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Parliament (Privileges, Immunities and Powers) (Amendment) Bill

Bill No. 21/1986

Read the first time on 25th August 1986.

An Act to amend the Parliament (Privileges, Immunities and Powers) Act (Chapter 49 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Parliament (Privileges, Immunities and Powers) (Amendment) Act 1986 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 3

2. Section 3 of the Parliament (Privileges, Immunities and Powers) Act (referred to in this Act as the principal Act) is amended by deleting subsection (1) and substituting the following subsection:

“(1) The powers, privileges and immunities of Parliament and of the Speaker, Members and Committees of Parliament shall be the same as those of the Commons House of Parliament of the United Kingdom and of its Speaker, Members or Committees at the establishment of the Republic of Singapore.”.

New section 3A

3. The principal Act is amended by inserting, immediately after section 3, the following section:

“Other provisions of Act not in derogation of section 3

3A. Nothing in this Act shall be construed in any way as derogating from the provisions of section 3 and the powers conferred on Parliament by other provisions of this Act shall be in addition to the powers conferred by that section.”.

Repeal of section 11

4. Section 11 of the principal Act is repealed.

Repeal and re-enactment of sections 20 and 21

5. Sections 20 and 21 of the principal Act are repealed and the following sections substituted therefor:

“Punitive powers of Parliament

20.—(1) For any dishonourable conduct, abuse of privilege or contempt, on the part of a Member, Parliament may —

(a)	commit him to prison for a term not extending beyond the current session of Parliament;
(b)	impose upon him a fine not exceeding the sum of $50,000;
(c)	suspend him from the service of Parliament for the remainder of the current session of Parliament or for any part thereof; and
(d)	direct that he be reprimanded or admonished in his place by the Speaker.

(2) Where a Member has been found guilty of abuse of privilege in respect of anything said in Parliament by him, Parliament may, by resolution and without prejudice to its powers under subsection (1), suspend him for such period as may be specified in the resolution from the privileges and immunities conferred by sections 3, 4 and 5 in so far as they relate to liability to civil proceedings; and during the period so specified such privileges and immunities shall cease to apply to the Member who shall be liable to civil proceedings in respect of anything said by him in, or any written statement made by him to, Parliament.

(3) For any contempt on the part of a stranger, Parliament may —

(a)	commit him to prison for a term not extending beyond the current session of Parliament;
(b)	impose upon him a fine not exceeding the sum of $50,000;
(c)	exclude him from Parliament and the precincts thereof for the remainder of the current session of Parliament or for any part thereof; and
(d)	direct that he be reprimanded or admonished at the Bar of the House by the Speaker.

Procedure in cases of contempt

21.—(1) If it is alleged or appears that any person has committed any offence mentioned in section 20, Parliament may —

(a)	if the offence is alleged to have been or has apparently been committed in the view of Parliament or in the precincts thereof when Parliament is sitting or in any committee, deal with the matter summarily, and, if satisfied that he is guilty of the offence, inflict any or all of the punishments provided in section 20;
(b)	refer the matter to any select committee for investigation, consideration and report to Parliament; or
(c)	if the offence is an offence mentioned in Part V, refer the matter to the Attorney-General with a view to the institution of criminal proceedings against such person.

(2) If, on the report of the select committee to which a matter has been referred under subsection (1)(b) —

(a)	Parliament is satisfied that any person is guilty of any offence mentioned in section 20, Parliament may inflict upon such person any or all of the punishments provided in section 20 and also in the case of a Member expel him; or
(b)	it appears to Parliament that any person may have committed any offence mentioned in Part V, Parliament may follow the procedure prescribed in subsection (1)(c).

(3) Notwithstanding subsection (1) and the Standing Orders if it appears to the Speaker that any Member or stranger has committed any contempt in the view of Parliament or a committee, the Speaker may deal with the matter summarily and, if satisfied that the Member or stranger is guilty of the contempt, inflict any or all of the punishments provided in section 20; and such decision of the Speaker shall take immediate effect but Parliament may by resolution annul or vary the decision.

(4) In determining the punishment for contempt by any person, Parliament or the Speaker, acting under subsection (3), may take into consideration any previous contempt committed by that person.

(5) For the purposes of this section and section 29A(2), “Speaker” includes the Chairman of any committee.”.

New section 29A

6. The principal Act is amended by inserting, immediately after section 29, the following section:

“Power of Speaker to issue warrants for arrest and imprisonment

29A.—(1) For the purpose of exercising the power of committal to prison, Parliament may, by resolution, authorise the Speaker to issue a warrant under his hand for the arrest and imprisonment of the offender.

(2) Where the Speaker exercises his power under section 21(3) to deal summarily with any contempt committed in the view of Parliament or a committee, he may on his own motion where, in his opinion, the circumstances of the case so require immediately issue a warrant for the arrest and imprisonment of the offender; and such warrant shall have the same effect as a warrant issued under the authority of Parliament.

(3) A warrant issued under this section shall be executed by a police officer; and where the warrant directs that the offender be detained in prison, the Director of Prisons shall receive the offender into his custody and detain him in accordance with the warrant.

(4) It shall be lawful for any person charged with or assisting in the execution of any warrant issued under this section to enter and search any premises, vessel, aircraft, vehicle or train in which the offender may be, or may reasonably be suspected of being, concealed.”.