Getting the balance right on EP

Madam Halimah Yacob became Singapore’s first-ever female President last month. She is also Singapore’s first Malay President in 47 years – the preceding Malay President, Encik Yusof Ishak, was Singapore’s first President.

However, the historic significance of Madam Halimah’s election was lost in the discontent among Singaporeans over the fact that the presidential election was uncontested. The reactions of Singaporeans, though understandable, were not quite rational. They were rooted in two issues.

One, the perceived unfairness in the process. Some Singaporeans suggested that the reserve election system was introduced to strengthen the government’s hand in ushering in a presidential candidate of its preference.

But the system can potentially work against the ruling party if it is not able to win the support of the best people from minority groups who qualify to run in a reserved election.

Though Mdm Halimah, a former member of the ruling People’s Action Party (PAP), was the only candidate who qualified for the 2017 presidential election, I am confident that there will be minority candidates from outside the ruling party who will qualify to run in future reserve elections.

We cannot assume that the ruling party has the monopoly on talent, not least from our minority groups.

Two, the apparent affirmative action provided for in a reserve election conflicts with the idea of meritocracy, a key tenet of the Singaporean society which is almost sacrosanct for public office.

A reserve election keeps members from other racial groups, who could be better qualified, from running for President.

But it should be noted that high qualifying thresholds continue to apply even in a reserved election. This ensures that only those who can perform the constitutional duties of the President competently can take part in the election.

In the event that no one qualifies, the election will be opened to all. This, in my view, does not go against the idea of meritocracy.

Beyond the emotions, the big-picture question underlying the recent changes to the Elected Presidency (EP) is whether they dilute the ability of the elected president to protect Singapore’s two key assets - our fiscal reserves, and the independence and integrity of our public service.

The presidency was made an elected one in 1991 so that the Elected President will be endowed with the people’s mandate to veto the elected government’s decisions to wastefully spend away the fiscal reserves or have people put into public office not by their merit.

AN EFFECTIVE CHECK NO MORE?

It is noteworthy that besides providing for reserve elections, the amendments to the Constitution made in November 2016 also included two non-trivial changes to the EP.

One, the thresholds for candidates from the private sector to qualify for the Office of the President were raised.

Therefore, private candidates must have accountability and executive control over the entities that they run. These entities must be large enough (with more than S$500m in shareholder equity), and the candidates must have a track record of running these entities well.

Two, the Council of Presidential Advisers (CPA) was strengthened. The CPA had been instituted in 1991 as sort of an “upper house” to vet the government budget, and advise the President on whether budget would draw on Singapore’s fiscal reserves.

The CPA also advises the President on appointments to the boards of entities such as GIC and Temasek, which manage our fiscal reserves, and of key office holders including the Chief of Defence Force, Commissioner of Police, High Court Judges, etc.

The President can exercise his discretion to veto the budget and appointments but if he does so against the advice of the CPA, the Parliament can vote to overrule the President. The November 2016 constitutional amendment increased the number of CPA members from six to eight.

The President is also required to consult the CPA on a wider range of matters relating to Singapore’s financial reserves. This is to ensure that the President does not exercise his constitutional powers just so as to act in opposition to the government.

By raising the qualification thresholds and instituting the minority election, the pool of potential candidates is reduced to an elite group, with most likely to come from the establishment.

In addition, the expansion of the CPA’s powers means the curtailing of the President’s discretionary powers.

These changes serve to safeguard the Office of the Elected President from evolving into a second centre of power, ensure that the President is eminently capable of performing his custodian duties, and at the same time provide for multi-racial representation.

They are all in and of themselves justifiably, but in totality, they have diluted the President’s mandate and powers, and tilted the Elected Presidency further from the objective of having the President act as an effective check against a profligate and corrupt government.

The EP in its latest form will work fine as long as the elected government continues to act in the long-term interests of the nation. But we cannot rule out the possibility that in the future a profligate government may be voted in by the people based on promises of fiscally unsustainable “goodies”.

In that event, it is questionable whether the institution of the EP as it is now can effectively ensure that the vital assets of our nation are protected.

The EP is still a young institution and in the process of being shaped as we learn by doing. We have to continually find the delicate balance between the multiple objectives of providing for multi-racial representation, ensuring a workable relation between the government and the President, and giving the President the mandate to be an effective check when it matters.

We still some headroom ahead of us to get the balance right. But in the meantime, we must continue to have informed and meaningful discourse to clarify the primary role the Elected President should serve and the governance structure within which he or she would best fulfil that role.

ABOUT THE AUTHOR:

Lee Kok Fatt is a director of Future-Moves Group, an international strategic consultancy and executive education provider based in Singapore. He previously spent two decades in the civil service, where among others, he served as Principal Private Secretary to President Tony Tan.