Presidential Council For Minority Rights - Powers and Functions

Powers and Functions

The PCMR may examine bills, subsidiary legislation, and written laws in force on 9 January 1970 for any "differentiating measure", which is defined as any measure "which is, or is likely in its practical application to be, disadvantageous to persons of any racial or religious community and not equally disadvantageous to persons of other such communities, either directly by prejudicing persons of that community or indirectly by giving advantage to persons of another community". All proceedings are conducted in private, and the Council is prohibited from hearing objectors or examining witnesses regarding any bill or law under consideration.

Such privacy means that the Council is denied even a modest "sanction" of publicity. Under the Constitutional Commission's original proposal, the PCMR was meant to hold its meetings publicly in Parliament, and publish reports of such proceedings. These proposals were rejected on the ground that such publicity might have the adverse consequence of giving members a public forum at which to further their own agendas. E.W. Barker, the Minister for Law and National Development, commented in Parliament that having the discussions in private helps to ensure that they are conducted frankly and constructively, and not held with an eye on the press or with a view to scoring political points.

The validity of such measures to promote free discussion may be negated by Article 87 of the Constitution, which provides that any Minister, Minister of State or Parliamentary Secretary specially authorized by the Prime Minister may attend these private meetings. There may be a real chilling effect on the deliberations when a guest might well be the author or a vocal proponent of the legislation being scrutinized.

Moreover, the Council's secrecy has been criticized as contrary to its status as a symbol of racial harmony in Singapore. The discharge of such a role requires that the PCMR projects an image of effectiveness, which the current requirement of secrecy arguably impedes. Secret discussions also prevent the public from being informed about controversial issues that may have arisen in the course of implementing new laws, especially those which may have an impact on the rights of minorities.