SINGAPORE — To suggest that the Attorney-General’s Chambers’ (AGC) lawyers must not have any previous political ties would be going too far, given the small talent pool for top legal appointments in the Republic, said Senior Minister of State (Law) Indranee Rajah.

And it is ultimately the courts that decide on the outcome of cases, not the AGs, said Ms Indranee, as she rebutting Workers’ Party MP Sylvia Lim’s remarks over the appointment of former People’s Action Party MP Hri Kumar Nair as the Deputy Attorney-General (AG).

During the Committee of Supply debate on Friday (March 3) for the AGC, Ms Lim had raised concerns over Mr Nair’s appointment, which was announced last month. The position empowered him with “wide prosecutorial discretion” on bringing charges against an individual, she said.

“This is not a personal attack on the Deputy AG, nor on his legal competency. But it is my view that filling a constitutional post in an organ of state with a party politician is not ideal as it carries a risk of undermining public confidence in the AGC’s stated mission of fair and independent prosecution,” said Ms Lim.

Faced with a political suit, would the Deputy AG take the step of recusing himself, she asked. Mr Nair, a two-term MP, is no longer a PAP member.

Ms Indranee countered that it would be inaccurate to suggest that “there’s something inherent about the office of AG that rules out political affiliation at some time”. In the United Kingdom, the position is filled by a Cabinet minister, and in Australia, by a member of the legislature.

Singapore has a slightly different system, in which the AGC’s lawyers are not politicians or members of political parties. But Ms Indranee stressed that the talent pool for the highest legal appointments remains small, and it is common for political parties to recruit the best lawyers.

Law Minister K Shanmugam also responded to Ms Lim’s questions, pointing out that there are clear rules for lawyers to recuse themselves from cases. “It’s a fact that the PAP gets the best lawyers,” said Mr Shanmugam. “I don’t know if you’ll be more comfortable with Mr Davinder Singh or Mr Alvin Yeo?”

Mr Singh and Mr Yeo are both ex-MPs, and are currently Senior Counsels in top law firms here. Ms Indranee noted that together with Mr Nair, also a Senior Counsel, they are considered to be among the top “six to seven” litigators in Singapore, and this wealth of talent should be available to the public service.

Some lawyers in this pool have been approached for public sector positions but they were not willing to give up private practice.

Noting that Mr Nair had accepted his appointment despite having to give up privacy and earning significantly less, Ms Indranee said: “We should be grateful that a person of such standing has agreed to dedicate himself to the public cause.”

Ms Lim had also touched on the recruitment of AGC lawyers from the private sector, asking if these individuals are given briefings to re-orientate themselves as public officers.

“A private sector officer may be briefed to go all out to protect his client’s interest, but an AGC officer should not simply go all out to ensure that the Government wins in court. (He) should serve Singapore’s interest by promoting justice,” she said. She also asked for the reasons behind the spike in hiring by the AGC.

Waving aside the suggestion that mid-career entrants will not serve public interest, Ms Indranee said that some Cabinet ministers have their roots in the private sector “including both office holders in the Law Ministry”. Prior to entering politics, Mr Shanmugam was from Allen and Gledhill and Ms Indranee practised at Drew and Napier.

Ms Indranee also said that the AGC had increased its headcount by 35 per cent between 2011 and 2015 to account for a significant growth in its portfolio and work demands. Besides more complex white-collar crimes and internationalised criminal activity, the AGC also had to juggle more dispute and negotiations in the international arena.

But with the improved manpower situation, the Government does not expect the same pace of growth in the future, she said.