Abdullah Tarmugi
Singapore
“As I have said, in most, if not all cases, we have a multi-disciplinary team to assess. In other words, even the protector himself or herself is subject to the assessment of this team. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House.”
“Sir, I think that is a convenient tack to say. But AMP and others must also realise that the new policy applies to all NGOs which are co-located at community buildings, and not only to AMP. TRIPARTITE COMMITTEE ON PORTABLE MEDICAL BENEFITS (Progress report) 5.”
“Sir, this is precisely what we are talking about, ie, it is not just a question about numbers per se, and I would like to refer to what Mr Noris Ong said, about having three or more children, if we can afford it. This means, as I mentioned just now in my speech too, that we do not want children to be a burden.”
“At present, Sir, the policy is we will support up to three children. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. - [Mr Abdullah Tarmugi].”
“My Ministry will continue to look into ways of removing the obstacles couples face in having children. Sir, I beg to move. Question proposed. Dr S. Vasoo (Tanjong Pagar): Sir, we already have had eight days of long debate. I would be concise and you would be very relieved if all other speakers after me would be concise.”
“So we would leave it as it is and we only pay for working women. It is really to compensate the loss in income. He asked about the provision in the Bill on "lawfully married to the child's natural father". This is, as I said earlier, because we want to encourage child birth within wedlock and the family remains intact.”
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“The Committee is of the view that any law that has to be enforced effectively must be devoid of inherent inconsistency. The proposed provisions in the Bill allow the court to divide the matrimonial assets in a just and equitable manner after taking into consideration all circumstances of the case, including a homemaker's contributions. The Bill has also enlarged and clarified the circumstances which the court should take into consideration. As such, it would seem inappropriate that the court would still be required to incline towards equality. Sir, the law must provide for all cases, ie, marriages of long as well as of short duration, and marriages under unusual sets of circumstances. For example, where a marriage is of short duration with no children, the law must not put judges under constraint to incline towards equality when what is equal may not be just. The Committee is of the view that the provisions of the Bill are fair. Indeed, it is a better formulation than the current one. On the concern that existing case law would be disregarded with the new provisions, the Committee is of the view that it is not the intention for the body of case law built up over the years to be cast aside, but that it should continue to serve as a guide to judges in their decisions. Sir, we should not, in our quest for equality between the sexes, compromise on what is just and equitable. Harmonious Resolution for Family Disputes Sir, a number of representors suggested a provision to be included to reinforce the principle of harmonious resolution for settling family disputes and to allow for the referral of disputing parties to reconciliation, mediation or counselling, as well as children of the parties to counselling, if necessary.”
“In most cases, the burden of caring for children, the house and the spouse still falls largely on women. These representors were of the view that as disparity still exists between men and women, it would be untimely to consider such a proposal at this juncture. The Committee notes that women have advanced over the years. However, the Committee also notes that there is still some disparity, though a decreasing one, between most men and women. As such, the Committee agrees that it may not be timely to introduce such a provision now. Mr Speaker, Sir, the Committee also notes that there are existing provisions in the Women's Charter under which a mother can be required by the court to maintain her child. A mother is therefore not absolved from maintaining her children if she is in a position to do so. The Committee thus recommends that the existing provision for only men to maintain their wives and children be retained. Division of Matrimonial Assets Sir, a suggestion was made during the Second Reading of the Bill for the principle of equality to be reinstated in the division of matrimonial assets. The concerns of a few representors were that: (i) the spouses who did not contribute financially to the assets would be placed at a disadvantage with the removal of the phrase "inclination towards equality" since their non-financial contributions to the marriage might not be deemed as important; and (ii) the removal of the phrase would signal to the courts that they need not incline towards equality when deciding on the division of assets. Sir, the Committee recommends the retention of the provisions in the Bill relating to "Division of Matrimonial Assets", after taking into consideration the comments of the representors as well as the Members in the House.”
“The amendments are reflected in clause 12 under section 61A(3)(c) and (3)(d). (d) Circumstances for maintenance Sir, the Committee also recommends that amendments be made: (i) to allow the court to take into consideration the conduct of both parties to a marriage when making a maintenance order; and (ii) to provide for maintenance of a wife to cease upon the wife's remarriage. The proposed provision to allow the court to take the conduct of both parties to a marriage into consideration is consistent with section 108 which deals with maintenance during matrimonial proceedings or subsequent to a grant of a decree of divorce, judicial separation or nullity of marriage. The provision that maintenance should cease upon a wife's remarriage is a logical and fair provision. These amendments are reflected in clause 12 under section 61A(4)(h) and clause 29 under section 111. (e) Maintenance for husbands Dr Kanwaljit Soin had proposed during the Second Reading of the Bill that partial rights under special circumstances, if not full rights, be extended to husbands to claim maintenance from their wives. Sir, differing views were received from representors on this by the Select Committee. Those who supported this proposal argued that an increasing number of women are better educated and earning just as much if not more than their husbands. Those who supported partial rights suggested that such rights be extended to a man when he is disabled or has custody of the children and needs to take up a part-time job. Those who objected to the extension of maintenance to husbands argued that the reality of the situation is that the majority of women still earn lower salaries than their husbands.”
“There was a suggestion to waive this bar under special circumstances like in situations where a wife may have genuine reasons for not applying for recovery of arrears before the expiration of the three years. The Committee supports this suggestion and recommends provisions in the Bill to allow the court to waive the time bar under special circumstances. These amendments are reflected in clause 30 under section 115(3). (b) Maintenance for children above 21 years Several representors recommended that children above 21 years old should be allowed to claim maintenance on their own as well as to impose limits on their eligibility to claim maintenance. Such limitations are to safeguard parents against claims from adult children who are undeserving or are able to maintain themselves. The Committee agrees with both suggestions and recommends that the Bill be amended to allow a child above the age of 21 years to claim maintenance from his parent on his own, and to spell out the circumstances under which an adult child can claim maintenance. The amendments are reflected in clause 12 under section 61A(3)(b) and (5). (c) Maintenance for children below 21 years Some representors were of the view that a sibling who is above 21 years old and other adults should be allowed to claim maintenance on behalf of a child who is below 21 years old. This is to address concerns that a young child may not have someone to act on his behalf if, for example, the other parent or guardian is unwilling or unable to do so. The Committee supports the suggestion and recommends that the Bill be amended to allow an adult sibling or a person appointed by the Minister to make a claim on behalf of a child who is below 21 years of age.”
“Such collaborative and concerted efforts between the Government and the community should be encouraged. Maintenance (a) Stronger enforcement measures On the issue of maintenance, several representors called for stronger enforcement measures to address the hardship experienced by many women in collecting maintenance for themselves and their children. The Committee supports the proposal for stronger enforcement measures. The Committee considered the suggestions made and recommends several new provisions to be incorporated. One provision is to clarify that a sentence of imprisonment ordered for non-compliance with a maintenance order will not affect or diminish the obligation of the person to make maintenance payments. Currently, if a man contravenes a maintenance order and if he is sentenced to a jail term, he does not pay the arrears of maintenance. This does not address the financial needs of the wife and children. This new provision will address this concern. However, to ensure that no hardship is imposed on men who may have genuine difficulties, the court should be empowered to reduce the amount of such payments if it deems fit. This is reflected in clause 14 under section 63(1A). In addition, Sir, the Committee recommends new provisions to allow the court to issue attachment of earnings orders when making a maintenance order and to make garnishee orders. These new provisions are reflected in clause 14 under section 63(1)(c) for garnishee and clause 20 under section 74(1) for attachment of earnings orders. Sir, currently, there is a 3-year bar for recovery of maintenance arrears.”
“It was also felt that the expansion of the definition would enable a victim to obtain protection on a balance of probabilities under the Women's Charter. The Committee notes that sexual misconduct between a married couple is difficult to ascertain. Where there is sexual misconduct between a married couple and if they feel it is worthwhile to keep the marriage intact, the referral of the couple to counselling on a voluntary basis would be a more appropriate measure. Seeking a court order may only precipitate separation and break-up. But the Committee is also of the view that forced sex between estranged couples or between members of the family should be seen in a more serious light and should be dealt with under the provisions of the Penal Code and the CYP Act. However, where the victim prefers to seek a protection order against such misconduct and not seek a criminal remedy, the Committee is of the view that the definition of "family violence" in the Bill, which includes "causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member", is sufficiently wide to accommodate such complaints. Mr Speaker, Sir, I reiterate that this Government takes the issue of family violence very seriously. The Government also believes that the community and community organisations have a role to play, and together with the Government, the problem of family violence can be better tackled. It is with this belief that the Inter-Ministry Work Group on family violence had worked very closely with the Singapore Council of Women's Organisations (SCWO) and the Society Against Family Violence (SAFV) to come up with recommendations to address the issue of family violence.”
“(a) Referral of victims and children to counselling There was a suggestion to empower the court to refer not just the perpetrator of family violence to counselling, but also the protected person and their children. The Committee agrees with this proposal and recommends that the Bill be amended to incorporate this provision. The amendment is reflected in clause 11 under section 60B(5)(b). (b) Applicants for Protection Order on behalf of victims Several representors suggested that besides the persons stated in section 60B(10), other persons such as officers from Family Service Centres (FSCs) or Non-Governmental Organisations (NGOs) and respected community leaders should be allowed to apply for a protection order on behalf of a victim. Of particular concern is the well-being of an abused child or incapacitated person whose parent or guardian is unwilling to seek protection on his or her behalf. Mr Speaker, Sir, there is indeed merit in expanding the ambit of persons who may act on behalf of the child or such incapacitated person. However, there is also risk of abuse or unsubstantiated frivolous complaints if the coverage is too wide. Hence, the Committee recommends that the amendment seeks to allow only "persons appointed by the Minister" to act on behalf of a child or incapacitated person. The amendment is reflected in clause 11 under section 60B(10). (c) Definition of "Family Violence" Sir, several representors suggested expanding the definition of "family violence" to include "sexual act or conduct". They felt that this would give victims of sexual misconduct within the family a recourse for civil remedy instead of a criminal remedy as provided in the Penal Code and the Children and Young Persons (CYP) Act.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Third time." Sir, the Select Committee on the Bill received a total of 32 representations by the closing date. The Committee heard eight of these representations. I wish to express my appreciation to those persons who had given their views to the Select Committee. A number of the points raised by the representors dealt with administrative or operational issues, or issues already addressed under the provisions of the Bill. The Committee considered issues on points of law and points of policy raised. The Committee recommends some amendments to the Bill after studying the written submissions and the oral evidence of the representors. The Committee also considered the views of the Members of Parliament expressed during the debate on the Second Reading of the Bill on 2nd May 1996. The Committee's Report has been circulated to Members of the House. Mr Speaker, Sir, I will now highlight the substantive issues deliberated upon by the Select Committee. Marriage involving Transsexuals On the provisions to allow those who have undergone sex-reassignment to marry, one amendment is proposed. Several representors raised the concern that the provision to accept the notation of sex in the identity card issued under the National Registration Act as "conclusive evidence" of a person's sex would be too rigid and problematic. The Committee agrees with this view and recommends that the words "conclusive evidence" be replaced by "prima facie evidence" to address this concern. This amendment is reflected in clause 4 under proposed section 11A(3)(a). Protection of Family Sir, two amendments are proposed to the provisions of Part VIA on "Protection of Family".”
“Sir, as I mentioned earlier, we would be more than pleased if more families take up the offer, because it is indeed an offer. But in view of the difficulties of reaching this group, we feel that this is a fair number. But we will definitely be increasing our efforts to try to reach out to more families to join the Scheme. INCOME TAX (Amount paid by top earners and number who were exempted) 10. Mr John De Payva asked the Minister for Finance (a) what was the amount of income tax paid by (i) the top earners mentioned by the Senior Minister in his talk to unionists on 19th July 1996, and (ii) other wage earners; and (b) how many wage earners did not have to pay income tax in 1994.”
“The last estimate we have on the total number of families who could be eligible for the Scheme would be about 8,000. So it is 509 of 8,000, which is less than 10%.”
“Sir, indeed, there are many families who are eligible for the Scheme and families who are eligible will be placed on the Scheme. My Ministry is very flexible too in terms of the criteria that make people eligible for the Scheme. So far, we are quite happy with the number that has been captured, but definitely we want to capture more because we want to make sure that there are many more people who can take advantage of the Scheme. But we have to bear in mind that this group is very difficult to reach. So we have to use all ways to reach the families - through the FSCs, the grassroots organisations, pamphlets, the media and even hospitals and schools. We have mounted all these programmes and we will indeed be increasing the publicity on the programme. And if the Member has got any more suggestions on how we could improve the publicity on the programme, we will certainly consider them.”
“Sir, the Small Families Improvement Scheme was introduced in January 1994. As at 15th August 1996, there were 509 families on the Scheme. So far, eight families have withdrawn from the Scheme. Two of the couples were in the midst of divorce proceedings. Five intended to have a third child and one did not want to participate in the counselling and family planning programme as required under the Scheme. They have got to undergo counselling and family planning programme after the second child.”
“I stand corrected. Question put, and agreed to. Resolved, "That the Bill be committed to a Select Committee consisting of Mr Speaker as Chairman and such number of Members as the Committee of Selection may nominate." - [Mr Abdullah Tarmugi]. ADVANCE MEDICAL DIRECTIVE BILL (As reported from Select Committee) Order for Third Reading read. 4.53 pm”
“Sir, I appreciate the Member's concern. Notwithstanding what I have said, I think we can still discuss this further in the Select Committee. With regard to whether it is my personal view, whether I am old-fashioned or male chauvinist, I do realise that, Sir. In fact, Members must have known that my own stand on marriage between transsexuals, for example, is quite different from what I have said here. In other words, amendments could be made to allow this. So there is a difference between how I feel and how I feel the law should be applied to the community.”
“It is a unique legislation and it has contributed a lot to the welfare and well-being of our women, children, the institutions of marriage and the family. The amendments which we have proposed will hopefully further deepen this contribution and I seek Members' support in passing it through its Second Reading. As I have indicated earlier, I will commit this Bill to a Select Committee for it to be further refined and if Members feel that they have further contributions to make, and indeed if any organisations outside feel that they have further contributions to make, they can do so when the Committee sits.”
“I do not want to repeat the arguments which I had put forward when we debated the Family Violence Bill. But I am not really sure whether she could compare it with the Maintenance of Parents Bill which was a new Bill in the sense that it was legislated to look into a problem that had not been looked into previously. Whereas in the case of the Family Violence Bill, you already have provisions in the Women's Charter and therefore you can just enhance the Women's Charter. Be that as it may, if the Member still feels that there are arguments for the Family Violence Bill or indeed to strengthen further the amendments to the Women's Charter (Amendment) Bill, she could do so during the Select Committee representation. Is family violence a social problem? Yes, it is a social problem. I do not think anybody would argue that family violence is not a social problem. The very fact that we are here debating the problem and the fact that we have put forward amendments to the Women's Charter to address this problem show that it is not a problem which is suffered by the victim himself or herself, but is a problem which the whole community should put its mind to. The Member can be assured that the Government is very concerned about family violence and indeed we are also looking into how to make people more aware of family violence and how to make family violence a more repugnant act in our society. This indeed we will be looking into in our public education programmes. I think I have replied to most of the questions. In any case, this is not the end of the debate. As I said, I will commit the Bill to a Select Committee. In closing, I would like to say that there is general agreement on the spirit and intent of the Women's Charter.”
“I wish to clarify that under the existing provisions of the Women's Charter, the court can also order a woman to contribute towards the maintenance of a child, as the Member has mentioned, where the court is satisfied that she has the means to do so. As for allowing maintenance for husbands, I am of the view that the existing provisions of allowing only women to claim maintenance from men should be maintained, at least for the present. Call me old fashioned if you will; call me a male chauvinist if you must, but my upbringing and my background tell me that it is the duty of the husband to maintain the wife. And I think I speak for most, if not all, the husbands in this House. On CPF and club membership as matrimonial assets, the Bill is silent on CPF. In fact, the court has ruled in several cases that CPF, as mentioned by the Member, is part of matrimonial assets. The court has interpreted that CPF monies form part of matrimonial assets and available for division in a divorce and the spouse has the proprietary right to the member's CPF monies. However, CPF savings thus divided may only be withdrawn when the member reaches the age of 55. It does not therefore serve the purpose of meeting the immediate financial needs of the ex-spouse in most cases. However, the court has ruled, as I said, that CPF is part of matrimonial assets and we should continue to let the court decide. The reason why we do not specify what constitute matrimonial assets is that if we were to list each and every item -- club memberships, CPF, COEs -- it is a bit of a long list. Therefore, we would let the court decide which will fall under matrimonial assets and which will not. As regards violence in the family, we note her observations.”
“The VWO who is in charge of the case will also keep in touch with the victim after the report. The VWO will monitor the case and will assess whether the case is high risk, moderate risk or low risk and follow up accordingly. The VWO will keep in constant touch with the police on the condition of the victim, in case the victim comes again to report and see what follow-up action could be taken. There is always constant discussion between the VWO and the police on the case, even after the case has been handled and the victim goes home. With regard to serious cases, what happens is that we try to make sure that the victim does not get hurt. The court can give an expedited order or a domestic exclusion order. A domestic exclusion order simply means that the court would disallow the husband to step into the house, even though the house belongs to him, so that they do not get into contact and therefore the abuse does not continue. Dr Soin suggests changing the name from Women's Charter to Family Charter. This was also suggested by Mr Kenneth Chen and Mr Bernard Chen. I do not know whether it is a family affair, but they have also suggested calling it Family Charter. Sir, it is not a question of merely changing the name from Women's Charter to Family Charter, especially as implied by Dr Soin that it also implicates other legislation. It has got to be looked into very carefully. It has got to be studied deeper, because it has got to do with complementarity and whether it contradicts with other legisation. This could be a long-term development of the Women's Charter. She mentioned maintenance for husbands.”
“I would like, especially for domestic violence, to try to give an idea of what we have worked out with the police on the procedures of how to handle these cases. In fact, this would also answer Mr Low Thia Khiang's question on what help can be given to victims of family violence. Violence cases can come to the police's notice by: (1) a report lodged by the victim himself or herself at the NPP or the police station.; (2) a "999" call; (3) a report by a medical officer; and (4) a referral by a VWO. After that, when the police senior investigation officer (SIO) gets the report, he will document the report. In other words, he takes down the particulars of the report and classifies the case as seizable or non-seizable. For outright seizable cases, the police could arrest the perpetrator and charge him in court, if necessary, on the spot. For non-seizable cases, the police could warn the perpetrator or take summons action against the perpetrator, if necessary. And in all instances of reports, the police will explain to the victim the options available to the victim. In other words, what the victim can do to alleviate the problem and, if necessary, either refer the victim to a VWO for further counselling or if the victim insists that he wants a more heavier hand, then the police can intervene. In other words, the options would be explained as and when the report is received. The police will also explain to the victim how to apply for a personal protection order (PPO). If necessary, the police could also ask for the help of a VWO to accompany the victim to court to get the PPO. These are the procedures that have been drawn up. It does not stop there, Sir. After all this, the duty officer in the NPP and the VWO keep in touch with the victim.”
“On improving the quality of counselling by social workers, as I also mentioned earlier in my speech, in fact, starting today, the Ministry of Community Development has started a course for social workers, specifically on how to handle family violence cases. Because issues and problems of the family are rather complex and very complicated, therefore, they would need different skills from trying to handle juveniles or the aged. This will continue and certainly MCD will also continue to liaise with NUS on the kind of training that could be provided for social workers with a view to improving their quality of service. She also asked whether people could be appointed to apply for a PPO. Indeed, there is provision in the amendment that the Minister could appoint people to apply for PPOs and certainly I would consider VWOs and non-Government organisations or even grassroots leaders to play that role. On the training of counsellors, as I mentioned earlier, we would continue to train and improve the quality of our social workers. Dr Vasoo asked whether there would be an erosion of the institution of marriage with the amendment to allow transsexuals to marry. We do not think so. We also have other programmes which will try to strengthen the institution of marriage and the institution of the family. Nevertheless, we will, as suggested by the Member, continue to assess the impact of the change. He asked what would happen during the time lag between legal recourse and the implementation of any solution to the problem. In other words, what he called the "intervening action" with regard to maintenance and with regard to domestic violence.”
“It is therefore more advantageous for the home-maker not to have made any contribution at all. This is the anomaly in the current provision which the court has asked to be addressed. Sir, the new provisions will in fact benefit rather than put women at a disadvantage. The proposed provisions will not put a woman, who is a full-time home-maker or a working and contributing party, in a worse off position. It will not. In fact, a working and contributing woman will be better off under the proposed amendments, as the courts can now also take into consideration her home-making efforts, regardless of the extent of her contribution to the assets. This would provide for a fairer distribution of assets than the current provisions. The Member for Yuhua also asked about the police's role in the protection of victims of family violence and also in improving the quality of counselling so that they could provide effective service. Sir, I can assure the Member that the police's role is much greater than previously. During the debate on the Family Violence Bill, I did indicate to the House that there was a pilot project in Ang Mo Kio whereby the police, the VWOs and the FSCs network together to handle family violence cases. I am happy to report that this networking the working between the police and the VWOs will be replicated in other parts of the island. And indeed the police, especially the front-line policemen, are being trained on how to handle family violence cases. Indeed, new recruits at the Police Academy are being trained in such skills.”
“Sir, the concern is over the removal of the words "incline towards equality" in the existing provision of section 106 and its re-enactment into a new section 106. The concern is that the new provision is not as just and it will not provide for an equitable distribution to women. Sir, the existing section 106(2) states that for assets acquired jointly, the court shall incline towards equality of division. In such instances, the court would take into consideration (1) the extent of the contributions made by each party in money, property or work towards the acquisition of the assets; (2) any debts owing by either party which are contracted for their joint benefit; (3) the needs of the minor children (if any). The inclination towards equality stated in the existing provision does not necessarily mean a 50-50 division of matrimonial assets acquired by both parties. The equality is in relation to the proportion each party has contributed to the acquisition of the assets. This means that the share of each party is determined by how much that party has contributed. If a party has contributed a small proportion, his or her share will likewise be small. In a situation where an asset is acquired jointly, the court does not take into consideration the home-making efforts of any party, as I mentioned earlier. Therefore, a housewife would lose out if her contribution was small. However, if a party has not contributed to the acquisition of the asset, as I mentioned earlier also, section 106 allows the court to divide the assets or proceeds in such proportion as the court thinks it is reasonable. But in such instances, the home-making efforts of a party are taken into consideration by the courts.”
“Sir, I would like to thank Members for their contributions and comments. I am heartened by the comments given. It shows that, generally, without exception, they support the Bill in most respects, except for some refinements. These refinements would certainly be dealt with when I commit the Bill to a Select Committee. Let me try and address some of the views expressed. Mrs Yu-Foo, among other things, asked about protection for voluntary counsellors, ie, how safe is their work as voluntary counsellors and whether some kind of protection could be given to them. I can assure the Member that counsellors are not voluntary actually, but they are professional social workers. In other words, they are social workers attached to Family Service Centres, for example, or some other VWOs. So they are not volunteers in the first place. And, secondly, if a professional social worker sees that he may be subjected to or fear some kind of problems when handling with the perpetrators, I think the police would be more than happy to provide him with protection. She asked whether children above 21 years could apply for maintenance on their own. This is something which we can consider. Perhaps, we can elaborate on it further during the hearing of the Select Committee. However, I would like to sound a note of caution here. We have to study the implications carefully. We should not, by doing so, encourage a more litigious society whereby family members sue other family members for everything. But certainly we can look into this suggestion further. I will now address the issue on the division of matrimonial assets tending towards equality, which has been touched upon by NMP Kanwaljit Soin.”
“I would like to ask the Minister what sort of plan we have in the future for the training of counsellors, and what sort of protection and safeguards will be given to the counsellors when they deal with such family disputes. I am glad to note that the Minister has agreed to refer the Bill to a Select Committee for further deliberation. I fully support the Bill.”
“Now with the extension of the scope of protection to family members, there may be more people seeking the help of the police in future. The Government, in particular the Ministry of Community Development, will have to meet an increasing demand for help for the victims of family violence. There is no mention in the Amendment Bill about what the Government will do in this respect, eg, improvement to the quality of counselling, the organizational structure and other operational measures to cope with the additional tasks. I would therefore like to ask the Minister how the Ministry of Community Development, the police and the counsellors would coordinate with one another to effectively carry out their duties in mediation and counselling. The next point I wish to deal with is that there are now provisions for members of the family or relatives of the children or handicapped persons, or the personnel designated by the Minister to apply to the court for protection order on behalf of the victims. However, sometimes these children or handicapped persons may not have any relative or other members of the family to make this application on their behalf. Sometimes, the aggressor may be the guardian himself. In such circumstances, the victims may have problem getting people to help them in getting the protection order. I would like to ask the Minister whether he will consider appointing community leaders, voluntary organizations in the community or responsible persons of the family service centres as the people authorized to apply for protection order on behalf of the victims. Overall, the Amendment Bill has placed great emphasis on mediation and counselling.”
“I think this amendment is a great protection to housewives and women who have no source of income. But some women leaders and women organizations have raised one point with me and that is under the old law, it was clearly provided that when making the order to divide the matrimonial assets, the court shall make the division in equal terms to the parties. The amended section empowers the court to exercise its discretion with due consideration to the respective contributions of the parties towards the welfare of the family. That is correct. However, they are worried that with the removal of words to that effect, there may be discrepancies in the division of matrimonial assets by the court. The third point is on the amendment relating to the protection of family. I fully support this new Part VIA of the Women's Charter. The protection given here is not confined to spouses and children, but the scope is expanded to include other members of the family, that is, including parents, siblings and even some intellectually handicapped members of the family. The new section also enables the victims to obtain a protection order much faster and this will encourage people, who in the past did not dare to lodge a complaint against the aggressor, to seek the help of the court. At the same time, the voluntary counsellors will be able to give them proper counselling and guidance. I think this is good. However, my concern is that although the Women's Charter is to protect the victims and at the same time it does not want to involve police intervention unnecessarily, we should not overlook the role that can be played by the police in the protection of victims of family violence.”
“The next point which I feel is even more important is that maintenance includes not only for the wife and children, but also for the parents and members of the immediate family. After the amendment, the parties will have to subject themselves to counselling or mediation, so that the couple who are contemplating divorce proceedings may have another opportunity to attempt reconciliation. The court will have the power to compel the couple to go for mediation and counselling with the hope of an amicable settlement to their differences. On the question of maintenance, I have a minor clarification to seek from the Minister. My question is: When the husband defaults in payment of maintenance and is sent to prison for contempt of court, the wife, particularly if she is a plain housewife, may face financial difficulties. In the circumstances, what kind of assistance can be given to such a family? The next point is when the parents are not prepared to appeal for maintenance for their children, the Amendment Bill makes no mention as to whether children who are above 21 years can apply direct to the court for their own maintenance. The next point I wish to deal with concerns the distribution of matrimonial assets. The amended section 106(1) provides a more equitable basis for the division of matrimonial assets upon the breakdown of a marriage by empowering the court to divide between the parties to the marriage the matrimonial assets in such proportions as the court thinks just and equitable, taking into consideration not only the financial contributions by the parties but also the contributions towards the welfare of the family, particularly contributions in looking after members of the family, the aged or incapable parents and/or siblings of either the husband or the wife.”
“Here, I would like to make some comments on the three major points of this Amendment Bill, that is, maintenance, distribution of matrimonial assets and protection to victims of family violence. The salient point on maintenance is that the court is now empowered to grant maintenance to children above the age of 21 years who are incapable of looking after themselves. This is very good because, whether parents are divorced or not, as parents, they have the responsibility to maintain their children and see to it that they are given the opportunity to be educated. This amendment will ensure that the children who are still in school will not lose their educational opportunity as a result of separation or divorce of their parents. At the same time, the amendment provides that intellectually handicapped children will continue to receive maintenance from their parents even when they are above 21 years of age. The amendment also strengthens the enforcement of maintenance orders issued by the court, and it re-defines "earnings" so as to include payments received from self-employment. That is to say, apart from the employees, the income of those self-employed people will also be included within the definition of "earnings". A defendant and his employer who fail to notify changes of employment and earnings shall be guilty of an offence and the fine is increased from $1,000 to $2,000. This amendment will reduce the risk of divorced women having to play "hide-and-seek" with their ex-husbands to chase for maintenance. It will also help them to reduce the cost of having to keep on instructing lawyers to apply for enforcement orders from the court..”
“I appreciate that the amendments will have an impact on many people and are therefore of concern to the public. Referring this Bill to a Select Committee will provide an opportunity for those who want to give their views to do so. Sir, I beg to move. Question proposed. EXEMPTED BUSINESS (Motion) Resolved, That the proceedings on the item of business under discussion and the remaining item on the Order Paper for today be exempted at this day's sitting from the provisions of Standing Order No. 1. - [Mr Wong Kan Seng]. WOMEN'S CHARTER (AMENDMENT) BILL Debate resumed. Mrs Yu-Foo Yee Shoon (Yuhua)( In Mandarin): Mr Speaker, Sir, the Women's Charter was passed in 1961. This is a very progressive piece of legislation to protect the interests of women. This Amendment Bill is in keeping with the changes of our time and our society. Having heard what the Minister has said, I feel that the important aspect of this Amendment Bill that deserves our full support is its spirit. This is to say that we not only look after the individual's interest but that this Amendment Bill also extends the protection to cover members of the immediate family. It protects not only the women but also the children, the spouses, as well as the parents and sisters, etc. Personally, I feel that this is a good way to manifest our family values. The next point I wish to support is that this Bill further extends protection to the family and defines the equal status and obligations of husband and wife, protects the rights of the weak, and gives the court greater power to deal with incidents of family violence. More significantly, a new chapter is added to the Women's Charter, ie, Protection of Family.”
“The ability of the Board to extend its functions to these homes will be constrained by the number on its Board. The amendments will allow the Minister to increase the size of these two bodies should there be a need to extend the functions of the two bodies to more homes. Consequential Amendments The remaining amendments proposed are either consequential amendments arising from the proposed amendments or technical developments which make reference to these provisions obsolete. For example: (a) the deletion of the words "Po Leung Kuk Fund" and "register of marriages" in various sections of the Women's Charter as they are obsolete; (b) removal of the requirement to place a copy of the rules made under the Women's Charter to be transmitted to the President; and (c) change the means through which notices of marriage are brought to the attention of the public, from posting on the notice board to a computerised multi-media terminal. To conclude, Sir, the proposed amendments would affect individuals and the well-being of children and families. In proposing the amendments, my Ministry hopes to: (1) provide greater protection for those who are vulnerable; (2) help families in crisis work out their difficulties in an amicable way; (3) ensure that errant husbands take greater responsibility for the care of their dependent children and estranged wives; and (4) provide a fairer, more equitable and objective treatment of maintenance and matrimonial assets in the event of a family break-up. I have informed this House during the debate on the Family Violence Bill that I would be prepared to refer this Bill to a Select Committee for deliberation. This position still holds. My Ministry has received mainly positive reactions to the Bill following its First reading.”
“Amendment 7: Offences against women and girls Clauses 24 and 25 deal with certain offences against women and girls. Carnal connection offence Under the current section 140(4), a first offender of an offence of carnal connection can be let off if he is not more than 24 years old and if he can show that he has reasonable cause to believe that the girl was 16 years of age or older. Clause 24 seeks to lower the age allowable for such a defence to 21 years and below for a first offender. In other words, the offender cannot now use that defence if he is more than 21 years old. There is no rationale to set the age at 24 when the age of majority is 21 years old. Proceedings to be heard in camera Clause 25 seeks to empower the court to order trials for offences of aggravated outraging of modesty and incest to be heard in camera as is the case now for trials involving rapes and offences against girls below 16 years of age. Board of Visitors and Discharge Committee Clauses 26 and 27 seek to amend sections 178 and 179 to: (a) give flexibility to the Minister to determine the size and composition of the Board of Visitors and the Discharge Committee and to direct the Board to visit any welfare institution which is not established as a place of safety under section 177 of the Women's Charter; (b) confer certain powers on the Board; and (c) make it an offence any refusal to admit a member of the Board, the Director of Social Welfare and other authorised officers or any hindrance to the performance of their duties. Currently, up to 12 members can be appointed by the Minister for the Board and seven for the Discharge Committee. A number of new homes have been established for the reception of children and women and girls.”
“Under the existing provisions, there is a dichotomy between "sole" and "joint" efforts in the acquisition of matrimonial assets. If a homemaker has made a small financial contribution to the acquisition of the assets, his or her share would be considered under the "joint efforts" head and is constrained by the size of the contribution made by him or her. The homemaking efforts are ignored. However, if the homemaker did not make any contribution to the acquisition of the assets, the homemaking efforts are taken into consideration as his or her claim would be brought under the "sole effort" head. In this instance, the homemaker is better off not making any financial contribution to the acquisition of the assets. The amendments aim to remove this anomaly as a strict interpretation of the provisions could lead to very absurd results. In addition, Sir, the new section provides for the definition of matrimonial assets and enables the court to take into consideration all the circumstances of the case in the division of matrimonial assets. These include the contributions made by the parties to the welfare and care of the family and the needs of their children. The amendments also empower the court to make other orders and to give directions which are necessary or expedient to give effect to any order. It also empowers the court to extend, vary, revoke or discharge any order or conditions. Amendment 6: Order for custody of children Clause 20 seeks to amend section 119 to empower the court to refer parties in a custody dispute for mediation and counselling. This is to allow parties involved to reach a more amicable decision in the interest of the children who, more often than not, are adversely affected by such disputes.”
“The police have worked out new procedures to guide police officers in handling family violence cases. Training is also being conducted to enhance the skills of the police and social workers in the management of such cases. Indeed, Sir, it so happens that a course on the training of social workers starts today which is being funded by my Ministry. Amendment 4: Maintenance of wife and children and Enforcement of maintenance orders Sir, clauses 11, 14 to 17 and 21 and 22 seek to enhance the provisions for the maintenance of wife and children and the enforcement of attachment orders to reduce the hardship of spouses and children who are dependent on the maintenance payments. The amendments also extend the definition of "earnings" to include payments received from self-employment. They also expand existing provisions to: (1) allow a child of any age to receive maintenance from the parent if he is unable to maintain himself, for example, if he is incapacitated; (2) include additional circumstances which the court should take into consideration when ordering maintenance, ie, age of each party, duration of marriage and contributions made by each party to the welfare of the family; and (3) empower the court to refer parties for mediation or counselling and to award costs as it deems fit for an application of an attachment of earnings order. Clause 17 seeks to double the penalty from $1,000 to $2,000 for failure by an employer or defendant to notify changes in employment and earnings after an attachment order has been made. Amendment 5: Matrimonial assets Clause 19 seeks to repeal section 106 and to re-enact a new section 106 to provide for a more equitable and just division of matrimonial assets upon the breakdown of a marriage.”
“The amendments also empower the court to include other conditions in a protection order such as requiring the perpetrator to go for counselling. Sir, counselling can often help the perpetrators to change his or her behaviour and help families to reconcile. Penalties for breach of a protection order are explicitly spelt out in the proposed amendments. Contravention of a counselling order is punishable as contempt of court, while contravention of the other orders is deemed to be a seizable offence, thus attracting fines or imprisonment or both. The amendments also allow an application for protection order to be made by another person on behalf of a child below 21 years of age or an incapacitated person. The new section 60C provides for the issue of an expedited order if the court is satisfied that there is imminent danger of family violence being committed against the applicant. The new section 60D deals with supplementary provisions and the making of Rules of Court and empowers the court to vary, suspend or revoke an order. Sir, family violence should not be treated as any other offence. It involves members who are bound by blood or marital ties and who still need to interact with or depend on one another. The amendments allow for a softer approach through counselling. However, where a perpetrator is not likely to be compliant, the new provisions allow for tougher penalties to be imposed on the perpetrator. If necessary and where even tougher measures are deemed necessary, a perpetrator can then be charged under the Criminal Procedure Code. Sir, besides legislation, a multi-pronged approach is needed to address family violence. Steps are being taken to put in place a network of support for victims and families.”
“Islam prohibits sex reassignment and does not recognise marriages between people who have undergone sex reassignment. Amendment 3: Protection of family The next set of amendments deals with protection against family violence. There are existing provisions in the Women's Charter for the protection of spouses and children under sections 68 to 70 of the Charter. Clause 10 proposes the insertion of a new Part VIA entitled "Protection of the Family" comprising new sections 60A to 60D. Clause 13 seeks to repeal the existing sections 68 to 70 as these are incorporated in the new Part VIA. Sir, the Government takes a very serious view of family violence. While the amendments are intended to give a strong signal that family violence and bullying will not be tolerated, they also provide opportunities for families, victims and perpetrators to heal family relationships which have been hurt. The new Part VIA extends protection to other family members as well, such as parents, parents-in-law, siblings and any other relative which the court considers to be a family member. It also provides for a wider coverage of the term "family violence" and consequently the categories of behaviour in respect of which protection can be sought. However, the term does not include any force lawfully used in self-defence, or to correct the behaviour of a child below 21 years of age. The new section 60B allows for a protection order to be made based on the "balance of probabilities" that violence has been or is likely to be committed instead of the criminal burden of proof "beyond reasonable doubt". This will make it easier for a victim to obtain a protection order.”
“Following the 1991 court ruling, the Registry of Marriages stopped allowing the use of identity cards and began to require applicants to bring their birth certificates as evidence of their sex instead. For those who got married before the ruling, the court's decision meant that their marriages are now void. And if they have adopted children, the status of these children is now uncertain. Sir, I must emphasise that the proposed amendments are not meant to institute a new practice. Rather they are to reinstate what was the position before 1991. The Government's stand is very clear: it is not a move to encourage or promote lesbianism, homosexuality, transvestism or sex reassignment among our people. We do not believe the amendments will result in our people reassigning their sex in droves. The Bill basically seeks a practical and humane approach to address the problems faced by this group of people and the families they have set up. It is to allow these individuals to lead a life according to their new status, as recorded in their identity cards, as we have all along used the NRIC to verify identity. It is practical. It is sensible. Sex reassignment is a costly, painful and long process. A person has to undergo extensive psychological and physical assessment by psychologists and doctors to assess his or her need for sex reassignment to function better and more comfortably. Only when it is deemed necessary by the professionals is a person allowed to proceed with the sex reassignment procedure. I wish to reiterate that the amendment will apply only to civil marriages and not to Muslim marriages which are governed by a different set of laws, ie, the Administration of Muslim Law Act (AMLA).”
“Amendment 2: Marriage for persons who have undergone reassignment procedure Clause 4 of the Bill proposes a new section 11A to: (1) clarify that a marriage solemnised in Singapore or elsewhere between two persons of the same sex shall be void; (2) recognise the new sex of a person who has undergone sex reassignment procedure and accept the reassigned sex as stated in a person's identity card as conclusive evidence of his or her sex; and (3) allow persons who have undergone sex reassignment procedure to marry and to declare past and future marriages of such persons to be valid. Mr Speaker, Sir, I am aware that this amendment has raised some concerns among some members of the public. The issue is indeed a complex one and touches on moral, cultural and religious values. Sir, permit me to explain the proposed amendments which were made after much discussion and deliberation with several parties. Sex reassignment procedure has been allowed in Singapore since 1971. A person who has successfully completed a sex reassignment procedure has to change his or her identity card to reflect the new sex and identity. A small group of individuals in Singapore have indeed undergone the procedure and have had their identity cards changed. In June 1991, things changed for this group of trans-sexuals who had married when the High Court ruled in the case of Lim vs Hiok that the Women's Charter did not permit marriage between two persons of the same biological sex. Until the ruling, the Registry of Marriages had all along accepted the identity card as documentary proof of the identity and sex of a person. Those who had undergone sex reassignment procedure were able to marry using their identity cards which reflected their new sex.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, the Women's Charter was enacted in 1961. Over the years, the Charter has been amended to address emerging social issues and changing expectations of the public. The last amendments were made in 1980. Sir, my Ministry undertook the review of the Women's Charter following feedback from the courts in 1993 about inherent limitations of some of its provisions. A wide spread of views, including those from other Ministries, the Committee on the Family, the courts, some women's organisations and professionals, were sought during the review. The Bill before the House today is the outcome of this comprehensive review. Though extensive, the amendments do not affect the spirit of the legislation. Indeed, in our view, they strengthen the intent of the Charter. The proposed amendments touch on nine areas. Let me deal with each of them briefly. Amendment 1: Marriage within prohibited degrees Clause 3 seeks to amend section 10(2) to give clarity to the discretionary powers of the Minister to allow marriages between related parties. The amendment clarifies that notwithstanding the kindred or affinity of the parties, the Minister can allow marriage between the two parties if such a marriage would have been permitted by the law, religion, custom or usage applicable to the parties.”
“For the Shariah Court, at this moment, it does not require additional manpower to implement section 53 of AMLA. The Shariah Court has already made contacts with the Police and the Prison authorities in respect of its administration and operations which touch on the enforcement of section 53. The Shariah Court will enforce section 53 from July this year. To answer the question raised by Encik Harun Ghani, firstly, every year, MUIS has given assistance to welfare organisations to assist them with part of the cost in carrying out their programmes which will benefit the Muslims. In 1995, MUIS spent more than $260,000 for such purposes. MUIS also provides funds for counselling and religious instruction and it also pays the examination fees for the drug addicts who are in the DRCs. $90,000 has been spent for such purposes last year. MUIS is also giving $10,000 to Taman Bacaan to pay part of the salary or allowances for the religious teachers who provide religious instruction to the inmates. Assistance is also given by MUIS to the families of drug addicts who are receiving treatment in the rehabilitation centres or who are serving sentences in prison. They are given financial assistance to clear some of their PUB arrears and for their studies. On the proposal that MUIS consider running a nursing home for the Muslims, I would like to say that nursing homes for the Muslims would be better managed by the Muslim voluntary organisations which may have the expertise and experience to carry it out more effectively. MUIS will provide financial assistance where possible. It does not have the funds or capacity to run such homes which require a very large sum of money.”
“The revision of AMLA has taken some time as there are a number of issues which have wide implications on the directions of the Shariah Court, and these have to be looked into very carefully. The Attorney-General's Chambers has advised us to wait for the decision of Salijah Latif's case, which has been sent up to the Court of Appeal, before proceeding with the revision. The case will be heard later this month. Encik Ibrahim Othman has asked about measures which have been taken by MUIS against deviationist teachings or activities which cause hindrance to the progress of the Muslims and the nation. He also asked whether additional manpower will be given to the Shariah Court in the enforcement of section 53 of AMLA. I like to inform the House that all deviationist and religious activities which affect the Muslims and the solidarity of the country will not be condoned. Public talks have been carried out to bring about awareness and to educate the people regarding the danger of such teachings. MUIS also has closed-door sessions to discuss such activities. As an additional step, from time to time, the Muslim community has been reminded through Friday sermons on the danger of deviationist teachings. The mosques have also been advised not to allow their premises to be used by the deviationist groups which will affect the harmony of the Muslim community. With the advancement of technology and the world becoming more global, MUIS has stringent measures to ensure that Singapore will not be used as a base for deviationist teachings which encourage chauvinism. MUIS is also working with the relevant authorities in the neighbouring countries to exchange information in respect of such activities.”
“Sir, let me reply to these five questions in Malay. (In Malay): Sir, Encik Othman Haron Eusofe has brought up the issue of the old mosques, especially those within his constituency. MUIS is considering the redevelopment of 10 old mosques and to restore five more. A large amount of funds is required and has to be raised by their management committees. MUIS will provide some assistance and allow the mosques to carry out their own fund raising on Fridays. Some of these mosques are already being helped from the income from "wakaf" properties. MUIS has assigned its officials to assist these mosques to carry out their projects expeditiously. Planning approval has already been granted for the redevelopment of Masjid Wak Tanjong and the restoration of Masjid Katijah. These projects will be carried out this year and both mosques have already raised more than 50% of the funds required for the projects. MUIS will continue to help source for funds and it will also continue to assist them to manage these projects. The development of Masjid Khalid is at the planning stage. The mosque is also raising its own funds and MUIS will assist them to top up the fund and it has already asked one of its officials to manage this project. Encik Othman also asked for the progress of AMLA's revision and the power of the Shariah Court. MUIS has revised AMLA in general and comprehensively. In this revision, MUIS has considered the developments and issues which affected the Muslim community. A number of discussions have already been carried out with Muslim lawyers and senior officials of the Shariah Court and MUIS, and officials of the Attorney-General's Chambers.”
“Sir, the Delta Sports Complex was upgraded and spruced up to provide a variety of sports fitness and recreational programmes for the community in one location. Following this successful model, plans have been drawn up to introduce more one-stop integrated and community-based sports and recreational centres in various parts of Singapore. Under its initiative, older sports stadia and complexes will be upgraded and new sports and recreational centres will be built to serve as regional hubs to promote sports and fitness programmes for residents and workers in the vicinity. A good example is the $55 million Jurong East Sports Recreational Centre which will be ready next year. I am afraid I do not have the figures on the usage of Delta Sports Complex. But I can supply them to the Member if he pursues this question. This move is certainly in line with the Sports-for-All policy because it encourages people in the vicinity, especially their family members, to come and utilise these centres. With regard to whether such a centre will be built in Bishan, I will look into this matter.”
“Childcare centres which are run by VWOs get grants under a special scheme.”
“VWOs are non-profit making organisations.”
“I do not get the Member's question. I thought grants are given to childcare centres set up by VWOs.”
“As I mentioned earlier, some organisations already have computers available for members' use. With regard to members who want to own their own computers and whether subsidies can be given, I am not too sure whether we can go that far. Dr Vasoo: Sir, I would like to ask the Minister whether the revised 90% grant and the cyclical maintenance grant of 90% could be extended to non-profit making childcare centres.”
“Is the Member suggesting that each of them be given a computer?”
“The resources of other organisations could be tapped to help these FSCs. In other words, the organisations which have certain expertise, in terms of languages, but do not have the capacity to build FSCs, could help out in terms of servicing Tamil or Malay speaking clients. As I said, minority races are being serviced. FSCs which do not have Tamil or Malay speaking staff do not turn away clients. They work through volunteers, network with other agencies and tap the resources from within their clients network and use people who can communicate with Indians and Malays. The Member mentioned about scholarship for social workers. I think Mendaki and some voluntary welfare organisations are looking into this.”
“My apologies. In the planning and distribution of family service centres as well as other social services, the Ministry does take into consideration factors such as population size, the needs of the community and the availability of other support services in the area. In fact, FSCs are located mainly in HDB estates and on sites which are easily accessible to potential clients and also to volunteers. This is also to facilitate harnessing of community resources and support. Indeed, in our location exercise, we do take into account the characteristics of the area. In other words, if the block or the vicinity has got a higher proportion of 1-roomers, 2-roomers or low income families, we do give such a location, or area, a higher priority. On whether there are enough FSCs or not, I have previously mentioned in this House that my Ministry has targeted 24 FSCs by the year 2000. As a result of the IMC recommendations, we have planned for 10 more FSCs, in other words, making a total of 34 FSCs altogether by the year 2000. According to projections, this number will be sufficient, but the need for FSCs will be periodically reviewed by my Ministry. If more FSCs are needed, we will certainly build them. On the lack of Malay and Tamil speaking social workers, I do agree with the Member that many FSCs do not have Malay or Tamil speaking staff. Ideally, it would be good for all FSCs to have Malay and Tamil speaking social workers. However, unfortunately, very few students from these groups go into social work despite attempts to encourage them to do so. However, I would like to assure the NMP that minority races are being serviced. My Ministry is looking into some form of an inter-agency support network for FSCs which have difficulty in handling certain ethnic or dialect groups.”
“On the question of the child care centre at Block 139, the facts can be established later. But according to what I have, the space was in fact offered to the Town Council and the SAMH later came and wanted to build its premises and facilities near the child care centre. So it is not as if the SAMH replaces the child care centre. Because of the nearness of SAMH facilities, the premises allocated to the Town Council were rejected by it. So it is not a replacement but a separate issue altogether. Let us get the facts correct and we can establish the facts again, if need be. 4.15 pm My Ministry obtains periodic returns from all childcare centres on the number of children enrolled and discharged as well as the number of children on the waiting list. From the last returns obtained in December 1995, it is noted that the number of children on the waiting list of the HDB void deck childcare centre does not warrant a new centre. There are about 13 children on the waiting list awaiting enrolment, while another 34 only wanted to consider enrolment at a later date when their children are older. In other words, they reserve the place. They are not on the waiting list. They may or may not take up the place later. And the centre still has 10 vacancies. There are four other existing centres at Potong Pasir and, according to our records, there are 70 vacancies. I would like to advise parents to consider registering their children with those centres which have vacancies. These are the details that I have. Of course, Mr Chiam may have other details of his own. We can establish what is correct and what is wrong later.”