CONSTITUTION OF THE REPUBLIC OF SINGAPORE (AMENDMENT NO. 2) BILL

Order for Second Reading read. 2.35 pm

The Minister for Finance (Dr Richard Hu Tsu Tau): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The Public Service Commission is vested with the authority to appoint, confirm and emplace civil servants on the permanent or pensionable establishment and is also responsible for the promotion, transfer, dismissal and the exercise of disciplinary control over them. With about 70,000 employees organized into 158 schemes of service, the management of the Civil Service is a complex and massive task. The PSC has had difficulty coping with its heavy work load for some time. PSC members spend an average of 100 afternoons per year on Commission matters. This makes it very difficult to find suitable persons to serve on the PSC. This Bill therefore proposes to amend Article 105 (1) of the Constitution to allow an increase in the number of PSC members (excluding the Chairman) from 11 to 14. This increase will help to ease the work load on individual members.

To further improve the responsiveness and effectiveness of Civil Service personnel management, this Bill also proposes the setting up of two sub-Commissions of the PSC: the Education Service Commission and the Police and Civil Defence Services Commission.

Members of these two Commissions will be able to concentrate their attention on the staffing position of the services under their purview. With such specialisation, members will gain a better understanding and be more responsive to the peculiar needs of these services, and thus be able to address their problems more effectively. The services placed under the two Commissions form a substantial proportion of the senior officers in the Civil Service.

The Education Service has a population of over 21,000, It forms the largest group in the Civil Service. It is unique. The bulk of Education Officers are good classroom teachers who wish to remain as teachers. The service must be able to identify the best, those with the aptitude and temperament, to take on leadership roles. At the same time, the majority of classroom teachers must be motivated to continue performing well in class while remaining essentially in the same job until retirement.

The Police and Civil Defence Services, comprising Police, Narcotics, Prisons and Joint Civil Defence Services, number over 10,000. This group of services is also quite distinct from the rest of the Civil Service. They are paramilitary in nature, and are subject to special codes of discipline under their own organisational Acts. They have greater difficulties in recruitment and retention as a result of the additional demands of the uniform and the nature of work.

Each of the two groups of services have the critical mass to justify having their own Commissions. Together, they comprise half the total number of civil servants, and two-thirds of Division I officers. The PSC will then be left to manage a much more compact group of about 34,000 civil servants, including 4,000 Division I officers. The creation of the two Commissions will therefore not only improve the image and staff morale of the services involved, but also lead to more responsive personnel management for the rest of the Civil Service.

Having completely separate Commissions may result in uneven standards and unnecessary competition for the same scarce manpower. To avoid this, it is intended that each of the Commission will be chaired by a PSC Deputy Chairman and with two of its members being drawn from the PSC.

The PSC will retain the authority to appoint and promote officers into the top post in each of the services delegated to the two sub-Commissions. Disciplinary cases will also not be devolved to the sub-Commissions, to ensure uniform standards of discipline and punishment in the Civil Service. As the number of disciplinary cases is small, they can be effectively handled by the PSC. Existing powers of the Commissioner of Police to discipline junior police officers will remain unchanged.

Section (6)(b) in Article 110C of the Bill stipulates that the first Chairman of the two Commissions may be appointed for a period of less than three years. This is to enable the Government to appoint the Chairman of the PSC himself to chair the two new Commissions in their first year of operation, to help them get off the ground and to establish a common frame of reference. Thereafter, separate Chairman will be appointed to the two sub-Commissions.

Sir, I beg to move.

Question proposed.

Dr Lee Siew-Choh: Mr Speaker, Sir, looking through the Bill, I find that it seeks in clause 4 to establish two new services Commissions and, in fact, to split up the present constituted Public Service Commission into three separate services Commissions.

The proposed new Education Service Commission may appoint, as has been said, and promote all public officers of the Education Service, except the top post, ie, the Director of Education. But the dismissal and disciplinary control over the public officers in the Education Service continue to be the duty of the PSC as laid down in the Bill.

Similarly, the proposed Police and Civil Defence Services Commission will appoint, promote and transfer officers in the Police Service and Civil Defence Service except the top post, ie, the Commissioner of Police and the Commissioner of Civil Defence. But the dismissal and disciplinary control will continue to be the duty of the PSC. In other words, both the new services Commissions are still under the total control of the PSC. Presently, under Article 116(3) of the Constitution, the PSC may delegate functions to any member of the Commission or to any Board, to exercise functions under the direction and control of the Public Service Commission. Why then is it necessary to split up the PSC and form two other services Commissions?

The Minister has mentioned something about the work load. For that, it is difficult to understand the need for this change, Sir, as our Ministers may know by now, I have a rather suspicious mind. I have learnt that, Sir, after all these 30 years of suppression by the PAP. Has this Bill anything to do with the powers of the Prime Minister? The Prime Minister is here, he can answer that.

Under Article 105(1), the PSC is appointed by the President acting on the advice of the Prime Minister. If the PSC delegates powers to any member of the Commission or to any Board, the PSC is not obliged to consult the Prime Minister in order to do so. I may be wrong, let him correct me. But if there are three separate services Commissions, it will mean that the President, acting on the advice of the Prime Minister, will be able to exercise direct control over all the three services Commissions. He laughs. He knows it. Could that be the correct interpretation of why there is this change and split up of the PSC into three services Commissions? If that interpretation should be correct, then we could say that the whole exercise is intended to give more direct powers to the Prime Minister and also to institutionalise the whole process. It would seem, Sir, that all these amendments to the Constitution are designed to prepare the ground for increased powers of the Elected President. And you know who he is going to be!

Dr Arthur Beng Kian Lam: Sir. the GPC for Home Affairs and Law welcomes the formation of the Police and Joint Civil Defence Sub-Commission. It will indeed boost staff morale. I would like the Minister just to convey the feelings on three aspects to the PSC, namely, (i) that annual promotion exercises should be held; (ii) that there should be accelerated promotions; and (iii) that post-graduate scholarships be not limited to scholars only but to all well-deserving officers. We have mentioned these points in the Budget debate.

Dr Richard Hu Tsu Tau: Mr Speaker, Sir, I do not quite know how to respond to Dr Lee's statement. My only conclusion must be that he is trying to hog television time. I fail to understand him. He cannot even contain himself. He was laughing. So obviously he does not really mean what he says and he does not believe in what he is saying. I do not think I should dignify his statement with a proper reply. All I need to say is that the purpose of the Bill is to improve the operating efficiency of the PSC. It increases the number of members from 11 to 14 so that there will be more people available to work on the two sub-Commissions and ease the workload on the Commission as a whole. I think, by and large, the public will welcome this specialisation and the creation of the two sub-Commissions which will then be able to spend their time to specialise in the problems of the teaching profession and, of the uniformed services.

As far as Dr Arthur Beng is concerned, I would be pleased to convey his feelings to the Chairman of PSC.

Dr Lee Siew-Choh: May I say a few words, Sir. Let me inform the Minister that I have never been more serious in my life. Sir, you know, laughter is infectious, and when they laugh, I cannot help but laugh in return.

The Minister just cannot reply to what I have suggested because he dares not reply. The facts are there. It is up to him to show me that I am wrong. And if he does not show me that I am wrong, it means that I am right.

Dr Richard Hu Tsu Tau: Mr Speaker, Sir, am I supposed to respond to that?

Mr Speaker: The Question is, "That the Bill be now read a Second time."

A Division will be taken to ascertain that the Second Reading of the Bill is supported by the votes of not less than two-thirds of the total number of Members of Parliament, which is 54 Members, pursuant to Article 5(2) of the Constitution. The Clerk will ring the Division Bells.

Question put," That the Bill be now read a Second time."

Division taken: Ayes, 77; No, 1; Abstention, Nil. Ayes Ayes (cont.) Abbas Abu Amin Chay Wai Chuen Abdul Nasser bin Kamaruddin Chen Seow Phun, John Abdullah Tarmugi Chew Heng Chin Ahmad Mattar Chin Harn Tong Beng Kian Lam, Arthur Chng Hee Kok Chandra Das, S Chong, Charles Ayes (cont.) Ayes (cont.) Choo Wee Khiang Seet Ai Mee Chua Sian Chin Shanmugan, K Davinder Singh Sia Khoon Seong Dhanabalan, S Sidek bin Saniff Goh Chee Wee Sung, Peter Goh Chok Tong Tan Cheng Bok Goh Choon Kang Tan, Augustine H H Heng Chiang Meng Tan Keng Yam, Tony Ho Kah Leong Tan Soo Khoon Ho Tat Kin Tan Tee Yong, Philip Hu Tsu Tau, Richard Tang Guan Seng Ibrahim Othman Tay Eng Soon Jayakumar, S Teo Chong Tee Koh Lam Son Vasoo, S Koh Lip Lin Wan Hussin bin Hj Zoohri Lau Ping Sum Wan Soon Bee Lau Teik Soon Wang Kai Yuen Lee Boon Yang Wong, Aline K Lee Hsien Loong Wong Kan Seng Lee Kuan Yew Wong Kwei Cheong Lee Yiok Seng Yap Giau Cheng, Eugene Lee Yock Suan Yatiman Yusof Leong Horn Kee Yeo Cheow Tong Lew Syn Pau Yeo Ning Hong Lim Boon Heng Yeo Toon Chia Lim Chee Onn Yeo Yong-Boon, George Loh Meng See Yu-Foo Yee Shoon Low Seow Chay Zulkifli bin Mohammed Mah Bow Tan Ng Kah Ting No Ng Pock Too Ong Chit Chung Chiam See Tong Ong Teng Cheong Othman bin Haron Eusofe Abstention Ow Chin Hock Peh Chin Hua Nil

Mr Speaker: The Second Reading of the Bill has been carried by the votes of not less than two-thirds of the total number of Members of Parliament.

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. - [Dr Richard Hu Tsu Tau].

Bill considered in Committee; reported without amendment.

Third Reading

Mr Speaker: Third Reading, what day?

Dr Richard Hu Tsu Tau: Now, Sir. I beg to move, "That the Bill be now read a Third time."

Mr Speaker: A Division will now be taken to ascertain that the Third Reading of the Bill is supported by the votes of not less than two-thirds of the total number of Members of Parliament, which is 54 Members, pursuant to Article 5(2) of the Constitution. Ring the Division Bells.

Division taken: Ayes, 77; No, 1; Abstention, Nil. Ayes Ayes (cont.) Abbas Abu Amin Ng Pock Too Abdul Nasser bin Kamaruddin Ong Chit Chung Abdullah Tarmugi Ong Teng Cheong Ahmad Mattar Othman bin Haron Eusofe Beng Kian Lam, Arthur Ow Chin Hock Chandra Das, S Peh Chin Hua Chay Wai Chuen Seet Ai Mee Chen Seow Phun, John Shanmugan, K Chew Heng Ching Sia Khoon Seong Chin Harn Tong Sidek bin Saniff Chng Hee Kok Sung, Peter Ch'ng Jit Koon Tan Cheng Bok Chong, Charles Tan, Augustine H H Choo Wee Khiang Tan Keng Yam, Tony Chua Sian Chin Tan Soo Khoon Davinder Singh Tan Tee Yong, Philip Dhanabalan, S Tang Guan Seng Goh Chee Wee Tay Eng Soon Goh Chok Tong Teo Chong Tee Goh Choon Kang Vasoo, S Heng Chiang Meng Wan Hussin bin Hj Zoohri Ho Kah Leong Wan Soon Bee Ho Tat Kin Wang Kai Yuen Hu Tsu Tau, Richard Wong, Aline K Ibrahim Othman Wong Kan Seng Jayakumar, S Wong Kwei Cheong Koh Lam Son Yap Giau Cheng, Eugene Koh Lip Lin Yatiman Yusof Lau Ping Sum Yeo Cheow Tong Lau Teik Soon Yeo Ning Hong Lee Boon Yang Yeo Toon Chia Lee Hsien Loong Yeo Yong-Boon, George Lee Kuan Yew Yu-Foo Yee Shoon Lee Yiok Seng Zulkifli bin Mohammed Lee Yock Suan Leong Horn Kee No Lew Syn Pau Lim Boon Heng Chiam See Tong Lim Chee Onn Loh Meng See Low Seow Chay Abstention Mah Bow Tan Ng Kah Ting Nil

Mr Speaker: The Third Reading of the Bill has been carried by the votes of not less than two-thirds of the total number of Members of Parliament.

Bill accordingly read a Third time and passed.