NEA, MinLaw: 7 members appointed to the Panel on Transboundary Haze to probe companies for the fires causing haze in Singapore
Singapore Transboundary Haze Panel
SINGAPORE: Singapore is bringing in specialist investigators and lawyers to examine companies potentially linked to fires contributing to regional haze.
The Ministry of Law (MinLaw) and National Environment Agency (NEA) announced seven appointments on Oct 30. The panel will assess companies’ operations, corporate ties and supply chains.
The action taken gives Singapore another way to examine corporate responsibility for haze pollution. It also puts the cost of these investigations on the companies being assessed.
Three investigation firms and four legal experts appointed
The seven panel members comprise three investigation firms and four legal professionals.
The investigation firms are Control Risks Group (S) Pte Ltd, FTI Consulting (Singapore) Pte Ltd and Kroll Singapore Pte Ltd.
The legal members are Dentons Rodyk & Davidson LLP, Toby Landau KC of Duxton Hill Chambers, TSMP Law Corporation and WongPartnership LLP.
Their expertise covers forensic investigations, financial analysis, corporate intelligence, risk advice and legal services.
Toby Landau holds the title of King’s Counsel, awarded to senior lawyers in the United Kingdom and certain Commonwealth jurisdictions.
The Government has also appointed Davinder Singh Chambers (DSC LLC) as its adviser. The firm will coordinate the panel members’ work and ensure their reports contain the evidence NEA needs.
Companies must pay for their own investigations
Companies identified by the Government have been asked to engage an investigation firm and a law firm or legal adviser from the panel.
These teams will examine business operations, corporate relationships and supply chains. Their work will help determine whether companies were involved in causing or allowing fires that contributed to haze pollution.
The companies must pay for their assessments and are expected to cooperate fully.
After completing their work, the appointed assessors will submit reports to NEA. The agency will consider the findings before deciding whether further action is needed.
The Government also intends to amend the Transboundary Haze Pollution Act 2014 at the next Parliamentary sitting. These changes will give the assessment framework legal force.
Ten companies have already received notices
The announcement follows a meeting between three ministers and senior executives from 10 companies potentially linked to haze-causing fires.
Deputy Prime Minister Gan Kim Yong, Senior Minister K Shanmugam and Minister for Sustainability and the Environment Grace Fu attended the meeting on Oct 28.
The companies included major agribusiness groups such as Wilmar International, Golden Agri-Resources, First Resources and Bumitama Agri, among others.
According to Channel NewsAsia (CNA), all 10 companies received notices under the Act and pledged to cooperate with Singapore’s investigations.
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Wilmar International has already said it will voluntarily appoint an investigation firm and legal adviser from the panel. It also offered access to relevant documents, personnel and sites.
Holding companies accountable requires evidence
The appointment of the panel is a step towards examining corporate responsibility beyond the immediate location of fires.
Companies operate through complex networks of subsidiaries, suppliers and business partners. Tracing those relationships takes more than identifying fire hotspots on satellite images.
Singapore's approach will therefore depend on whether investigators can establish meaningful links between business activities and the fires.
There is little value in having tougher laws without reliable evidence to support enforcement. The end result will be whether these assessments produce findings that can lead to effective action against companies responsible for haze pollution.
Read related: NEA: 10 SG-based companies are served with notices over possible links to haze in Singapore