SINGAPORE: Laws granting ministers broad discretionary powers – including POFMA and other legislation – must always be exercised within the bounds of the law, Coordinating Minister for Public Services Chan Chun Sing said on Thursday (Feb 26).
He was responding to questions from MP He Ting Ru (WP-Sengkang) during parliament’s debate on the Public Service Division’s spending plans under Budget 2026.
Ms He had asked how Singapore guides and monitors the use of executive discretion, noting that several laws – including the Protection from Online Falsehoods and Manipulation Act (POFMA), the Foreign Interference (Countermeasures) Act, and the Online Safety (Relief and Accountability) Act passed last year – give ministers and statutory bodies broad powers to act on fake news, foreign interference and harmful online content.
She also noted that when executive discretion is exercised, the public’s main avenue for challenge is judicial review, which she said was “rare” in Singapore.
“How does Singapore guide and monitor the use of executive discretion and what are the safeguards in place to ensure that these are done judiciously?” she asked.
Mr Chan, who also serves as Defence Minister, said the Prime Minister assigns ministerial responsibilities, including statutory functions – powers or duties conferred by legislation.
“All statutory functions must be exercised in accordance with the law,” he said.
“The law confers discretion on ministers and other officials so that they can exercise their judgment on how best to deal with each case based on the facts, instead of mechanically applying a rigid rule.”
He added that the rationale for granting discretionary powers, as well as their scope, limits and safeguards, would have been debated in parliament when the legislation was passed.
Each minister is responsible for exercising the statutory functions assigned to him or her, he said.
“The most important issues are referred to and discussed by the Cabinet before a final decision is taken,” he added.
“Cabinet, in turn, is collectively responsible to parliament.”