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The repeal of Section 377A was perhaps the most important announcement coming out of the 2022 National Day Rally (NDR), but let's not forget that it wasn't the only thing discussed by Prime Minister Lee Hsien Loong.
As is usual for what is essentially the Singaporean equivalent of the American State of the Union address, there were touting of recent achievements, updates on future progress, and lots of applause.
Leaving aside 377A repeal for now, what can we glean from one of PM Lee's last few NDR speeches before he passes the baton to Deputy Prime Minister Lawrence Wong?
Covid-19
After two years where Covid-19 was the biggest and most urgent public issue, it came of something as a relief to hear PM Lee spend relatively less time on the pandemic, in a sure sign that society is transitioning towards living with Covid.
The news of the easing of mask restrictions was very welcome, and PM Lee rightly noted that our record of 1,600 Covid-related deaths could have been much higher if Singaporeans didn't all pull together and had mutual trust to abide by the rules.
The situation has improved to the point where PM Lee could even afford to make a light-hearted joke about the design of a new award to commemorate those who contributed to the fight against Covid -- two red lines. Imagine saying that in the dystopian era of 2020.
Infrastructure and the economy
But if Covid was less of an issue than it was previously, concerns about the economy are high, and will only rise along with the rate of inflation.
PM Lee outlined the global conditions that have led to these turbulent times -- the invasion of Ukraine by Russia, tariff hikes between China and the U.S., and a slowdown in China's growth.
"We have little influence over this global inflation picture. What is within our power is to make ourselves more productive and competitive," he said.
Gillian Koh, Deputy Director (Research) at the Institute of Policy Studies (IPS), noted PM Lee's mention of the Monetary Authority of Singapore (MAS) tightening exchange rate policy to strengthen the Singapore dollar, which helps to make imports cheaper.
She also noted that PM Lee used examples to provide "real dollar and cents quantums" on the assistance provided to the needy, such as a lower-income family staying in a 3-room HDB flat can expect about S$3,700 in support this fiscal year.
However, Koh said that the "novel point" PM Lee made was highlighting the fundamental shift in global economic conditions, and not just a short-term blip.
Looking to the future
Meanwhile, Eugene Tan, former Nominated Member of Parliament and Associate Professor of Law at SMU, said:
"The reassurance--that the government is ready to step in, if required--given by PM Lee using the NDR platform is noteworthy. I think PM is keeping his powder keg dry and that calibrated measures are needed depending on how the inflationary pressures develop.
Ultimately, Singaporeans are looking at what the government does about cost of living concerns rather than what it says about them."
On the updates for the ongoing Tuas Port, Changi Airport Terminal 5 and 150,000 new homes at Paya Lebar Air Base projects, Tan thinks it's to reassure young Singaporeans that public housing will remain affordable.
"PM Lee regularly paints the future in his NDRS, using them as examples of how the government plans long-term and is able to execute these plans," Tan said, giving other examples of Punggol 21 new town and Jewel at Changi Airport.
"They reinforce the idea that Singapore is and has to be forward looking and that Singapore will spare no efforts to make itself attractive to Singaporeans and the world because we make a living from the world," he added.
Global affairs
While PM Lee usually touches on global events in his NDR, this year's had what seemed like an extra-long portion. Then again, this is no ordinary year, with a war in Europe, what looks like a new Cold War in the Asia Pacific, and rising protectionist sentiments everywhere.
He repeated the fact that the Russian invasion violated the fundamental principles of sovereignty and territorial integrity, and explicitly linked it to Singapore's interests.
"This is particularly important to Singapore. Our security, even our existence, relies on countries upholding these principles. We cannot legitimise Russia’s wrongful actions," PM Lee said.
Tan believes it's a recognition that Singaporeans "must understand what Singapore is doing on the world stage." While foreign policy "seldom features significantly" in NDRs, Tan said, and added that Singapore should avoid being entangled in major power rivalry.
"I thought it was timely for PM Lee to explain why we had to speak up on Russia’s invasion of Ukraine. As he put it pointedly in his Mandarin speech: “If we do not stand firm and take a clear stand on the Ukraine crisis, should Singapore be invaded one day, no one will speak up for us”. PM’s observations that the era of peace and prosperity that we have become accustomed to is changing even as he spoke was poignant.
As he noted, “our region has enjoyed peace for so long that it is hard for us to imagine things being different”. But things can go wrong “suddenly and quickly” - as it has with Europe. Hence, his call to Singaporeans to “get real” and to be “prepared psychologically” for a more volatile and uncertain world. Sobering message but necessary!"
377A repeal
PM Lee's most eye-catching announcement was that the incumbent PAP government had decided to repeal Section 377A of the Penal Code, which criminalises sex between men.
He explained that the Attorney-General and Law Minister advised the government that it would be likely that 377A could be struck down in a future court challenge, and they wanted to avoid that. He added that it is a political question, not a legal one, and the courts are not the right forum to avoid such issues.
While 377A would be repealed, the government will also uphold the institution of marriage, and protect the legal definition of marriage as between one man and one woman from a court challenge.
PM Lee said that this change reflected what he believes most Singaporeans want -- not to criminalise sex between consenting men in private, but also to retain the basic family structure of marriage. He also emphasised the importance of Singaporeans remaining united and harmonious as a society.
Of the announcement(s), Koh said:
"The repeal is a significant move that the gay lobby has been working hard to bring about. It must be understood to include the strengthening the traditional notion of family and therefore, it is a move that balances interests across society.
The most important point however that PM Lee conveyed is that he wants Parliament -- elected representatives -- to discuss and make that decision and NOT the courts. This is unlike what has happened in India and Taiwan.
Once again, we pledged ourselves to be a democratic society and so the key locus of authority must be Parliament and that is the most important takeaway of how he delivered this plan. The process is even more important than the final outcome in law."
Tan had this to say:
"That we are doing the right thing even as it may be discomforting and disconcerting to segments of the population. 377A is an archaic law and the apex court had indicated recently that it could be unconstitutional.
It’s not the moral tone of society does not matter but we must be confident of our own values and seek to accommodate the LGBT community to the fullest extent possible."
He added:
"The imminent repeal of 377A makes it an urgent imperative for Singaporeans to consider what we would like to see in a post-377A Singapore. Enacting the constitutional and legislative changes is the easy part; making them work is the real challenge.
Given that deep differences are unavoidable and going beyond co-existence crucial, we urgently need to foster a conducive culture and develop a facilitative process in which we can seek common ground of how to live and let live."
Political price?
Following PM Lee's speech, Deputy Minister Lawrence Wong, Law Minister K Shanmugam and 2nd Law Minister Edwin Tong sat down for interviews with the Straits Times, Lianhe Zaobao and CNA to further clarify the government's position.
The ministers were asked about the "political price" that this move might have.
Wong said that's not how they look at the issue, and that they had to focus on doing what's right.
Tan said that he hoped "we can all see" that sometimes, unpopular things are done because it's the right thing for Singapore. He added:
"It would have been less risky, politically, for the PAP government to kick the can down the road such as let the courts declare that 377A is unconstitutional. But that to me would be very irresponsible as the state and society would have to react to that.
It is better for the government to make the anticipatory moves, as it plans to do, so that we can manage better and forge a new consensus on a post-377A future."
Koh said that one could say advocates on both sides are "equally happy or equally unhappy."
"The advocates for the LGBT community wanted the repeal but also equality in marriage and family formation so they are dismayed about the move to safeguard the traditional notion of marriage and family. So much of public policy currently is hinged on this fundamental value.
The conservatives who wanted Section 377A to be 'retained' would also be dismayed that it will now be repealed and wait to see how effective the move to safeguard the traditional notion of marriage and family will be.
She also picked up on a point that PM Lee made, which is that even some people who wanted a 377A repeal may not want other social policies changed.
Even those who countenance repealing 377A because it is difficult to police what happens in the bedroom between two consenting adults, would still say that there should be no spillover into the broader community by way of public and official notions of what marriage is; into what children are taught about how the genders relate to each other; and what is permitted content for general release to the public when it comes to film, the arts, and advertising."
So far, Singaporean ministries and stat boards have been quick to clarify that there will be no change to policies that rely on the definition of marriage as between a man and a woman.
IMDA stated there will be no change to policies on media with queer content, while the Ministry of Education said there would be no advocacy in classrooms.
Koh added:
"So there is real concern about the details of this move and whether it can be held in place for a long time to come. If, hypothetically, it feels flimsy, there could be not only an impact on how people vote (although this is also to suggest that a single issue has the power to determine a citizen’s vote) but also potentially, it could open up the space for a new political party to plug the conservative gap in the market so to speak.
It is difficult to tell what might happen now but I am just spelling out possible scenarios. It will depend on the specific details of how the Constitutional amendment that was mentioned will actually look and work."
PM Lee said the issue will be debated in full in Parliament, and Wong confirmed that the party Whip will not be lifted for the debate.
While some political parties expressed their support for the repeal, the two other parties in Parliament other than the PAP, the Workers' Party and the Progress Singapore Party, have declined to reveal their positions ahead of the debate.
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