Penal Code (Amendment) Bill

Order for Second Reading read.

Mr Speaker: Minister for Home Affairs.

5.57 pm

The Minister for Home Affairs (Mr K Shanmugam): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." I suppose I should read out yesterday's speech.

Sir, the Penal Code (Amendment) Bill will repeal section 377A of the Penal Code. As Members know, it criminalises acts of gross indecency between males, whether in public or private. This Bill is linked to the previous Bill in our Order Paper, the Constitution of the Republic of Singapore (Amendment No 3) Bill.

In the debate we have just had on the Constitution (Amendment) Bill, I have explained the reasons for repealing section 377A. Members have already raised their questions and expressed their views on both Bills during the earlier debate, although they are still welcome to do so now if there are any additional questions or views.

Before I sit down, Sir, I have gotten the transcript of what Mr Pritam Singh said yesterday. I think I should read it and put it on record.

He said, "The People's Action Party has announced that it is not lifting the whip for this debate. Given the very public opinion on the impending repeal of section 377A, there is a risk that the democratic value of the Parliament could be diluted if the views of Singaporeans on the subject are not adequately ventilated in the House."

That is the point I was responding to and that is simply untrue. It is inaccurate. It does not do this House any credit because you are entitled to ventilate your views, we have always been ventilating our views and it should not be thought of in public that if the whip is imposed, you cannot ventilate your views.

Mr Singh also explained that the Workers' Party will be lifting the whip and he was not talking about some years ago; he was talking about this debate. If needed, I can read out other paragraphs, but I think I am just reading out what he said.

Mr Speaker: Mr Singh.

5.59 pm

Mr Pritam Singh (Aljunied): Mr Speaker, that is an accurate rendition of what I said. But immediately after that, also, I said "not lifting the whip would deny Workers' Party Members of Parliament (MPs) not in favour of a repeal of section 377A the opportunity to vote freely and in doing so, to also represent Singaporeans who see this issue as a matter of deep religious belief and conscience".

But the Minister is not wrong when he says, even though the whip is not lifted, it is entirely true that Members can speak freely. I do not dispute that, Minister.

Mr K Shanmugam: Thank you. Mr Speaker, I thank the Leader of the Opposition for that clarification. And so, I stand by everything I have said earlier, which is based on an accurate understanding of what Mr Singh had said.

Sir, I think I am not seeing many people wanting to speak.

Mr Speaker: Any more clarifications or comments? No.

6.00 pm

Mr K Shanmugam: I beg to move, Sir.

Mr Speaker: The question is, that the Bill be now read a Second time. As many as are of that opinion, say "Aye".

Hon Members said "Aye".

Mr Speaker: To the contrary say "No".

Some hon Members said "No".

Mr Speaker: Whip.

The Government Whip (Dr Janil Puthucheary): Mr Speaker, may I call for a Division, please?

Mr Speaker: Will hon Members who support the Division, please rise in their places?

More than five hon Members rose.

Mr Speaker: Clerk, ring the Division bells.

After two minutes –

Mr Speaker: Serjeant-at-Arms, lock the doors.

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

Mr Speaker: Whip, you have claimed a Division, would you like to proceed with the Division?

Dr Janil Puthucheary: Yes, please, Mr Speaker.

Mr Speaker: Clerk, please proceed with the Division. I note that there are Members seated in the Speaker's Gallery. For Members seated there, the Clerk will call your name to indicate your vote.

Members seated within the Bar of the House will again vote electronically. They are reminded to be seated at their designated seats and should only start to vote when the voting buttons on the armrest start to blink.

The Clerk will first call the names of Members seated in the Speaker's Gallery to indicate their votes. These Members are to verbally state their vote indication when their names are called by the Clerk in alphabetical order.

The Clerk will now proceed to record the votes.

Thereupon, the Clerk read out the names of Members Mr Chua Kheng Wee Louis, Ms He Ting Ru, Ms Sylvia Lim seated in the Speaker's Gallery, one at a time, for them to indicate their votes.

Mr Speaker: The manual voting is completed. We will now proceed with the electronic voting for Members seated within the Bar of the House. These Members should only start to vote when the voting buttons on their armrest start to blink. Members seated within the Bar of the House may begin to vote.

Members seated within the Bar of the House are advised to check that their names are registered according to their vote indication when the electronic voting results are shown on the display screens. These results do not include the votes taken manually from the Members seated in the Speaker's Gallery and the final results are subject to the addition of these votes.

Ms Sim Ann.

Ms Sim Ann (Holland-Bukit Timah): My vote as "Aye".

Mr Speaker: Before I proceed to declare the results of the vote, are there any Members who wish to claim that his or her vote has not been recorded correctly? No.

Mr Speaker: I will proceed to declare the voting results now. There are 93 "Ayes"; three "Noes"; and zero "Abstentions". The "Ayes" have it.

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

Mr Speaker: Whip.

Dr Janil Puthucheary: Mr Speaker, may I call for a Division, please?

Mr Speaker: Would you like to call it during the Third Reading?

Dr Janil Puthucheary: Oh, yes.

Mr Speaker: Mr Dennis Tan.

6.08 pm

Mr Dennis Tan Lip Fong (Hougang): Sir, may I have my dissent recorded and for the others to have their dissent recorded too?

Mr Speaker: Could you do that during the Third Reading instead?

Mr Dennis Tan Lip Fong: Alright.

The House immediately resolved itself into a Committee on the Bill. – [Mr K Shanmugam].

Bill considered in Committee; reported without amendment.

Third Reading

Mr Speaker: Third Reading, what day?

Mr K Shanmugam: Now, Sir, I beg to move, "That the Bill be now read a Third time."

Mr Speaker: The Question is, "That the Bill be now read a Third time." As many as are of that opinion say "Aye".

Hon Members said "Aye".

Mr Speaker: To the contrary say "No". Whip.

Dr Janil Puthucheary: Mr Speaker, may I call for a Division, please?

Mr Speaker: Let me gather the voices. I think the "Ayes" have it. Clerks, please ring the bell.

After one minute —

Mr Speaker: Serjeant-at-Arms, lock the doors.

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

Mr Speaker: Whip, would you like to proceed with the Division?

Dr Janil Puthucheary: Yes, please, Mr Speaker.

Mr Speaker: Clerk, please proceed with the Division. I note that there are Members seated in the Speaker's Gallery. For Members seated there, the Clerk will call your name to indicate your vote.

Members seated within the Bar of the House will vote electronically. They are reminded to be seated at their designated seats and should only start to vote when the voting buttons on the armrest start to blink.

The Clerk will first call the names of Members seated in the Speaker's Gallery to indicate their votes. These Members are to verbally state their vote indication when their names are called by the Clerk in alphabetical order.

The Clerk will now proceed to record the votes.

Thereupon, the Clerk read out the names of Members Mr Chua Kheng Wee Louis, Ms He Ting Ru, Ms Sylvia Lim seated in the Speaker's Gallery, one at a time, for them to indicate their votes.

Mr Speaker: The manual voting is completed. We will now proceed with the electronic voting for Members seated within the Bar of the House. These Members should only start to vote when the voting buttons on their armrest start to blink. Please proceed to vote.

Members are advised to check that their names are registered according to their vote indication when the electronic voting results are shown on the display screens. Again, these results do not include the votes taken manually from the Members seated in the Speaker's Gallery and the final results are subject to the addition of these votes.

Before I proceed to declare the results of the vote, are there any Members who wish to claim that his or her vote has not been recorded correctly?

Mr Don Wee (Chua Chu Kang): I am registering my vote as "Yes".

Mr Speaker: It is registered as "Yes". Is that correct?

Mr Don Wee: Thank you.

Mr Speaker: I will now proceed to declare the voting results. There are 93 "Ayes"; three "Noes"; and zero "Abstentions". The "Ayes" have it.

Bill accordingly read a Third time and passed.