Singapore proposes law to govern foreign appointments for president, ministers

 Sharon See

Sharon See

Published Mon, Nov 6, 2023 · 12:50 PM
    • The Amendment Bill, if passed, will create a legal framework that enables the president to perform foreign and international roles in his private capacity, when the Cabinet advises that it is in the national interest for him to do so.
    • The Amendment Bill, if passed, will create a legal framework that enables the president to perform foreign and international roles in his private capacity, when the Cabinet advises that it is in the national interest for him to do so. PHOTO: BT FILE

    SINGAPORE is proposing a law to create a legal framework for how the president and ministers may accept appointments in foreign and international organisations in their private capacities, if required by the national interest.

    The Constitution of the Republic of Singapore (Amendment No 3) Bill was introduced in Parliament on Monday (Nov 6). It will be up for its second reading debate at the next sitting of Parliament.

    In a media statement, the Prime Minister’s Office (PMO) noted that from time to time, the president or ministers may be invited to take up key positions in foreign and international organisations.

    “Accepting such positions can enhance Singapore’s international standing and help to advance our national interest,” said the PMO.

    These organisations typically invite individuals to serve in their private – that is, personal – capacities rather than their official ones. But there is currently no provision in the Constitution to allow the president, as the head of state, to take up public roles where he acts in his private capacity.

    The Bill therefore proposes to amend the Constitution to create a framework that enables this, “when Cabinet advises that it is in the national interest for him to do so”, said the PMO.

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    Ministers are not currently prohibited from serving in foreign and international organisations in their private capacities, but “to ensure more comprehensive coverage”, the proposed law will also introduce a similar framework for ministers.

    President Tharman Shanmugaratnam currently holds a number of international appointments. He chairs the Board of Trustees of the Group of 30, a global council of economic and financial leaders from the public and private sectors and academia.

    He is also co-chair of the Global Commission on the Economics of Water, whose recommendations were considered at the United Nations Water Conference in March this year.

    Under the proposed new framework, the president may accept an appointment as long as he fulfils three conditions.

    First, the president must not be prohibited from performing that role under Article 19A(1) of the Constitution, which “prohibits the president from being actively engaged in any commercial enterprise”.

    Second, the Cabinet must advise the president that it is in the national interest for the president to accept the appointment. Third, the president must concur with the advice of Cabinet.

    Similar conditions apply to ministers taking up such roles.

    In addition, Cabinet may instruct the president – or the prime minister may instruct ministers – “against saying or doing anything in performing the functions of such an office”. If instructed to relinquish the office, the president or minister must also do so.

    If the president or minister accepts or relinquishes any such office under this framework, this must be published in the Government Gazette.

    Among other Bills introduced on Monday was the Significant Investments Review Bill, which requires government approval for major investments – from local or foreign sources – in “critical entities” not yet covered by existing legislation. Details of this Bill were earlier released on Nov 3.

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