Clarification by Minister, Prime Minister's Office and Second Minister for Finance and National Development
Ministry of FinanceSpeakers
Summary
This clarification concerns factual corrections made by Minister and Second Minister Indranee Rajah regarding the constitutional procedures for the appointment and removal of the Attorney-General. Minister and Second Minister Indranee Rajah emphasized that the legal system protects the Attorney-General from political pressure through stringent safeguards involving the Prime Minister and the President. She clarified that the Constitution requires the President to act in his or her discretion when concurring with the Prime Minister’s advice, which follows consultations with the Chief Justice and other key officials. She further noted that removal is exceptionally difficult, requiring the President's discretionary concurrence with advice tendered only for specific causes like misbehaviour or infirmity. These constitutional requirements serve to ensure the independence of the Attorney-General’s office and maintain the overall integrity of Singapore's justice system.
Transcript
The following statements were in the speech given by the Minister, Prime Minister's Office and Second Minister for Finance and National Development (Ms Indranee Rajah) during the debate on the Motion regarding Singapore’s Justice System at the Sitting of 4 November 2020:
The Minister, Prime Minister's Office and Second Minister for Finance and National Development (Ms Indranee Rajah): Our system protects the Attorney-General from being subject to political pressure. First, with the appointment of the AG. The AG is appointed by the President on the advice of the Prime Minister. But the Prime Minister cannot do it just as a whim. The Prime Minister does it in consultation with the Chief Justice, in consultation with the incumbent Attorney-General and the Chairman of the Public Service Commission.
Appointment is one thing. The next thing is removal. It is very difficult under our system to remove the Attorney-General. Removal is by the President, and this time not acting on advice. It is by the President, acting in his or her discretion, and if it concurs with the advice of the Prime Minister, and the Prime Minister cannot tender such advice except if the AG is unable to discharge the functions of his office whether arising from infirmity of body or mind or any other cause or for misbehaviour. [Please refer to the debate on the Motion on "Singapore's Justice System", Official Report, 4 November 2020, Vol 95, Issue No 13.]
Written statement by Ms Indranee Rajah circulated with leave of the Speaker in accordance with Standing Order No 29(5):
In my speech on the Motion on Singapore’s Justice System I had said that the appointment of the AG was by the President on the advice of the Prime Minister. I wish to make a factual correction as the Constitution provides that the appointment of the AG is by the President if he acting in his discretion concurs with the advice of the Prime Minister. My reply should therefore read as follows:
The Minister, Prime Minister's Office and Second Minister for Finance and National Development (Ms Indranee Rajah): Our system protects the Attorney-General from being subject to political pressure. First, with the appointment of the AG. The AG is appointed by the President, if he or she acting in his or her discretion, concurs with the advice of the Prime Minister. The Prime Minister cannot do it just as a whim. The Prime Minister does it in consultation with the Chief Justice, in consultation with the incumbent Attorney-General and the Chairman of the Public Service Commission.
Appointment is one thing. The next thing is removal. It is very difficult under our system to remove the Attorney-General. Removal is by the President, not acting on advice. It is by the President, acting in his or her discretion, and if he or she concurs with the advice of the Prime Minister, and the Prime Minister cannot tender such advice except if the AG is unable to discharge the functions of his office whether arising from infirmity of body or mind or any other cause or for misbehaviour.