“Under the existing Constitution, the LSC comprises of the Chief Justice as President, the Attorney-General, the Chairman of the Public Service Commission, a High Court Judge nominated by the CJ and up to 2 members of the PSC.
Under Cl 8 of the Bill, the composition of the LSC is to be changed to include up to 2 nominees of the Prime Minister.
If the Bill is passed, the LSC still retains its role of deciding on dismissal and disciplinary action of legal officers. For officers above a certain threshold grade, the LSC will also make career decisions such as promotions and transfers.
Could the Minister clarify further the rationale for having a new category of LSC members who are the PM’s nominees?”
– Non-Constituency MP Sylvia Lim in Parliament, July 17, 2007. Read her whole speech here.
Sylvia Lim raised a very valid point. Will not the Attorney General, Chairman of the PSC and the two PSC nominees be enough to reflect the Government’s view on key decisions by the Legal Service Commission (LSC)? The Govt already has a de facto “majority” with them on the LSC. Why is there a need to pack the LSC with even more Government nominees?
Most Singaporeans have already made up their mind whether our courts are independent or not. Contrary to what Ms Lim says, this tweaking is not going to affect their perceptions much. But I hope it does not affect the way the Subordinate court judges (whose career progression is determined by the LSC) mete out their judgments, particularly for politically charged cases like defamation cases.