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During a parliamentary debate, Minister K Shanmugam defended the president’s role in reviewing restraining orders under the Maintenance of Racial Harmony Act (MRHA). The act empowers the Minister for Home Affairs to issue restraining orders against individuals whose speech or actions threaten racial harmony. Appeals are reviewed by the Presidential Council for Racial and Religious Harmony, with the president deciding whether to confirm, cancel, or vary the order.
Workers’ Party MP Sylvia Lim and Non-Constituency MP Leong Mun Wai questioned the president’s ability to act as an independent check, given constitutional requirements that the president generally follows Cabinet advice. Lim warned that disagreements between the president and government on racially sensitive matters could risk political polarisation.
The core contradiction lies in the fact that while the MRHA portrays the president as an independent safeguard, the president is often legally required to follow the Cabinet’s advice in other areas.
Shanmugam countered that the system deliberately allows for disagreement as a safeguard. He explained that the president can act independently if the Presidential Council’s recommendations differ from Cabinet advice. By contrast, laws like the Foreign Interference (Countermeasures) Act (FICA) do not allow presidential vetoes due to the sensitive nature of intelligence-based decisions.
Shanmugam emphasised that the MRHA’s structure ensures ministerial decisions undergo thorough scrutiny without creating excessive delays. “We are balancing the need for checks with the need for swift action,” he said, describing it as the best approach to safeguard Singapore’s racial harmony.