lynas should not be allowed to operate until a permanent waste disposal site is found and the company sufficiently addresses the construction flaws alleged by former contractors. And that’s as far as I would go.

Picture of a phone with the caption “This product contains rare earth elements” (© Gan Pei Ling)

Let’s face it. Rare earth elements are increasingly being used in our consumer products including electronic screens, disk drives, MP3 players and hybrid cars. We need refineries to process the ore in order to manufacture these goods.

So far, the world has left the dirty job of refining rare earths to China. But what does it say about us if we oppose the Gebeng refinery but continue to buy and hence, sustain demand for, the end-products?

Compared to the Chinese, I think Malaysians are in a much better position to scrutinise the government and corporations. Some may argue that Australia is a much more advanced democracy with more stringent environmental regulations. But why can’t we pressure our own government to live up to the same, if not better, standards?

And while the refinery may only create a few hundred jobs for locals near Gebeng, downstream manufacturing companies would be able to source the rare earths directly from Pahang. Is that not an economic benefit to Malaysia?

Trust and credibility

From my observation, much of the opposition against Lynas is based on an irrational fear over radiation pollution from the low-level radioactive waste of thorium and uranium rather than informed opinions on the issue. And fear can be a powerful thing and hence, useful and easy to manipulate.

Some Lynas opponents have capitalised on this fear to gain support. For example, by telling a forum I attended last year that radiation knows no boundaries and that if there is a radiation leak in Gebeng, even people in Kuala Lumpur can be affected.

But where are the facts and context? How much radiation would the low-level radioactive waste from the Lynas plant generate? And how does it compare to the radiation we’re already exposed to in our daily life?

According to some experts, even the fear over the radiation at Fukushima, Japan is overblown. And it is that same fear that is being stoked in Gebeng. For certain, there are risks involved in any industrial activity, be it refining rare earths, processing aluminum or manufacturingfertilisers. The question is, how large are those risks to public health and aren’t there steps Lynas can be compelled to take to minimise them?

If we are to solve this impasse between the government, Lynas and the opponents of the project, all sides including the anti-Lynas groups, must be transparent. That means putting forward arguments that are reasonable, accurate and in-context. It also means not resorting to propaganda just because your opponent is doing that, too.


Gan Pei Ling thinks cultivating uninformed masses gives the government even more justification to act like a patronising Big Brother. She cautions against supporting any cause before learning the facts.

Related post: Lynas: What’s the fuss?

Restoring the House’s independence

by Gan Pei Ling / 16 March 2012 © Selangor Times

The Special Select Committee on Competence, Accountability and Transparency (Selcat) has become a household name since it conducted the high-profile public inquiries into the Wives of Selangor Welfare and Assemblypersons and Members of Parliament Charity Organisation (Balkis) in 2009. In an exclusive interview with Selangor Times, Selcat chairperson and Speaker Datuk Teng Chang Khim spoke about the steps PR has taken to strengthen the law-making branch of the state.

Datuk Teng Chang Khim

Can you share some of the legislative reforms PR has implemented since 2008?

For a start, we’re the first state assembly to telecast our sittings live via the Internet. We publish a journal now after every sitting to inform the public about what laws and motions were passed. We’ve also increased the days of sitting from an average of six to 20 days a year so that members of the House have more time to debate bills before they’re passed.

In 2008, we set up Selcat and three new select committees that specialised in scrutinising;

1)    state statutory bodies and government-linked companies (ABAS),
2)    local governments (PBT), and
3)    district and land offices (Padat).

Previously the Public Accounts Committee (PAC), which only has seven members, has to scrutinise everything the executive is doing. Now they can focus on state departments only.

So instead of seven people, now we’ve 28 state lawmakers from four select committees – ABAS, PBT, Padat and PAC – to watch over the executive.

We appointed two opposition members into each of the seven-member select committees to reflect the proportion in the House.
We also appointed an opposition member to chair the PAC for the first time in Selangor.

Finally, we’re also in the process of enacting a new law to establish a service commission for the House, so that our management and administration are independent of the executive.

Why did the Selangor State Assembly set up Selcat? And what’s the difference between Selcat and the three new select committees (ABAS, PBT and Padat)?

It’s actually a common practice for house committees to conduct public hearings in advanced democracies like Canada, United Kingdom and Australia but this has never been done in Malaysia.

We want to follow the Commonwealth benchmark. But our worry then was, holding public inquiries involves legal procedures and we didn’t have experienced lawyers among the select committees’ members, nor supporting staff with legal expertise to back them up.

That’s why Selcat was formed. It’s meant to specialise in conducting public hearings. We got help from the US Senate, they gave us a two-day training, taught us how the hearings should be carried out.

So now the select committees will refer to Selcat if there are issues of public interest and we’ll call for a public inquiry.

For example, we called for a public inquiry on PKPS Agro Industries Sdn Bhd (mismanagement of RM90.3 million of federal loans given out in 2005 and 2006) last week because ABAS felt the issues should be highlighted to the public.

Selcat has become an icon now. We’ve increased the public’s expectations. Now people are asking why Parliament and other states haven’t set up a similar committee to hold public hearings.

We’ve incorporated ABAS, PBT and Padat into the Standing Orders like the PAC. This is a very important institutional reform. If the next government wants to abolish these select committees, they would have to go through two assembly sittings and amend the laws.

But Selangor Umno deputy chief Datuk Seri Noh Omar has called Selcat a “kangaroo court” that only exposed things but never punished anybody. What’s your response to that?

Selcat, like any other house committee worldwide, only has the power to summon and query. It does not and cannot have more power than the state assembly itself.

The most Selcat can do (and has done) is to call for public inquiry and try to find out what’s happening by asking the state entities like Kumpulan Semesta (Sdn Bhd) to appear before us.

We don’t have the power to seize their documents or search premises. That’s the job of the police, and where it involves corruption, the MACC (Malaysian Anti-Corruption Commission).

If the opposition has proof that there are criminal elements in sand-mining operations in Selangor, they should lodge a report with the police or MACC. In fact, the MACC has conducted investigations (in 2010) and didn’t find (any wrongdoings).

I also read in Sinar Harian today (March 12) that Umno Youth Selangor wants Selcat to follow the Parliament’s PAC practice to appoint non-politicians into the committee. But the Parliament’s PAC is made up entirely of members of Parliament, all of whom are politicians. (Chuckles)

I’m astonished by their ignorance in the running of a democracy. Either that or they’re trying to confuse the people.

You’ve been a state lawmaker in Selangor since 1995, you were also the opposition leader in the state assembly from 1995 to 1999 and 2004 to 2008. Comparing then and now, do you see an improvement in the quality of debates in the House?

Definitely. When I was in the opposition, there were very few opposition members. The BN executive was only interested to get laws passed. They weren’t serious in debates.

Whereas now, you can see that PR backbenchers are very active during debates. They give good suggestions and aren’t afraid to criticise their own government, it’s encouraging.

To my surprise, the opposition, which has been making lots of noise outside, has been relatively dormant in the House.

They’ve not tabled any good motions so far, 95 per cent of the motions have come from the Backbenchers’ Club.

But in Parliament, the opposition members are more active in tabling motions and submitting private member’s bill. They aren’t doing that here. The Backbenchers’ Club is more active in the Selangor State Assembly. They’re helping the opposition (to raise issues).

You mentioned earlier that the House has limited resources to support its select committees. What other challenges do you face in implementing reforms?

In a democracy, the three branches of government, legislature, executive and the judiciary, should check and balance each other. But the practice in Malaysia is that the legislature acts more like the rubber stamp of the executive. The Speaker is only a figurehead. The House’s administration comes under the executive. The members of the House have no say.

In Selangor (and other states), the House secretary takes orders from the state secretary. The hiring and firing of the staff in the legislature is controlled by the executive.

Imagine now, the House secretary can be transferred if the executive doesn’t like him or her. Our legislature isn’t independent from the executive.

So we must go back to the Commonwealth practice, where the legislature has its own service commission to take care of the hiring and firing of staff. The House secretary will take orders from the service commission, not the executive.

We’ve drafted the bill called SELESA (Selangor Legislative Assembly Service Commission Enactment) to set up this service commission, but the executive has yet to agree.

Why? Isn’t it a good thing to strengthen the House’s independence?

The executive is hesitating because the bill will take their powers (to control the legislature’s administration) away from them.

But they’ve forgotten that these powers belonged to the House. The House, as an independent branch of the government, should have full control of its own budget and staff.

If PR is elected into government for another term and you’re appointed as Speaker again, what other reforms do you hope to implement?

Firstly, we must get SELESA passed. Once the House has control of its own budget, we can set up departments specialising in law, accounting, corporate practices, public administration, town planning and more to support our select committees and members of the House.

Once we’ve established the specialised departments, the departments will research the issues and advise the select committee on questions that should be raised in the meetings and public inquiries.

Then the check and balance provided by the House on the executive will be more professional and effective.

Besides that, I want to bring the House nearer to the people through public education. This has always been on my mind. We need to bring students here and educate them about the House and its history: Why is it important? How does it pass laws?Who were the important figures – Speakers and opposition leaders – that have stood in this House?

Once we have control of our budget, then we can implement a structural education programme.

Related post: Challenging and exciting times