Before you vote, here's a gentle reminder about what the Elected President can & can't do

The more you know.

Fiona Tan | August 30, 2023, 10:27 PM

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Over the past two weeks, we've heard the three Presidential hopefuls speak at length about their respective visions, should they be elected as Singapore's ninth President.

With all these information, and at times misinformation, floating around, Mothership spoke to two experts who will hopefully help you as a voter navigate the waters of the 2023 Singapore Presidential Elections a little better.

Before we head to the polls on Sep. 1, 2023, here's a nifty reminder of what exactly a President can do and cannot do.

Does the President hold the almighty "key" to Singapore's reserves?

TL;DR: Yes, but also no.

Yes, the EP holds the key to Singapore's past reserves

According to the Elections Department Singapore (ELD), the Elected President (EP) has a "number of custodial powers".

To be exact, the EP has five key powers that fall into three broad categories, all of which he or she can exercise in their custodial role.

Senior Research Fellow Gillian Koh explained that the EP's custodial role is at their discretion and based on their own assessment of the matter.

This is unlike their other two roles in the community and as head of state, where they must act according to the advice of the government.

One of the EP's custodial powers involves Singapore’s past reserves i.e. those that were not accumulated during the present term of the government, ELD defined.

The EP is able to veto measures taken by Parliament or the government if he/she thinks that it would draw on or explicitly requests for the drawing from Singapore’s past reserves and that of key statutory boards and key government companies.

... but, the key is not almighty

But having custodial powers over Singapore's past reserves does not grant the EP invincibility nor allow them to veto measures as they please.

Associate Professor of Law at the Singapore Management University Eugene Tan described the president’s custodial powers as "reactionary", where they are only triggered if the government's proposed policy will draw down on past reserves.

Additionally, the EP must consult and be aligned with the Council of Presidential Advisers (CPA) before they can veto a government measure, according to ELD.

"Put simply, there is no magic in the President’s holding of the second key to the past reserves," said Tan.

Tan added: "He cannot wield the second key as a sword (against the government); he can only wield it as a shield against a profligate government who seeks to draw down the reserves without justification."

If the EP acts contrary to the CPA's recommendation and vetoes a measure, the Parliament can consider voting to overrule the President, according to ELD.

Can the EP effect a policy and what are his/her other custodial powers?

TL;DR: No.

This leads us to our next question; what are the EP's other custodial powers and does it include policy making?

According to Koh, the EP's other custodial powers are:

  • Veto the appointments/removals of individuals to key statutory boards and government companies, only with the CPA's recommendation;
  • Authorise an investigation by the Corrupt Practices Investigation Bureau (CPIB) Director, if the Prime Minister (PM) refuses to authorise it;
  • Concur for a person with the government that a person to be detained under the Internal Security Act (ISA), if the ISA advisory board recommends against the detention; and
  • Cancel or vary the restraining order under the Maintenance of Religious Harmony Act (MRHA) if the Cabinet's advice is contrary to that of the Presidential Council for Religious Harmony.

That said, the EP does not make and implement policies.

Instead, the Cabinet and Parliament are ultimately accountable to the electorate for the laws and policies that they make.

Tan said: "The president is not an alternate power centre and does not initiate policies or laws."

Can the EP influence PM and, in turn, effect policies in Singapore?

TL;DR: Maybe.

In their public head of state role, the EP must speak and act in accordance with the advice of the Cabinet, especially when expressing views on legislation or government policy.

However, the EP can share his advice freely with the PM in private, under the condition that the discussions remain confidential.

That said, both Tan and Koh stressed that the PM has no obligation to confer with the EP.

Even if the EP has the PM's ear, there is no guarantee that the EP will have any influence over the PM and, in turn, over the government's policies, Koh added.

Tan suggested a scenario where the EP may have some sway: "But where a president and prime minister have a strong working relationship and trust and confidence in each other, the president’s views and advice—even on matters where he has no oversight of—may be taken seriously by the elected government of the day."

Koh: "Important to choose wisely"

In summary, the EP's custodial roles are limited, but they are critical and justify the need for an election to choose a President, Koh said.

She reminded the public that it is important to choose wisely — to identify who is the best for the role, who represents the best side of us, and who will bring out the best in us as Singaporeans and Singapore.

Koh also emphasised that the presidential elections are not ways to "send a signal" to the government.

She said there are other ways to do so, such as the Parliamentary Elections, through official government feedback channels and their engagements with the public, and contacting the respective political parties and/ or meeting with Members of Parliament.

"So, political signals have to be sent in the appropriate way to the right target for them to be received effectively and be acted upon," Koh said.

Other things you should know

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