LEGAL PROFESSION (AMENDMENT) BILL

[Mr Speaker in the Chair]

Order for Second Reading read.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time".

Sir, the Bill that is now before the House seeks to amend the Legal Profession Act in respect of two matters: firstly, in regard to the necessity of legal officers obtaining practising certificates to practise as solicitors, and secondly, in regard to the nationality of those in charge of the conduct and discipline of practising members of the Bar.

In respect of the first amendment contained in clause 2 of the Bill, the general provisions of the Act on this matter require, in the first instance, the obtaining of a practising certificate, before a qualified advocate and solicitor, who has been admitted to practise by the Court, is in fact able to carry on practice as an advocate and solicitor. There are, at the present moment, certain exemptions to the general requirement. These are contained in subsection (2) of section 30; for example, solicitors employed by certain Statutory Boards, like the Housing and Development Board, the Public Utilities Board, the Economic Development Board, the Jurong Town Corporation and the Port of Singapore Authority, may now practise in certain matters as may be specified in a certificate issued by the Attorney-General. Upon the certification of the Attorney-General, the Registrar of the Supreme Court will issue to such a solicitor a certificate in lieu of a practising certificate. The solicitor concerned would then be able to practise in such branches of the law and only in his capacity as an employee of the various Statutory Boards in which he is employed. Unfortunately, this exemption clause has been found to be defective in the sense that it would not apply to a member of the Legal Service, who may not even defend any member of the Legal Service, or Civil Service, who is or may be sued in his private capacity for acts done in the course of his official duties. It is in order to remove this restriction that the present amendment has been devised. Legal officers who, in the course of their duties, meet with difficulties by way of having suits brought against them, will be able to, where they so desire, have the services of a State Counsel. I must add, however, that this amendment will not preclude private practitioners from acting on behalf of those officers, nor will it restrict the choice of solicitors by those who may be faced with legal action in such circumstances.

The second amendment, that is, in clause 3 of the Amendment Bill, will have the result of confining the eligibility of membership in the Council of the Bar, which is the body responsible for the maintenance of standards of etiquette and of conduct of members of the legal profession, solely to those who are of Singapore nationality. It has been felt that so important a body, as the legal profession, should be managed, in such important matters as disciplinary control, by those of that profession who are our own citizens so that they may reflect, it is hoped, the needs, aspirations and standards of behaviour of not only the profession but also of the society in which they live and practise. It is felt that nationals with their roots in the country would be more in a position to set standards which would be acceptable to all in the country.

I understand, however, that in so far as the present members of the Council are concerned, they are all Singapore citizens so that in effect the Bill will only affect the future membership of the Council.

The last amendment in clause 4 has been asked for by the Council itself in reducing the number of members necessary to form a quorum from seven to five. The Council of the Law Society feels that it would be quite impracticable to insist on seven out of ten members in the Council to be present in order to form a quorum. Recent amendments have had the effect of reducing the overall size of the Council, and it is for this reason that a reduction in the number necessary for a quorum has been requested.

Sir, I beg to move.

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.-[Mr E. W. Barker].

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