COMMENT: The politics behind shift in PAP’s thinking over Section 377A

SINGAPORE — Those who have jostled with the People’s Action Party (PAP) government know how hard a nut it is to crack, especially when it comes to getting the establishment to change policies. The thinking is that giving in to the push and shove by citizenry will embolden more groups to demand change. And the government’s mandate to rule will be weakened.

But that has not stopped Singaporeans. The ballot box has been a favourite tool, like when voters were so inflamed by then Prime Minister Lee Kuan Yew’s graduate mothers policy in 1984, which promised a leg-up to children of highly educated women for Primary One registration. PAP took a beating with its voter share plunging to over 60 per cent from a high 70s in the 1984 General Election (GE).

Then there was the voter fury against the sudden surge of migrants which saw the PAP’s majority slip further to a historic low of 60.1 per cent in the 2011 GE.

The announcement by Prime Minister Lee Hsien Loong in his National Day Rally speech last Sunday (21 August) that Section 377A (S377A) of the Penal Code, the law that criminalises gay sex, will be repealed proved that Singaporeans know how to bring about changes. One way is through Parliament and the other is through the courts.

Fifteen years ago, former Nominated MP and lawyer Siew Kum Hong got the ball rolling on S377A when he tabled a petition in Parliament to force the issue. He argued that the law is discriminatory and goes against the principle of equal protection guaranteed in the Constitution.

It was during that debate in 2007 when Lee said that the law will remain in the books but made a compromise that the legislation will not be enforced. What kind of law is that if it is not going to be enforced, some asked.

Siew’s action and the subsequent heated debate in Parliament set in motion a chain of court challenges culminating in one earlier this year which led to Chief Justice Sundaresh Menon’s ruling that the law could not be used to criminalise gay sex.

But it was not the first time such a landmark ruling was made. In 2012, the Court of Appeal said it disagreed with the Attorney-General (AG) that violations of constitutional rights occur only when somebody is prosecuted under an allegedly unconstitutional law.

Moreover, Lee said during the Rally that the Minister for Law and the AG had advised that there is a significant risk of S377A being struck down arising from a future court challenge on the grounds that it breaches the equal protection guaranteed under the Constitution.

The question then arises why the decision to change the law has come about only now and not after the 2012 ruling. There are two theories behind the government’s change of heart.

One is that societal attitudes are changing, and changing fast, especially among the younger generation. The longer the government drags its feet on S377A, the harder it is for it to hold the line.  And who knows, S377A can become a hot button issue in the next election. And that is the last thing the government wants, especially with a 4G government still trying to find its feet.

Two, with Lee on the last leg of his reign, taking ownership of a contentious issue and resolving it would enable him to leave behind a solid legacy.

I wanted to hear more about Lee’s timetable to hand over power to DPM Lawrence Wong as this will determine the future of Singapore. Lee cannot wait for long and decide to hand over power after the next GE. That doesn’t say much about the confidence he has in the 4G team.

It is better for Lee to let Wong and his team run the show and fight the next election on their terms. That will give voters a chance to see for themselves Wong’s team in action and make up their minds on the new leaders. It is a gamble but one worth taking given that Lee and the older ministers are still around to give the team a helping hand if necessary.

P N Balji is a veteran Singaporean journalist who was formerly chief editor of Today, as well as an editor at The New Paper. He is currently a media consultant. The views expressed are his own.

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