CONSTITUTION (AMENDMENT) BILL

Order for Second Reading read.

3.04 p.m.

The Prime Minister (Mr Lee Kuan Yew): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

In June 1959, Singapore became a self-governing state. In September 1963, it became part of the Federation of Malaysia. In August 1965, it became a republic.

The Constitution has undergone three fundamental changes in a space of six years. It has created confusion in several areas whether certain provisions continued to be law or were superseded and altered. The present Constitutional provisions relating to the Public Service Commission are a carry-over of those when we were a state in Malaysia. The Government could have left this Constitution (Amendment) Bill to be taken together with the draft Constitution. This draft is now being vetted by expert constitutional draftsmen before it is tabled in this House. But this may take some time. And since it is the intention of the Government to afford every institution and citizen an opportunity to make representations on the constitutional draft, it may be a few years before it is promulgated.

It has, therefore, been decided that we should take the provisions relating to the Public Service Commission in a separate Bill.

Changes have been made to the existing provisions in the Constitution which were thought too restrictive for the proper and efficient functioning of the Public Service Commission.

The Bill seeks to re-enact and provide a comprehensive part in our Constitution dealing with the public service. The constitutional changes brought about since independence have necessitated these changes. The Public Service Commission have also recommended other changes as a result of their experiences, especially after August 1965.

The Bill amends the Articles in the Constitution dealing with the qualifications and tenure of office of the Chairman and members of the Public Service Commission. There will now be a maximum of seven and a minimum of four members of the Public Service Commission, excluding the Chairman, instead of the present maximum of four and minimum of two members. The provisions relating to the qualifications for membership have been redrafted to widen the choice of suitable candidates for membership. Article 74 in clause 2 of the Bill now contains, in more specific language, those disqualifications from membership.

Further, there have been doubts whether the present Article 80 would prevent the Public Service Commission from delegating any of its powers or functions, save to public officers. This may put in question the validity of certain decisions of the Public Service Commission and its delegates which were made in good faith. In several cases, the appointment of a delegate has been at the request, or with the express consent or approval, of the persons concerned with, or directly involved in, the exercise of the functions by the Public Service Commission.

To avoid litigation on procedural and technical grounds, provisions validating them have been inserted in Article 80D in clause 2 of the Bill so that no proceedings may be instituted or maintained against the Commission as a whole or any of its members for any exercise of such powers and rights. But where the bona fides of the Commission i3 challenged, and not just legal technicalities, a suit can be taken and remedy sought.

It is not the intention of the Government that those aggrieved by an excess of authority should be prevented from seeking legitimate redress as the law allows. But the Government has to, and is prepared to, take the responsibility, with the support of Members of this House, to move validation clauses in the new Bill, to negate frivolous or vexatious attempts at litigation.

These changes, I hope, will enable the Public Service Commission the more efficiently to carry out their functions.

Sir, I beg to move.

Question proposed.

3.10 p.m.

Mr Teong Eng Siong (Sembawang): (In Mandarin): Mr Speaker, Sir, I fully support this Bill. Its purpose is to strengthen the hands of the Public Service Commission so that it will be more effective in doing its work. We know that the P.S.C, is busy all the year round, because it has to deal with thousands of applications for appointments as public officers and other jobs. There are only a few members sitting on the Commission and, as such, they are tied down to their work, and consequently there are delays in dealing with applications. Therefore, the amendment Bill has been introduced at the most appropriate time.

Sir, we know that the Public Service Commission is a very important institution of the state. Its membership comprises capable citizens who will ensure that the public service will have the best qualified people who can perform their duties well. They will also be able to serve their country well.

With regard to the appointment of members to the Public Service Commission, there is a stipulation in the Bill that Members of Parliament can also be recommended to be members of the Public Service Commission. This will enable some Members of Parliament to be appointed as members of the P.S.C, and render their services to the country well. In view of all this, I support this Bill.

Mr Speaker: Does the Prime Minister wish to reply to the Member for Sembawang?

The Prime Minister: I have nothing to add.

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. - [The Prime Minister].

Bill considered in Committee.

[Mr Speaker in the Chair]

3.13 p.m.

Clause 1 ordered to stand part of the Bill. Clause 2 -

The Prime Minister: Sir, I beg to move,

In page 5, line 20, after "transfer", to insert ", dismiss".

The amendment is being moved to make quite sure that, although by implication the validatory provisions include "dismiss", in fact, they do include the word "dismiss".

Amendment agreed to.

Clause 2, as amended, ordered to stand part of the Bill.

Bill reported with an amendment; read a Third time and passed. MOTIONS: