got it from sammyboy kopitiam.
Is this the article?
'Conspiracy theory' revived and rebutted
Tuesday July 17, 2007
Derrick A Paulo
[email protected]
SOME 20 years ago, former Workers' Party (WP) chief J B Jeyaretnam
was fined for abusing his privileges as a Member of Parliament, by
alleging executive interference in the judiciary.
Yesterday, Non-Constituency MP Sylvia Lim once again raised the
spectre of possible influence by the Government.
Arguing against an amendment to the Constitution, which would allow
the Prime Minister to nominate up to two members of the Legal
Service Commission, the WP chairman said the change could
"undermine public confidence in the neutrality of our
courts".
The commission, which sits at the apex of the Legal Service, is in
charge of personnel management issues, including the dismissal and
disciplining of legal service officers.
Presenting the Bill to Parliament, Deputy Prime Minister and Law
Minister S Jayakumar explained that the Prime Minister's powers
would be consistent with his role in recommending appointees to the
Public Service Commission and "his retaining responsibility of the
Civil Service".
Added Prof Jayakumar: "Once (the Prime Minister) has nominated two
members and they're appointed, his role ends there. Neither he or
the other nominating members can direct the nominees to act or
decide in any particular manner.
"They take decisions in concert with other Legal Service Commission
members."
The commission can have up to nine members.
However, Ms Lim, who as an NCMP is unable to vote on constitutional
matters, questioned the rationale for the change.
"(This) potentially gives the executive branch of the Government
even more influence over critical career decisions of our judicial
officers. My concern is that this can be interpreted as a
regressive step for judicial independence," she said.
Her comments drew a sharp rebuke from Prof Jayakumar.
"Ms Sylvia Lim, through her speech, is in fact resurrecting ... a
conspiracy theory," he said.
Mr Jeyaretnam's remarks led to a commission of inquiry into those
specific allegations, as well as a committee formed by Parliament
to look into whether he had abused his parliamentary
privileges.
Both groups found him to be "wrong and unjustified in making those
allegations", Prof Jayakumar reminded Ms Lim.
The most important test of the legal system, he added, is "the
leadership in the Government, and whether the Government respects
the integrity and independence of the judiciary". In the case of
Singapore's judiciary, he said, the results can be seen in
international rankings, which "year after year" place the Republic
"among the top in the world".
Said Prof Jayakumar: "We have the system, it works. We're now
fine-tuning it to work even better ... I say, let's keep what works
and let's not besmirch the reputation we have so carefully built up
over the years."
Offering a different perspective, Nominated MP Thio Li-Ann noted
that although the Prime Minister would be given new powers, there
would also be a "series of checks and balances" the Elected
President would have to approve those appointed by the Prime
Minister.
The new laws also prevent MPs, trade unionists and office-holders
in political associations, among others, from becoming members of
the Legal Service Commission, noted Prof Thio, a constitutional law
expert.
Tanjong Pagar GRC MP Indranee Rajah, a practising Senior Counsel,
also singled out the President's role.
In remarks directed specifically at Ms Lim, who wanted security of
tenure for Subordinate Court judges, like their High Court
counterparts, Ms Rajah said: "We have no issue with the appointment
of our High Court judges ... each and every one of them is
appointed by the President acting in his discretion, on the advice
of the PM."
Parliament voted 75 to 2 in favour of the changes. Both Opposition
MPs Low Thia Khiang and Chiam See Tong voted against the
Bill.
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