Clarification by Minister, Prime Minister's Office and Second Minister for Finance and National Development

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:

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.