Parliament passes law for President, ministers to hold international roles in private capacity

SINGAPORE: Parliament on Wednesday (Nov 22) approved a legal framework for the President and ministers to hold roles in foreign and global organisations in their private capacities, if it is in the national interest.

Eight opposition lawmakers from the Workers’ Party (WP) and Progress Singapore Party (PSP) voted against the law, while 75 lawmakers from the ruling People’s Action Party (PAP) voted for it.

Constitutional amendments require at least a two-thirds majority, or 60 votes, in order to pass. The vote excludes nominated Members of Parliament (MPs).

With the passage of the Constitution of the Republic of Singapore (Amendment No. 3) Bill, the President can perform international roles when the Cabinet advises that it is in the national interest to do so.

The Prime Minister’s Office (PMO) tabled the amendments at the last parliamentary sitting on Nov 6, saying in a media release that holding such positions can enhance Singapore’s international standing.

In his opening speech, Deputy Prime Minister Lawrence Wong said the Bill provides a “principled framework” to govern how the President and ministers take on international appointments in their private capacities, if required by the national interest.

He said the amendments will help ensure that Singapore safeguards the “dignity and status” of its leaders, while enabling them to make significant contributions in international bodies and shape global thinking in the interest of the country.

“In this way, we can make the most of the expertise, experience, and personal standing of the individuals we elect to office, so as to advance Singapore’s interests and reinforce our value to the world,” said Mr Wong.

During the two-and-a-half hour debate, Mr Wong called on opposition MPs not to oppose "for the sake of opposition" something that will "clearly advance Singapore's interests".

The current President, Mr Tharman Shanmugaratnam, was sworn in on Sep 14 after a landslide victory at the Sep 1 polls. The former Senior Minister resigned from all positions in the government and the People’s Action Party to stand in the presidential election.

He has been chairman of the board of trustees of the Group of Thirty (G30), an independent global council of economic and financial leaders, since 2017.

Mr Tharman also sits on the World Economic Forum’s board of trustees.

He co-chairs the Global Commission on the Economics of Water, which makes recommendations to the United Nations and other international forums, as well the advisory board for the UN Human Development Report.

CABINET’S CONSIDERATIONS

The Cabinet had considered this matter and agreed that it was in the national interest for Mr Tharman to continue holding his appointments as President, said Mr Wong.

He said the government originally intended for Mr Tharman to continue serving his international appointments in his official capacity. However, the Attorney-General advised the Cabinet that this was "not ideal".

This is because international bodies want appointees to bring with them their official status and reputations, but also contribute independently to achieve the aims of the organisations.

"If the President were to serve in these international bodies purely in his official capacity, then he would be limited to representing the official Singapore position in everything he says," said Mr Wong.

"That would not be in keeping with the requirements of these organisations. Nor would it be in the interest of Singapore for our President to be so limited, as it restricts our ability to shape global conversations and initiatives."

Mr Wong added that from Singapore’s perspective, there is “value” having the President represented on such bodies.

“It enables us to be plugged into global conversations, and to understand and help shape the thinking that takes place in these important and influential international bodies,” added the Deputy Prime Minister.

“But for this to happen, the President must be able to function credibly in these international bodies, by lending his expertise to advance the agenda on broader issues of concern to these organisations.”

The Cabinet concluded that the President should be allowed to contribute to these international appointments in his “independent and private” capacity, as this is beneficial for Singapore.

Given the Attorney-General’s advice that such an arrangement is currently not “clearly provided” for by the Constitution, constitutional amendments are needed, Mr Wong added.

WHAT THE PRESIDENT AND MINISTERS CAN DO

Mr Wong said the amendments allow Singapore’s President to accept international appointments in a private capacity, with three conditions:

• The appointment must not breach existing rules in the Constitution, which already prohibit the President from actively engaging in commercial enterprises.
• The Cabinet must assess the appointment and advise the President that it is in the national interest to accept it.
• The President, “acting in his discretion, must concur with the advice of the Cabinet”.

The Cabinet can advise the President on his execution of the role, so that it is in Singapore’s national interest. The President must act in accordance with any such advice.

The Cabinet will generally advise the President against commenting on domestic politics, laws and policies; making any commitments on behalf of the government or Singapore; and keeping any pay or benefits from the appointment, said Mr Wong.

The President must also step down from any international appointment if advised to do so by the Cabinet. Any appointment or relinquishing will be made public in the government gazette.

Mr Wong added that international appointments are not part of the custodial powers of the elected presidency, and the President does not need to consult the Council of Presidential Advisers on taking up an appointment.

The constitutional amendments also introduce a similar framework for ministers.

Under the existing Code of Conduct for Ministers, ministers can and do already take on external roles in their private capacities if the Prime Minister considers it to be in the national interest and gives permission.

This is now enshrined in the new legal framework.

Unlike the President, ministers must get the Prime Minister’s permission and are subject to his instruction. This will include being instructed not to breach collective Cabinet responsibility to support government policies.

None of the amendments apply to the Prime Minister. “Previous and current Prime Ministers have not undertaken any such international appointments, and we do not expect future Prime Ministers to do so,” said Mr Wong.

Mr Wong also noted that Senior Minister Teo Chee Hean currently sits on the international advisory committee of TotalEnergies, and donates the honorarium he receives.

He said Prime Minister Lee Hsien Loong intends to allow Mr Teo to continue with this appointment under the new framework.

CONCERNS BY PARLIAMENTARIANS

Opposition parliamentarians voiced their disagreement with the Bill, while PAP MPs raised some concerns but supported the law.

Ms Denise Phua (PAP-Jalan Besar), Mr Gan Thiam Poh (PAP-Ang Mo Kio), Mr Yip Hon Weng (PAP-Yio Chu Kang) and Mr Gerald Giam (WP-Aljunied) asked how external roles held in a private capacity could impact, and potentially distract from, the President’s official duties.

Mr Giam noted that the President earns more than S$1.5 million (US$1.1 million) a year, and that the government budget for the President’s office was more than S$12 million in FY2022.

“This is a substantial amount of taxpayer money. It is only reasonable for Singaporeans to expect that he dedicates all his time and energy in his official capacity to meeting his promises to the people,” he said.

Mr Giam called for closer examination of how the President's international roles advance Singapore's national interests.

He also questioned how the President would be able to contribute independently to international bodies “if the Cabinet can instruct the President what to say or not to say”.

Mr Yip said it was important for the public to be able to discern when the President or a minister is acting in an official or personal capacity.

He asked for clarity around finances, such as whether the office-holders would keep the remuneration for their external roles, and who would pay for travel associated with these appointments.

MPs also asked how the Cabinet would vet international roles to assess if they are in the national interest and appropriate for Singapore’s leaders.

“What is the meaning of ‘serving national interest’? What are some examples of what might be beneficial or not quite beneficial to the nation?” asked Ms Phua.

PRIVATE VIEWS ARE NOT PRIVATE INTERESTS: LAWRENCE WONG

In his closing speech, Mr Wong said the national interest generally means being “helpful in advancing Singapore’s standing and interest on the international stage”.

“There should be benefits, be it direct or indirect, to Singapore as a whole or the government agency which oversees the sector that the organisation operates in.

“There might also be clear outcomes we want to help to progress through these arrangements,” he said. These could be shaping the global agenda, staying plugged into global discussions, and “generating mindshare” for Singapore among thought leaders.

Mr Wong stressed that a key role of the President is to be Singapore’s “top diplomat”, and that international participation is part of how he serves the country.

“He contributes his private views to these organisations, but he is going on these trips in the national interest, not for his private business,” he said.

Mr Wong said it was hence “proper” for the government to foot the bill for working trips the President makes for these international roles, and that the government’s resourcing support would be “no different” from an official trip by the President.

He also confirmed that the President and ministers may not keep any remuneration or benefits connected with appointments in their private capacity.

"The President has not received any such remuneration or other benefits, like an honorarium, from the international bodies that he is represented on currently.

"And should he be offered such benefit, the President is expected to decline it or to donate the sum to charity."

He added that this is already the current arrangement for ministers and will continue under the new framework.

On assessing international appointments, Mr Wong said the Cabinet would also consider the expected commitment, such as the meeting load and travel demands.

He said that opportunities to take up office in respected international institutions "don't come by all the time".

"But the few occasions when these invitations come by, I think we should treasure them," he said. "I cannot emphasise how much Singapore has gained because our top officials are regularly tapped on by international bodies and foreign governments."