SINGAPORE LEGISLATIVE ASSEMBLY ELECTIONS (AMENDMENT NO. 2) BILL

Order for Second Reading read.

3.22 p.m.

The Minister for Labour and Law (Mr K. M. Byrne): Mr Speaker, I move "That the Bill be now read a Second time."

Mr Speaker and Members of the House, I should like to draw your attention to section 28 (1) of the Singapore (Constitution) Order in Council where it is provided that-

"The Yang di-Pertuan Negara, acting in accordance with the advice of the Prime Minister, may, by instrument under the public seal, appoint Assistant Ministers from among the Members of the Assembly to assist Ministers in the discharge of their duties and functions".

Mr Speaker, the Government has decided that, in accordance with the practice in advanced democracies like the - United Kingdom and Ceylon, Parliamentary Secretaries be appointed to assist Ministers in the discharge of their duties and functions. It is not proposed to recommend to the Yang di-Pertuan Negara the appointment of any Assistant Minister under section 28 of the Singapore (Constitution) Order in Council.

Under the Ministers of the Crown Act in the United Kingdom, there is provision for the appointment of Parliamentary Secretaries. There is a Parliamentary Under-Secretary when the Minister is a Minister of State and a Parliamentary Secretary when the Minister is not a Minister of State, and there is provision in that Act for the appointment of 27 such Parliamentary Secretaries.

The same position obtains in the Constitution of the Government of Ceylon. Under the Ceylon Order in Council, there is provision for the appointment of Parliamentary Secretaries, and such appointments cannot exceed the number of Ministers who are appointed. You will see, Mr Speaker and Members of the House, that our Bill provides that the Parliamentary Secretary will be appointed by the Prime Minister or by a Minister, and will perform such functions as may be specified in his letter of appointment. To that extent we depart from the provision of section 28 where the appointment of Assistant Minister is by the Yang di-Pertuan Negara on the advice of the Prime Minister.

Mr Speaker and Members of the House, there is a provision in that part of the Order in Council dealing with the Legislative Assembly wherein it is stated that the seat of a Member shall become vacant if he is appointed to or to act in any public office to which there is any remuneration or allowance attached.

The Order in Council also provides in its definition section that for the purposes of the Order in Council the holders of the office of Speaker, Deputy Speaker, Minister, Assistant Minister or Member of the Assembly shall not be considered as public officers by reason of the fact that the incumbents of these offices are in receipt of any remuneration or allowances (including a pension or other like allowance).

There is also provision in the definition section of the Order in Council to enable the local legislature to provide that an office shall not be a public office for the purposes of that Part of the Order in Council dealing with the Legislative Assembly, and if the local legislature so provides that, any such provision shall have effect accordingly as if that provision of that law were enacted therein.

The Bill therefore, Mr Speaker, provides that the holder of the office of Speaker, Deputy Speaker, Minister, Parliamentary Secretary or Member of the Assembly shall not be deemed to be the holder of a public office for the purposes of Part V of the Singapore (Constitution) Order in Council, that is, the Part which deals with the constitution of the Legislative Assembly, by reason of the fact that he is in receipt of any remuneration or allowance in respect of his tenure of office.

As Parliamentary Secretaries have already been appointed, it is necessary to have the Ordinance enacted as soon as possible, and to give it retrospective effect to the 8th day of June, 1959, the date when the Government took office.

Mr Speaker, Sir, I beg to move.

Question put, and agreed to.

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

Assembly immediately resolved itself into a Committee on the Bill.-[Mr Byrne].

Bill considered in Committee.

[Mr Speaker in the Chair]

3.28 p.m.

Clause 1 -

The Chairman: Hon. Members will notice a manuscript addition in line 5.

Clause 1 ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

Bill reported without amendment; read the Third time and passed.