PROMOTING SOCIAL COHESION
Mr Shanmugam shared that during public consultations, one common sentiment was that “this Bill only prevents racial disharmony, but does not promote racial harmony”.
“I can understand the perspective. What people want to see is something that will positively push people to be harmonious with each other across races,” he said.
However, people cannot be forced to get along with each other through the use of law, said Mr Shanmugam.
“That has to come through government policies, through the framework, the structure of society, how we build that DNA into society over time. And that is what we have been doing,” he said.
He said that laws provide a very strong legal framework and can be enforced against people, hence reducing and deterring bad behaviour. They are usually necessary only for a small minority of people, said Mr Shanmugam.
Outside of the law, there are frameworks in society through which policies can be promoted to enhance racial harmony, he said.
“The Bill … will not be a panacea for solving all race-related challenges, but it is a powerful signal of our resolve to remain united as one people,” he said.
IMPACT ON RACE-RELATED DISCUSSIONS
Addressing MPs’ concerns on the Act’s potential impact on stifling race-related discussions and a possible disproportionate use of the restraining orders by the authorities, Mr Shanmugam cited the example of the Maintenance of Religious Harmony Act, on which the new Act was modelled upon.
“We have had similar powers for over 30 years, and the powers have never been used. That gives you an indication of how the government approaches these powers,” he said.
“The important thing is to have the powers, but also to be very, very careful and judicious in how you use them.”
He added that there are safeguards in place governing the use of the restraining orders.
For instance, it can only be used by the Minister for Home Affairs, who has to be publicly accountable, including in parliament.
After an RO is issued, the individual can make representations to the presidential council, which can then recommend to the president how to proceed with it, such as whether to confirm or cancel it.
The president also has to follow Cabinet’s advice, and if Cabinet and the presidential council disagrees, then the president has the discretion on what to do, explained Mr Shanmugam.
