Proposal to delay Singapore election by having president form caretaker govt is unconstitutional, that is AGC's advice on Tan Cheng Bock's proposal,says Teo Chee Hean
By Fabian Koh, The Straits Times, 26 Mar 2020
Senior Minister Teo Chee Hean told Parliament yesterday that delaying elections by having the president form a caretaker government - a proposal made by opposition leader Tan Cheng Bock - is unconstitutional.
He was responding to a question from Mr Christopher de Souza (Holland-Bukit Timah GRC), who had asked for the Government's stand on Dr Tan's suggestion.
Dr Tan, who ran for president in 2011 and now leads the Progress Singapore Party, had earlier called for the General Election (GE) to be delayed until after the COVID-19 pandemic situation had eased. He said if the elections could not be held by the April 2021 deadline, the president could form a caretaker government with some of the MPs.
SM Teo said: "I have sought the advice of the Attorney-General's Chambers (AGC) on whether this can be done. The advice of the AGC is - to delay an election beyond the required date in such a manner is unconstitutional."
He explained that the only circumstance in which an election can be put off is when a state of emergency is declared - something that has never happened here.
Even in such an event, he noted there is no legal basis or practical need for the president to form a new government if the incumbent Cabinet is still in office.
"It is not helpful to mislead people into thinking that such an option exists to put off elections indefinitely and for the president to form a new government when this goes against the Constitution," he said. "To suggest this shows a disregard for or lack of understanding of the Constitution. Putting forward constitutionally unworkable proposals at a time of serious national crisis can only confuse and mislead Singaporeans to the detriment of Singapore and Singaporeans."
Mr Teo, who is also Coordinating Minister for National Security, also questioned whether a caretaker government was a good way for a country to deal with a crisis.
"Even if there is a caretaker government under a state of emergency, it would, by definition, be a caretaker. It would be hobbled by the fact that it lacks the explicit mandate of voters and would therefore not be in a position to take major decisions on behalf of Singaporeans," he said.
"This is the fundamental problem. Just when we need a government with a clear mandate to pull out all the stops in a crisis, to implement strong mitigation measures, to mobilise resources and reserves to implement strong economic stabilisation measures to save jobs and livelihoods, and to steer the country through the COVID-19 crisis, a caretaker government would not have a mandate to do so. So, how can this be in the best interest of the country and our people?"
The release of the boundaries report on March 13 sparked speculation that an election was imminent.
On the actual timing of the election, Mr Teo noted that Prime Minister Lee Hsien Loong said no decision had been taken yet. PM Lee had also laid out two options: Wait and hope that the coronavirus pandemic stabilises by the constitutional deadline, or go for early elections and give the new government a clear and fresh mandate to steer Singapore through the crisis.
Mr Teo said: "The longer we wait, the more unpredictable, difficult and dangerous it could be. Compounding this will be the uncertainty that comes with when the election will be held as we go through the year trying to face this crisis together. Alternatively, a country can go for early elections, settle who will lead the country through this major crisis, give the new government a clear and fresh mandate, a full term ahead, legitimacy to take major decisions, tough decisions in the interest of Singaporeans.
"Today, more than ever, we need a government that the people have expressed confidence in to take us through this unprecedented health crisis and stabilise the economy and safeguard our people's lives and livelihoods. When you are sailing into a storm, you want to be certain who your captain is and that he will not be changed halfway. You want to make sure he is there together with you, working with you, guiding you through the storm."
By Fabian Koh, The Straits Times, 26 Mar 2020
Senior Minister Teo Chee Hean told Parliament yesterday that delaying elections by having the president form a caretaker government - a proposal made by opposition leader Tan Cheng Bock - is unconstitutional.
He was responding to a question from Mr Christopher de Souza (Holland-Bukit Timah GRC), who had asked for the Government's stand on Dr Tan's suggestion.
Dr Tan, who ran for president in 2011 and now leads the Progress Singapore Party, had earlier called for the General Election (GE) to be delayed until after the COVID-19 pandemic situation had eased. He said if the elections could not be held by the April 2021 deadline, the president could form a caretaker government with some of the MPs.
SM Teo said: "I have sought the advice of the Attorney-General's Chambers (AGC) on whether this can be done. The advice of the AGC is - to delay an election beyond the required date in such a manner is unconstitutional."
He explained that the only circumstance in which an election can be put off is when a state of emergency is declared - something that has never happened here.
Even in such an event, he noted there is no legal basis or practical need for the president to form a new government if the incumbent Cabinet is still in office.
"It is not helpful to mislead people into thinking that such an option exists to put off elections indefinitely and for the president to form a new government when this goes against the Constitution," he said. "To suggest this shows a disregard for or lack of understanding of the Constitution. Putting forward constitutionally unworkable proposals at a time of serious national crisis can only confuse and mislead Singaporeans to the detriment of Singapore and Singaporeans."
Mr Teo, who is also Coordinating Minister for National Security, also questioned whether a caretaker government was a good way for a country to deal with a crisis.
"Even if there is a caretaker government under a state of emergency, it would, by definition, be a caretaker. It would be hobbled by the fact that it lacks the explicit mandate of voters and would therefore not be in a position to take major decisions on behalf of Singaporeans," he said.
"This is the fundamental problem. Just when we need a government with a clear mandate to pull out all the stops in a crisis, to implement strong mitigation measures, to mobilise resources and reserves to implement strong economic stabilisation measures to save jobs and livelihoods, and to steer the country through the COVID-19 crisis, a caretaker government would not have a mandate to do so. So, how can this be in the best interest of the country and our people?"
The release of the boundaries report on March 13 sparked speculation that an election was imminent.
On the actual timing of the election, Mr Teo noted that Prime Minister Lee Hsien Loong said no decision had been taken yet. PM Lee had also laid out two options: Wait and hope that the coronavirus pandemic stabilises by the constitutional deadline, or go for early elections and give the new government a clear and fresh mandate to steer Singapore through the crisis.
Mr Teo said: "The longer we wait, the more unpredictable, difficult and dangerous it could be. Compounding this will be the uncertainty that comes with when the election will be held as we go through the year trying to face this crisis together. Alternatively, a country can go for early elections, settle who will lead the country through this major crisis, give the new government a clear and fresh mandate, a full term ahead, legitimacy to take major decisions, tough decisions in the interest of Singaporeans.
"Today, more than ever, we need a government that the people have expressed confidence in to take us through this unprecedented health crisis and stabilise the economy and safeguard our people's lives and livelihoods. When you are sailing into a storm, you want to be certain who your captain is and that he will not be changed halfway. You want to make sure he is there together with you, working with you, guiding you through the storm."
Coronavirus: Precautions will be taken whenever polls are held, says Teo Chee Hean
The Straits Times, 26 Mar 2020
The next election could feature campaign speeches streamed live online and safe distancing measures at voting stations, said Senior Minister Teo Chee Hean, noting that necessary precautions will be taken whenever polls are held.
Responding to a question in Parliament yesterday from Mr Christopher de Souza (Holland-Bukit Timah GRC) on how to hold elections safely, Mr Teo said the next polls could be unlike previous ones.
"COVID-19 has created a new normal," he said. "Whether elections are held early or later, we will still have to work on the basis that the next elections will necessarily be different from past elections. This means that the necessary extra safeguards and precautions must and will be taken whether the elections are held early or held later."
He stressed that an election would not get in the way of any of the measures - including travel restrictions, quarantine, social distancing and workplace measures - put in place in recent weeks to fight the virus.
"If an election happens, it will not disrupt any of this. All these necessary measures will still be maintained," he said.
Mr Teo said that for campaigning, there could be live streaming of speeches on the Internet and adequate TV time for candidates. For voting, he noted, Singapore already has special express lanes for seniors and those who need them.
Additionally, there could be measures such as social distancing while queueing, proper hand hygiene for voting paraphernalia and hand sanitisers for voters.
"We will learn from the experiences of other countries that are holding elections even during this ongoing COVID-19 outbreak," he said. "All these measures and precautions are required to protect Singaporeans. Whatever measures taken will affect all political parties equally."
In Parliament yesterday, Workers' Party chief Pritam Singh (Aljunied GRC), asked Minister for National Development Lawrence Wong if the multi-ministry task force will be announcing measures that all political parties can keep in mind as they step up activities to reach out to voters.
"Since the release of the Electoral Boundaries Review Committee report, I think it is quite apparent to a lot of Singaporeans that political parties have stepped up their political outreach, and the concern in view of yesterday's announcement is that some of these outreach activities can easily lead to the formation of large social gatherings in excess of 10 individuals in close proximity to each other," said Mr Singh.
Mr Wong, who is co-chair of the multi-ministry task force tackling the COVID-19 outbreak, said: "The task force is quite clear in putting out these measures, that we want to restrict any form of activity that brings about congregations of more than 10 persons."
He said the guideline applies to all organisations and political parties, and all political parties in or outside of Parliament will "have to abide by these guidelines and make adjustments to their activities".
The Straits Times, 26 Mar 2020
Responding to a question in Parliament yesterday from Mr Christopher de Souza (Holland-Bukit Timah GRC) on how to hold elections safely, Mr Teo said the next polls could be unlike previous ones.
"COVID-19 has created a new normal," he said. "Whether elections are held early or later, we will still have to work on the basis that the next elections will necessarily be different from past elections. This means that the necessary extra safeguards and precautions must and will be taken whether the elections are held early or held later."
He stressed that an election would not get in the way of any of the measures - including travel restrictions, quarantine, social distancing and workplace measures - put in place in recent weeks to fight the virus.
"If an election happens, it will not disrupt any of this. All these necessary measures will still be maintained," he said.
Mr Teo said that for campaigning, there could be live streaming of speeches on the Internet and adequate TV time for candidates. For voting, he noted, Singapore already has special express lanes for seniors and those who need them.
Additionally, there could be measures such as social distancing while queueing, proper hand hygiene for voting paraphernalia and hand sanitisers for voters.
"We will learn from the experiences of other countries that are holding elections even during this ongoing COVID-19 outbreak," he said. "All these measures and precautions are required to protect Singaporeans. Whatever measures taken will affect all political parties equally."
In Parliament yesterday, Workers' Party chief Pritam Singh (Aljunied GRC), asked Minister for National Development Lawrence Wong if the multi-ministry task force will be announcing measures that all political parties can keep in mind as they step up activities to reach out to voters.
"Since the release of the Electoral Boundaries Review Committee report, I think it is quite apparent to a lot of Singaporeans that political parties have stepped up their political outreach, and the concern in view of yesterday's announcement is that some of these outreach activities can easily lead to the formation of large social gatherings in excess of 10 individuals in close proximity to each other," said Mr Singh.
Mr Wong, who is co-chair of the multi-ministry task force tackling the COVID-19 outbreak, said: "The task force is quite clear in putting out these measures, that we want to restrict any form of activity that brings about congregations of more than 10 persons."
He said the guideline applies to all organisations and political parties, and all political parties in or outside of Parliament will "have to abide by these guidelines and make adjustments to their activities".
Related
Electoral Boundaries Review Committee 2020 report; 14 SMCs, 17 GRCs in next General Election
Electoral Boundaries Review Committee 2020 report; 14 SMCs, 17 GRCs in next General Election
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