PUBLIC SERVICE COMMISSION (AMENDMENT) BILL

Parliament of Singapore · 16 July 2007

Official Report, 16 July 2007, Vol 83, Issue 7 · Open in the reader (summaries, search, filters)

PUBLIC SERVICE COMMISSION (AMENDMENT) BILL: Order for Second Reading read.

The Deputy Prime Minister and Minister for Law (Prof. S Jayakumar): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

This Bill is consequential to the Constitution of the Republic of Singapore (Amendment) Bill 2007 which the House has just approved. The composition of the Legal Service Commission will be changed and there will be separately constituted Personnel Board(s) for the Legal Service officers. Therefore, we have to amend the Public Service Commission (PSC) Act.

The Deputy Prime Minister and Minister for Law (Prof. S Jayakumar): 5.15 pm

There are certain provisions in the PSC Act which should similarly apply to the LSC and its Personnel Boards. For example, the PSC Act provides for rules for the punishment of those who commit offences in connection with the exercise of their functions as well as the protection of members of the Commission. It is an offence to give false information to the Commission and communications of the Commission are privileged.

The PSC Act is therefore being amended to extend the scope and operation of these provisions to the LSC, its members and the Personnel Boards for the Legal Service officers. The meaning of "the Commission" in the Act will be expanded to include the LSC, so that all the existing rules in the Act will apply equally to the LSC, its members and its Personnel Boards.

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Sir, I beg to move.

Question proposed.

5.18 pm

Mr Alvin Yeo (Hong Kah): Mr Deputy Speaker, Sir, the Amendment Bill extends the scope of the protections afforded to the Public Service Commission to the Legal Service Commission. There are three main protections conferred on the Public Service Commission, first, by clothing communications of the Commission with privilege and confidentiality. For instance, section 3 provides that communications of the Commission are privileged. No person in any legal proceedings is permitted to or can be compelled to disclose any communication made to the Public Service Commission, whether between the Commission and other parties, such as the Government, or between its members. Section 4 prohibits the publication of disclosure of information with respect to the Commission's functions to any unauthorised person and make such disclosure an offence.

The second main protection is by the imposition of sanction to uphold the integrity of the Commission's exercise of its powers and functions. Section 2 makes it an offence for anyone to give false information to the Commission. Section 5 makes it an offence to influence or attempt to influence the Commission.

The third main protection is by affording members of the Public Service Commission with the same protection and privilege as extended to magistrates in case of any action or suit brought against them for anything done in execution of their duty.

Mr Speaker, Sir, with the amendment, the Legal Service Commission and its members will be accorded the same rights and protections as the Public Service Commission and its members. These protections are necessary for the Legal

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Service Commission to carry out its public function in an effective manner. They are required so that communications can be freely made to and within the Legal Service Commission without fear that such communications can be used in subsequent legal proceedings. They are required so that information given to the Legal Service Commission will carry sanction with it if made falsely. And finally, they are required so that the Legal Service Commission members can go about their work independently and impartially without the risk of being sued for their decisions.

More symbolically, this puts the Legal Service Commission on the same footing and position as the Public Service Commission. The signal being sent is that the Legal Service Commission and, by extension, the Legal Service is as important to the smooth running of the country as the Public Service Commission and the Public Service. These amendments go hand in hand with the amendments made to the Constitution which seeks to enhance the composition of the Legal Service Commission and provides the establishment of Personnel Boards. Together, they constitute a step towards taking our well-regarded and respected legal system to the next level. Singapore is regularly rated as one of the most competitive economies and among the best countries in the world to carry on business, and that is due in no small measure to the sterling quality of our Judiciary and Legal Service.

We have a world-class Judiciary. And I consider that this extends both to our Supreme Court Judiciary where the Judges enjoy tenure until age 65 as well as the Subordinate Courts Judiciary where the Judges do not enjoy similar tenure. The reputation of our Judiciary stands out especially in the region for its quality, efficiency, impartiality and integrity. We have to ensure that the Legal Service and Judiciary continue to

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attract the best of Singapore's legal talent so they can just not maintain a high standing but also to grow and adapt to ever-changing circumstances. The move to enhance the position of the Legal Service Commission which oversees the Legal Service signals a clear intention to strengthen one of the pillars of our society and economy, and should be welcomed.

Sir, I support the Bill.

Prof. Jayakumar: I think it is suffice for me to thank Mr Alvin Yeo for his support.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [ Prof. Jayakumar].

Bill considered in Committee; reported without amendment; read a Third time and passed.

Source: Singapore Parliament Official Report (Hansard) for 16 July 2007. Republished on SGParliament.