Legislation and Law Reform Division

The Legislative Process

(A) The Agencies Involved

Instructing Ministry
A new policy proposed by a Ministry may require the enactment of a new Act or an amendment to an existing Act. In such cases, the Ministry will have to seek in-principle approval from the Cabinet in respect of the policy before approaching the Attorney-General's Chambers for the drafting of the new Bill or amendment Bill.  Such Bills are known as Government Bills (as compared with Private Members' Bills).

Attorney-General's Chambers
Ministries responsible for the administration of legislation may seek advice from AGC as to whether the proposed implementation of a policy requires amendment to the existing legislation or the enactment of any new legislation.

After a Ministry has obtained in-principle approval from the Cabinet on the proposed Bill, the Ministry will approach AGC for the drafting of the Bill. Usually a draft Bill is submitted by the Ministry to AGC for vetting. The Legislation and Law Reform Division ("LLRD") handles the vetting and drafting of all Government Bills in Singapore. Consultations and discussion will take place between the draftsman and the representatives of the Ministry to enable the draftsman to better understand the policy concerned so as to facilitate the drafting.

Ministry of Law
Approval from the Ministry of Law is required before any proposed Government Bill can be introduced in Parliament.

Parliament
The Legislature in Singapore is made up of the President and the Parliament of Singapore. It is the law-making body in Singapore. A Bill becomes law only when it is passed by Parliament and assented to by the President.

The procedure for the passage of Bills in Parliament is laid down in the Standing Orders of Parliament. Every Bill must pass through the following stages in Parliament:

(1) Introduction and First Reading;
(2) Second Reading;
(3) Committee stage (Select Committee where Parliament so determines);
(4) Third Reading.

(B) How is a Bill Introduced and Considered in Parliament?

Introduction and First Reading

A Bill may be introduced in Parliament by any Member of Parliament. A Government Bill is introduced by the Minister concerned. Any private member may also introduce his own Bill.

At least 2 clear days before a Government Bill is introduced in Parliament, a Notice of Introduction, signed by a Minister, must be given to the Clerk of Parliament together with a copy of the Bill. In the case of a Private Member's Bill, the Notice of Introduction must be given at least 4 clear days before the introduction of the Bill.

Certain Bills shall not be introduced except on the recommendation of the President.

On the First Reading of a Bill, the long title of the Bill is read aloud. The Bill is then handed over to the Clerk of Parliament who is responsible for printing and circulating the Bills to the Members of Parliament.

Second Reading
Except in the case of urgent Bills, no Bill may be read a second time until 7 clear days have passed after it has been printed and circulated to Members of Parliament and has appeared in the Gazette. On the Second Reading, a general debate may arise covering the general merits and principle of the Bill.

After a Bill has been read a second time, it shall stand committed to a Committee of the whole Parliament unless Parliament on motion commits it to a Select Committee. The Committee has the power to make such amendments to the Bill as it thinks fit.

After the Bill has been considered by the Committee of the whole Parliament, the Bill is then reported from the Committee of the whole Parliament where it is ready to be read a third time.

Select Committee
Where a Bill requires special consideration, Parliament may send it to a Select Committee comprising selected Members of Parliament. The public is invited to make written representations to the Select Committee on the Bill and may be invited to give evidence before the Select Committee on the matter. The deliberations and enquiries of the Select Committee are confined to the Bill and the relevant amendments.

After the Bill has been amended by the Select Committee, the Bill as amended is annexed to the Report of the Select Committee. After the Bill has been considered by the Select Committee, the Bill is then reported from the Committee of the whole Parliament where it is ready to be read a third time.

Third Reading
On the Third Reading of the Bill, amendments, if any, will be proposed. The debate at the Third Reading is confined to the contents of the Bill. Any reasoned amendment which raises matters not included in the Bill must be ruled out of order. The Bill is then put to vote.

(C) How Does a Bill Become Law?

Role of the Presidential Council for Minority Rights
Under our Constitution, all Bills passed by Parliament (except for money Bills, urgent Bills and Bills affecting defence, security, public safety, peace or good order in Singapore) must be forwarded to the Presidential Council for Minority Rights to ensure that they do not discriminate against any racial or religious community.

Presidential Assent
After the Bill has been scrutinised by the Presidential Council of Minority Rights, the Bill is presented to the President for his assent. A Bill becomes law (i.e., An Act of Parliament) only when it has been assented to by the President.

Coming into force
The date the Act comes into force is usually determined by the Minister in charge of the Act and notified by a commencement Notification published in the Gazette.

(D) Subsidiary Legislation

Acts of Parliament lay down the law in general. Some legislative schemes demand a high degree of flexibility, and may require considerable modification from time to time or may deal with matters which are very technical in nature. For these reasons, the Act will usually confer power on the body administering the Act (e.g., the Minister in charge or the statutory board concerned) to make subsidiary legislation. Subsidiary legislation are also drafted or vetted by  LLRD. The completed draft is sent back to the Ministry or statutory board to be signed and published in the Gazette. The subsidiary legislation may provide for a date of operation that is different from the date of the Gazette.

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