PARLIAMENT'S AUTHORITY OVER THE EXECUTIVE AND RESPONSIBILITIES OF MINISTRIES TO PARLIAMENT

5.47 pm

Mr J.B. Jeyaretnam (Anson): Mr Speaker, Sir, I have asked to speak today on the Motion for the Adjournment on a subject which I consider very important for us to examine in our society. It is not, Mr Speaker, Sir, may I assure you and the Members, a mere exercise in academics nor is it due to a craving for publicity which I am sure will be attributed to me by our press from the Ministry of Propaganda.

Mr Speaker, Sir, it is perhaps appropriate that I should raise this and the subject, of course, is what role do we envisage for Parliament (this body that gathers here in this Chamber) in the task of governing ourselves in Singapore. It is, as I said, perhaps appropriate that we should examine this question because it is possible that before the end of the year there may be elections for a new Parliament, as the life of this Parliament comes to an end. We shall be spending quite a large sum of money in providing for elections to Parliament. Not only that, Parliament itself the institution, costs us something like $6 million annually, paid out of taxpayers' money. So it is not a mere academic exercise. It is perhaps also an economic question - whether the taxpayers are getting value for the $6 million which they are asked to pay every year.

Mr Speaker, Sir, the question that I propose to ask in these 20 minutes or so is: what is the role that we envisage for Parliament? I hope I will be forgiven if I go back a little and discuss about the role as the originators of parliamentary government saw it. Whether we like it or not, Mr Speaker, Sir, when we decided way back in 1959 to cut our ties with the colonial power, we decided that their system of government was the government most suited for us and we decided to inherit it and to adopt it for our system of government. Therefore, I make no apology for going back to the role and the purpose, as they saw it, of parliament. And I wish, Mr Speaker, Sir, to refer to a book written by Mr Quentin Hogg as he then was and is now the present Lord Chancellor of England. The book is entitled "The Purpose of Parliament" and that is what I am here about - the purpose of Parliament. After making the point that Parliament is the central feature of our system of government, he goes on to ask the question: what is the purpose of Parliament? And he goes on to say:

"It is true that Parliament is the body which controls public finance, appoints and dismisses Governments, and under whose authority all our laws are passed."

And then he goes on to say:

"The powers of Parliament are the marks of the successive struggles which had to be undergone before Parliament could achieve its purpose efficiently.

Of course, Mr Speaker, Sir, every student of constitutional history will know about the struggles ,- how Parliament fought to be the only body which could raise taxes and that the monarch or the executive might not raise or levy any tax without, first of all, Parliament approving the specific tax. That is all history. But it is important that we should remind ourselves of it.

He then goes on to say this, Mr Speaker, and that is very apposite for us. He says:

"Parliament is by its very definition an instrument of discussion."

And he talks about soldiers in the army, complaining that Parliament seems to do nothing but talk and his explaining to them that that was what Parliament was for. [Laughter] I know it is very amusing to Members of Parliament. But he goes on to explain and I read from him:

"The object of Parliament is therefore not primarily efficiency in administration; indeed, in many ways it is obviously less efficient than a dictatorship. It is not even to achieve a logical or perfectly just system of laws, although over a period of centuries k is more likely to achieve this end than any other system of government. Parliament is the device for government by discussion [I repeat that Mr Speaker, Sir] Parliament is the device for government by discussion which Englishmen have developed through centuries in order that they may live in peace and unity with one another."

Before that, he makes the point that you can have government either by force or by discussion and the more preferable, as he concludes, is a government by discussion. Therefore, as he saw it and, as he said, the English saw it when they came up with the idea of Parliament, Parliament was the organ which provided for government by discussion.

What role do we envisage for our Parliament? Do we, Mr Speaker, Sir, see Parliament as a place for theatrics with little or no relevance to the task of government, as our Prime Minister said not very long ago? I am sorry that he is not here. Or do we see this beautiful building maintained at the expense of the taxpayer again merely as a showpiece for tourists so that tourists who are being conducted around Singapore may be shown this Parliament building and told, "That is Parliament House in Singapore." And they go away feeling, "Oh, yes, they have got parliamentary democracy in Singapore." "Singapore is one place where they have got parliamentary democracy." Do we see Parliament in Singapore as the central feature of the Government in Singapore? Or do we see the Prime Minister's Department as the central feature of the Government?

I have said about discussion. Do we provide enough discussion in Parliament? Mr Speaker, Sir, in 1982, outside the sittings of Budget in March, which are statutory sittings and which are required by the Constitution, we sat only four afternoons. There were four sittings of Parliament consisting of 4 1/2 - 5 hours each. In 1983, even that was reduced. Outside the Budget sittings in March again, we only had two sittings of Parliament although one sitting lasted over two days when we were debating Medisave. So two sittings in a whole year - is that the purpose for which we have Parliament in Singapore, Mr Speaker, Sir? Is that why the taxpayers are asked to cough up $6 million every year? The Members of Parliament alone take up about $3 million of the taxpayers' money.

Mr Speaker, Sir, we have in Singapore today a situation where taxes are raised, fees are levied, charges are levied, without so much as a word in Parliament. I have said this before. Only not very long ago there was the increase in the taxes on vehicles. Then there was the increase in fees for TV sets and radios, increase in HDB shophouse rentals, and increases in several other things. Has Parliament been consulted? Has there been any discussion in Parliament before these increases were brought about? No. Has there been any discussion even after they were brought about? I know, Mr Speaker, Sir, we do have a provision that all increases shall be laid before Parliament. That provision is there. But what is the result of that? I am the Opposition Member of Parliament and if I wish to raise a motion on that, I cannot because there is nobody else to second the motion. So it goes unraised. I have tried this before without any success. So we cannot get any discussion going in Parliament on these increases. Not only that but, as I have said, Mr Speaker, Sir, it is the sole privilege of Parliament to raise taxes. We would seem to have signed away this right which belongs to Parliament, a right which we should jealously guard for ourselves, Members of Parliament. We seem to have signed away this right to Ministers by flat, because in every Act we say, "The Minister may prescribe the taxes", "The Minister may raise them from time to time." I was speaking, only this afternoon, about our delegating all our rights to the Executive. So what are we doing as a Parliament elected by the people to watch over the Government of their affairs in this country? Are we not failing in our duty? It is not only the question of taxes, Mr Speaker, Sir. There is the question of expenditure. It would appear that we can commit our taxpayers to spend about $1 billion without even bringing it before Parliament. Should not major expenditure on any item be first brought before Parliament? I ask, what is the role we envisage for Parliament? Is Parliament a white elephant?

There is the other question about policy decisions. The Executive, the Government of the day, makes decisions. We have just recently had a decision, a ruling which affects people's rights, people's privileges. I am, of course, referring to the admission to schools. Has there been any discussion in Parliament before that about the Government policy decision? I could go on and on, Mr Speaker, Sir, but I have only got 20 minutes. But that is the situation as regards Parliament in Singapore today. We have the form of Parliament. We are very good at adopting the various forms. But may I, Mr Speaker, Sir, craving your pardon, read to you what Jennings has to say about this. Jennings is another Constitutional lawyer and he is known to every student of law. And he writes about Parliamentary democracy. He quotes Lord Burleigh who says, "England can never be ruined but by a Parliament", that is, when Parliament abdicates its rights. And he quotes Junius who says:

"We can never really be in danger till the forms of Parliament are made use of to destroy the substance of our civil and political liberties, till Parliament itself betrays its trust [And I repeat, Sir, that Parliament has a sacred trust] to look after the affairs of its citizens by contributing to establish new principles of government and employing the very weapons committed to it by the collective body to stab the Constitution."

That, Mr Speaker, Sir, I am afraid is what is happening in Singapore. And as Jennings goes on:

"The whole constitutional machine is, however, impregnated with the principles of democratic parliamentary government."

And he says here, Mr Speaker, Sir:

"At the peak stands Her Majesty's Opposition, ready and able".

[Laughter], Yes, you may laugh, but if you want parliamentary government, you have got to take note of this:

"At the peak stands Her Majesty's Opposition, ready and able to pounce on injustice and oppression even more readily than upon defects of policy."

Mr Speaker, Sir, I know that since 1963 (or was it 1965) Parliament has consisted of a single party. But whether the Government liked it or not, the people decided in October 1981 that Parliament should no longer continue to consist of a single party. They decided that there should be a Member from another party in Parliament. So Parliament became a dual pany Chamber. Now, we have Standing Orders. I have mentioned this before and I have had no response. I would like to hear from the Leader if he is going to reply to this question. I have said this before. I have been here, as a Member, for now more than two years. Am I on any single Committee of this House? I would like to know from the Leader why is it that the Opposition Member has been excluded from any Committee of this House, because Committees are the agencies through which a lot of the control of Government expenditure can be effected. Committees are the agencies through which checks can be kept on Government executive decisions, and if these Committees do not reflect the composition of the House, then Parliament is not serving its purpose. As I see it, Standing Orders say that they must reflect the composition of the House, and so the question may arise as to whether these Committees have been valid since 1981.

Mr Speaker: You have five seconds left.

Mr Jeyaretnam: Five seconds, Mr Speaker, Sir! I would ask, Mr Speaker, Sir, your indulgence.

Mr Speaker: I think your time is up now.

Mr Jeyaretnam: May I just finish, Mr Speaker, Sir?

Mr Speaker: How long would you take? Three words?

Mr Jeyaretnam: May I ask, please - - -

Mr Speaker: Carry on. One sentence, and that is the end of it.

Mr Jeyaretnam: Just two minutes, Mr Speaker, Sir.

Mr Speaker: You cannot, because the Standing Orders say "20 minutes" and you have expended 20 minutes.

Mr Jeyaretnam: I would ask that a Committee be appointed ---

Mr Speaker: All right. That is all.

Mr Jeyaretnam: --- to look into the whole question of the role of Parliament and also about the rights of Members, whether a Member is entitled to information from Ministries. I have been withheld information by Ministries. Is that not a contempt of Parliament?

The Leader of the House (Mr E.W. Barker): Mr Speaker, Sir, the People's Action Party has been in power in this House since 1959. This is the most patronizing lecture I have heard about parliamentary democracy since then. He asked a direct question: Why has he not been appointed to any of these Committees? I will tell him why. The relevant Standing Order 95(l)(b) says:

'The Committee of Selection shall consist of the Speaker as Chairman, and seven Members of Parliament to be appointed by Parliament, in such manner as shall ensure that, so far as is possible, the balance between the Government benches and the Opposition benches in Parliament is reflected in the Committee.'

Mr Speaker, Sir, there are about seven Committees, for which the same phrase is used, which consist of yourself as Speaker and seven Members of Parliament. Seven times seven is 49. The balance in this House is 74 to one. The hon. Member, therefore, does not qualify. He would be well advised to try and get some other Workers' Party members in this House. When he has a few, then one of them can be sitting on these Committees. But 74 to one, you have no chance.

He talks of the Executive. He talks of the Government ignoring Parliament. We are in power. The Legislature consists of Parliament and the President. In Parliament there are, besides yourself Sir, 73 of us, and one of him. The Executive has been for a long time one-man band consisting of the President and the Cabinet all of whom belong to one Party. On this question of the Executive reporting to Parliament, we have been reporting to ourselves for years. Why should we report to you? If I may say, you are like a one-man band, knocking your own drums, clashing your cymbals and blowing a trumpet. We have been here for a long time. You have not even been here for two years and you tell us that Parliament does not exist in Singapore. We are spending $6 million and for what purpose? Why do you think we came today? To have the Budget. We are having a debate on the Budget, a debate in the Committee of Supply. And when we choose to call Parliament, we will do it on our own wish, not at the beck and call of the hon. Member. We have got work to do. We have got to come here and pass Bills, but not to satisfy him or his conscience.

The Member grumbles that he has not been given enough time. Sir, I have made an estimate of the percentage of time the hon. Member has taken in this House. Of all the Sittings since he was elected to this House, on the average he has taken 13.68%, roughly 13% of the whole time of this House. Does he expect us to give him 50%? We will carry on as in the past. Having listened to his lecture, I know he is a great believer in British institutions. We do not run British institutions down here. And we cannot follow them to the tee.

Sir, he asked another question - he wants a Committee to be formed to look into these Committees. I am afraid I cannot agree.

Mr Jeyaretnam: On a point of clarification, Sir.

Mr Barker: I am not giving way to you. On a point of order, I will give way to you.

Mr Speaker: Please sit down. He does not give way.

Mr Barker: I did not interfere with you. You had 20 minutes. In fact, 22 minutes.

Mr Jeyaretnam: You have mis-stated what I said.

Mr Barker: I am not mis-stating.

Mr Jeyaretnam: You are.

Mr Barker: Well, state what you want to state.

Mr Jeyaretnam: What I said was that a Committee be appointed, not to look into another Committee, but into the whole question of how Parliament can exercise better control over the Executive. That is very important if you believe in Parliament.

Mr Barker: Why should Parliament control the Executive? Where in the Constitution does it say that Parliament controls the Executive?

Sir, I am reading from the Constitution:

'The executive authority of Singapore shall be vested in the President and exercisable subject to the provisions of this Constitution by him or by the Cabinet or any Minister authorised by the Cabinet."

That is the Executive.

On the Legislature, it says:

'The Legislature of Singapore shall consist of the President and Parliament."

That is it. Nowhere in the Constitution does it say that the Parliament controls the Executive. We work together. And as I pointed out to the Member, the Executive is all PAP. This House is nearly all PAP. Who do we report to? The hon. Member? Surely not! [Applause].

Question put, and agreed to.

Resolved,

That Parliament do now adjourn.

Adjourned accordingly at Sixteen minutes past Six o'clock pm to Monday, 12th March 1984. Appendix I - INDIVIDUAL INCOME TAX REDUCTION UNDER REVISED RATES SCHEDULE FROM YEAR OF ASSESSMENT 1985 (Cols. 469 - 470) Appendix II - DUTIES ON CIGARETTES AND TOBACCO (Cols. 471 - 472) Appendix III - DUTIES ON LIQUORS (Cols. 473 - 474) Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. Please refer to Hansard document. 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