SINGAPORE — Parliament on Nov 22 passed a Bill to create a framework in the Constitution for the president and ministers to take on international appointments in their private capacities, if it is in line with national interests.
Presenting the Bill for debate, Deputy Prime Minister Lawrence Wong said there is value for Singapore's president to be on some international bodies, but the present arrangement where the Republic's top diplomat can serve in international appointments only in his official capacity limits him to representing the country's official position in everything he says.
This would not be in keeping with the requirements of such bodies, which expect their appointees to give their views independent of the governments or organisations they lead, he added in explaining why the Government was amending the Constitution.
There is no legal impediment for ministers to serve in international organisations in their private capacities if they have the prime minister's approval, DPM Wong noted.
But there is a novel situation when it comes to the president, as the prime minister cannot authorise the president to do likewise, he said. Prior to the latest amendment, the Constitution does not provide for the president, as head of state, to take up public roles where he acts in his private capacity.
"This Bill allows (the president) to express private views but still serve in the national interest, doing duties that are integral and part and parcel of presidential duties," said DPM Wong.
President Tharman Shanmugaratnam currently holds four international appointments — chairman of the board of trustees of the Group of Thirty; member of the World Economic Forum's board of trustees; co-chair of the Global Commission on the Economics of Water; and co-chair of the Advisory Board for the United Nations Human Development Report.
These are positions he held when he was senior minister, before he stepped down from Government in July to run for president. He now holds these roles in his official capacity as president, with the advice and support of the Cabinet, and does not receive any remuneration or other benefits from these appointments, said DPM Wong.
DPM Wong said the Cabinet had deliberated over allowing Mr Tharman to continue holding his international appointments in his official capacity after he was elected, as it had been done before. Former president Tony Tan Keng Yam was a member of the honorary senate of the Foundation Lindau Nobel Laureate Meetings while he was in office.
"We might even have given him latitude to express some independent views while contributing to these organisations... AGC (Attorney-General's Chambers) said this is not expressly prohibited by law, and if we had taken this approach people would be none the wiser," he said.
But the Government concluded that this would not be ideal for either Singapore or the organisations as the nature and parameters of the President's involvement would be unclear.
"We would essentially be operating in a new, novel and grey zone," he said. "And that's why the Government decided it's far better to be upfront, transparent and direct about this matter.
"Instead of operating in an area with some ambiguity, we come to Parliament, pass a proper and principled framework, and work within this framework going forward. That's the proper thing to do."
DPM Wong also disclosed that, out of an abundance of caution, Mr Tharman has not attended any formal meetings of the four international bodies he has been appointed to since Sept 14, when he was sworn in at the Istana as Singapore's ninth President.
During the debate, which saw 10 other MPs rise to speak, a recurring question was how the president would juggle his international obligations and his official duties in Singapore.
Ms Denise Phua (Jalan Besar GRC) asked if taking on such roles in his private capacity may divert the president's attention from his elected responsibilities, while Mr Gerald Giam (Aljunied GRC) said any time spent serving private interests will be time taken away from the president's national duties and his constituents, who are the people of Singapore.
DPM Wong said that the president serves both Singapore's domestic and international interests, and that the international dimension is part and parcel of his contribution to Singapore.
He stressed that when the president serves in such a capacity, he is contributing to his national duties.
"Undertaking this role, in a private capacity, does not mean that the President or the minister is somehow doing some ECA — some extracurricular activity — something that's outside of his work duties," he said.
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There is also confusion between private views and private interest, and allowing the president to serve in his private capacity in such positions serves the national interest, not the president's private interest, DPM Wong added.
Having accepted that the president's role covers both the domestic and the international, he acknowledged that questions on bandwidth are legitimate.
In assessing invitations for the president to take on international appointments, the Cabinet will consider the commitments expected by the role, such as the meeting load and travel demands, said DPM Wong.
"This will ensure that the president's holding of these roles remains to Singapore's benefit and will not in any way affect his ability to exercise the rest of his constitutional duties," he said. "The prime minister will likewise do the same for roles involving ministers."
DPM Wong also answered MPs' questions on how the Government defines whether such roles are in the national interest.
In general, taking on such a post should be helpful in advancing Singapore's standing and interest on the international stage, and offer benefits to Singapore as a whole or the government agency overseeing the sector that organisation operates in.
"For example, the president or the minister's participation could help advance views that are aligned with Singapore's outlook and approach on issues which help shape the global agenda in areas that are critical to Singapore," said DPM Wong.
In closing, DPM Wong said Singapore is at a stage of development where national interests are becoming more closely intertwined with global interests, and the Bill will help to strengthen Singapore's voice in the international stage and add to its participation in influential global forums.
The Bill was passed with Workers' Party and Progress Singapore Party MPs recording their dissent.
This article was first published in The Straits Times. Permission required for reproduction.
