Lam Pin Min
Singapore
“Mr Speaker, on behalf of the Minister for Transport, I beg to move, "That the Bill be now read a Second Time". This Bill, together with the Active Mobility (Amendment No.”
“It is timely for us to put in place a regulatory framework to ensure that active mobility devices being brought into and used in Singapore are safe. This is a key step in helping us put in place a safe and sustainable active mobility landscape in Singapore. Mr Speaker, I beg to move. [(proc text) Question proposed. (proc text)] 1.55 pm”
“Clause 6 facilitates the transfer to and vesting in the financial security provider of a seafarer's rights against a shipowner as a result of any liability arising from the shipowner's obligation to repatriate the seafarer. For example, the liability to pay the seafarer's wages and entitlements.”
“Mr Speaker, to ensure a safe and high-quality blood supply for our patients in Singapore, pre-donation interviews are conducted to screen blood donors for risk factors and blood donations are also tested for blood-borne infections. However, infections can only be detected some time after the blood donors have been infected.”
“I thank the Member for that clarification. As far as I know, not all mental conditions will be excluded from blood donation. In fact, we have checked with HSA. There is a wide spectrum of mental illnesses – from very mild mental conditions to very severe conditions.”
“I think we must be cognisant that the reason why they are inmates is because of certain things that have happened, prior to that. That actually pre-disposes them to some high-risk behaviours.”
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“Mr Chairman, can I have your permission to take all four cuts together? The Chairman: Yes, please. Wellness-centric healthcare model”
“Sir, tourist arrivals in Singapore rose by 16% in December 2010, as compared to the same month in 2009. In the whole of 2010, tourist arrivals grew by a massive 22%, with a total of about 11.6 million tourists. Tourism is an important sector to us. It is the lifeline of the retail industry as well as the hospitality industry. I would like to ask the Minister the following: how many tourists are we expecting this year? What are our tourism targets for the next five years? With stiff competition from our neighbours, what additional attractions are we developing to help achieve these targets? Energy”
“Sir, the two Integrated Resorts – the Marina Bay Sands and Resorts World Sentosa – are both in operation albeit not at their maximum capacity. Notwithstanding this, the opening of these two IRs has brought significant economic benefits to Singapore with increased tourist arrivals and betting taxes amounting to $2.3 billion. In addition to the casinos, Singaporeans and tourists alike can enjoy other entertainment amenities, including the delightful culinary skills of Michelin-starred chefs, theme parks, conference and exhibition facilities. I would like to ask the Minister what would be the expected benefits in terms of tourism receipts and GDP contribution when the two IRs are operating at their maximum capacity. Will Singapore be looking at the possibility of building more IRs in the future? Tourism”
“Sir, Myanmar is a country with more than 45 million people of at least 135 different ethnic groups. Its democracy activist and Nobel Peace Laureate, Ms Aung San Suu Kyi's recent release from house arrest has brought much optimism and anticipation that democracy can be expected soon in the military-controlled Southeast Asian nation. I would like to ask the Minister for his assessment of the political situation in Myanmar and the roles ASEAN Member countries can play to expedite to national unity and the implementation of the Roadmap to Democracy outlined by the government of Myanmar. US-China relations”
“Mr Chairman, MINDEF introduced the new Military Domain Experts Scheme (MDES) in 2009 which has taken effect since 1st April 2010. For a start, the scheme for officers and warrant officers is tailored for engineers and specialists in military intelligence. Can I ask the Minister for an update on the new and enhanced career schemes and whether it has achieved its desired objectives? I would also like to ask if the scheme will be extended to other non-combat vocations in the Singapore Armed Forces. People development The human resource is a single most important element in any given organisation. The SAF is no different. In fact, the SAF is also one of the biggest employers in Singapore. The SAF performs a vital role of providing a stable social political environment in Singapore. More than that, however, is the reputation and capability of the SAF. For instance, Jane's Defence Weekly rated Singapore Armed Forces as the most advanced forces in Southeast Asia. A huge part of this acclaimed accolade lies with the men and women of the SAF. Singapore is an open economy and we are currently experiencing good economic growth. There is thus a keen competition for human talent. SAF is no different. Although the SAF has introduced schemes such as the MDES as part of people development, it is not shielded from the enticement of better-paying and more glamorous jobs in other sectors. This being the fact, I would like to ask the Minister for an update on the professional development of SAF personnel and how is MINDEF planning to attract new talent and retain existing ones so as to maintain a credible and professional armed forces. NS policy”
“Sir, the global security landscape has changed profoundly after September 11th. Many countries worldwide are facing the multi-faceted threats of terrorism and Singapore is no exception. Security lines are now blurred. Terrorists target their objectives indiscriminately with the intention to cause maximium damage and chaos in the community. The Government must respond quickly to the ever-evolving threats from possible terrorist attacks. Prior to September 11th, for instance, airport security was run by private operators. Armed soldiers patrolling in teams were never seen within the airport vicinity. Now, it is a common sight. Although we have been spared from terrorist attacks, we are nevertheless a stated target of terrorist groups. We must always remain vigilant to guard against such an eventuality. The Singapore Armed Forces' (SAF) stated objective is to protect the homeland of Singapore against external threats. After September 11th, the role of the SAF appeared to have been expanded to include homeland security which has always been raison d'etre of the Home Team. Notwithstanding the security needs of the nation, the SAF Act was amended in 2007 to allow for this expanded role for the SAF, empowering it to perform certain specific roles of homeland security. I would therefore like to ask the Minister what is the future possible evolution of the SAF in contributing to homeland security. Has this continuous threat of terrorism affected the way the SAF operate and train its soldiers? Is the SAF capable of handling a major terrorist attack such as the one in Mumbai?”
“Even as Singaporeans celebrate the success and enjoy the benefits of the generous payouts of this Budget, let us not forget some of the vulnerable groups in the society where a little helping hand may mean and matter a lot to them. On that note, I support the Budget. 1.33 pm”
“Although there is currently a concessionary levy of $170 per month for certain employers who fulfil the eligibility criteria, this amount still constitutes about 50% of the salary of the foreign domestic worker. On one hand, the Government rationalises that the foreign domestic worker levy is necessary to manage the number and flow of domestic workers in Singapore, on the other hand, a foreign maid levy tax relief is extended to encourage married women to continue working and raise families. To put it simply, families are incentivised to hire maids through the tax relief scheme and, at the same time, the Government is trying to limit the supply of maids by imposing the high levy. To me, this seems a bit paradoxical. In addition, the expected increase in the pay of foreign domestic workers from certain sources will inevitably add to the overall financial burden faced by these families. Mr Speaker, Sir, this policy affects the middle-income families most as the low-income earners will not qualify to hire a domestic worker while the well-to-do can afford it anyway. To help mitigate the rising cost of living, especially for the middle-income families, I would like to urge the Government to consider lowering or even waiving the foreign domestic worker levy for deserving families. Mr Speaker, Sir, this year’s generous Budget is only possible because of the exceptionally good year we had in 2010. The Singapore economy grew an impressive 14.5% and what we are seeing in this year’s Budget is the Government’s way to share the fruits of our success and to help grow the social capital.”
“Even then, some assistance programmes have eligibility conditions that disqualify such families. In many aspects of public policy and discourse, single-parent families are looked upon as undesirable alternative household entities that are to be discouraged and are thus excluded from some social services that are available to "normal" two-parent families. For example, single parents are not entitled to maternity leave and maternity benefits, including the pro-natal baby bonuses. Applicants for HDB housing must be a proper "family nucleus" – comprised a married couple – in order to enjoy the subsidies and grants. This excludes unmarried single-parent families by default and has significantly disadvantaged such families to live in subsidised public apartments. Disadvantages are also found in tax policies. For instance, tax relief granted to married parents to employ domestic maids is unavailable to single-parent households. Thus, instead of being helped, single-parent families are often discriminated or disadvantaged by Government policies. The current state of affairs makes it extremely challenging to bring up children in single-parent families. I personally have encountered such cases at my weekly Meet-the-People Sessions (MPS) and I really hope the Government can relook at this and extend a much needed helping hand to these families. I am relieved that in the Government’s push for raising productivity by hiking the foreign worker levy, the foreign domestic worker (FDW) levy is not affected. However, I am disappointed that the foreign domestic worker levy is not reduced to lighten the financial burden of families, especially those who need them out of necessity, such as families with young children, elderly and the disabled.”
“In addition, the adjustment to the personal income tax regime also benefits the middle-income earners, and these changes are permanent with significant savings in the tax amount paid in the long run. While I applaud the Government for its effort for being as inclusive as possible in this year's Budget, there are two issues which I would like to highlight and wish that the Government will consider addressing in the near future. This year's Budget did not address the very special needs of single parents. No one would want to be a single parent if given a choice, and many are forced by circumstances. While the Government does not want to give generous assistance that encourages the growth of "undesired" alternative households and the erosion of Asian values, ignoring the magnitude of this issue will lead to adverse social consequences, affecting the opportunities of children in such families. Regretfully, the current public policies do not address the thorny issues and predicament faced by this group. Single parents are already facing tremendous pressures from society and the current discriminatory Government policies do not make things any better for single-parent families. Employment, housing, dealing with ex-spouse and helping their children cope emotionally are just some of the other issues that they need to grapple with. Many single parents also find it difficult to seek proper full-time employment because of the lack of support from their own families and they end up having to look after their young children themselves. Single-parent families are not specifically targeted by social security policies in Singapore. Lower-income single-parent families have to compete with other vulnerable groups for means-tested social assistance.”
“It also speaks very well of this Government – one that exercises prudence, responsibility and care for its people; likened to a loving parent who provides for the children. A good parent will not hesitate to do what is right and in the best interest of the child. The love of a parent is unconditional, one that is inclusive, forward-looking and generous. Parents also provide the necessary skill set for the children, with the ultimate objective of equipping the children with the right values, being independent and able to stand on their own two feet, and to eventually contribute back to society. I see these qualities reflected in the way the Government manages the country and cares for its citizens. I am also delighted with the Government’s "Grow and Share" package, which includes cash dividends, bonuses and rebates to individuals and families totalling $3.2 billion. Rightly so, this package is tiered so that those with lower incomes will receive substantially more than the more well-off citizens. This is timely as it will help Singaporeans cope with the rising costs of living, a concern many of my parliamentary colleagues had spoken about and raised yesterday. In addition, this package also encourages Singaporeans to adopt a positive mindset in self-reliance in the form of employment. To supplement the existing Workfare Income Supplement (WIS) scheme, there is the Workfare Special Bonus disbursed over the next three years. Lower-income workers will receive bonus payouts amounting to 50% of the full-year WIS in cash this year, and bonuses equivalent to 25% of their WIS in 2012 and 2013. The sandwiched class is also not left out in this year's Budget. There is a one-off personal income tax rebate of 20% up to a maximum of $2,000.”
“Mr Speaker, Sir, I rise in support of the very generous and inclusive Budget announced by the Finance Minister. This $6.6 billion Budget is not just a big bonus to impress and please Singaporeans, but one that is well-thought through, with grand plans to grow the real incomes of Singaporeans by 30% by the next decade and to strengthen our society in the long run. Its generosity is made even more significant against a backdrop of a lacklustre economic outlook in Europe and the slow economic recovery in the United States. Sir, Singaporeans have indeed demonstrated our resilience and unity in overcoming one of the worst economic crises that besieged the world in 2009. Our ability and our resolve to bite the bullet, coupled with the excellent tripartite relationship, are all contributing factors for the rapid bounce back to a strong positive growth last year. Our national reserves which we had painstakingly accumulated over the past four decades of nation building had proven to be one of the effective weapons in helping Singapore weather this storm. Without the strong leadership of this Government and the "never say die" attitude of Singaporeans, we would not be celebrating the fruits of our economic recovery today. However, what struck me most about the Budget were not the multi-million dollar packages designed to help the individuals, families or businesses, but the very fact that the Government will put back the $4 billion into the reserves to replace what it had drawn down in 2009 during the global financial crisis to fund the Resilience Package. This reflects the prudence and the "saving for a rainy day" approach even in good times like these, when Singapore had achieved a sterling 14.5% GDP growth.”
“I would like to thank the Minister for the reply. I am glad that all safety measures were in place in this incident. I understand that there had been several physical activity-related deaths over the past few years, and one life lost is one too many. I would like to ask the Minister if the investigation results and lessons learned in this incident were shared between the Ministries and also with the relevant stakeholders; if not, whether such a practice can be implemented so that organisers of sports-related events can learn from this incident and minimise unnecessary loss of lives in the future.”
“Mr Speaker, there is no doubt that with the rapidly ageing population, the demand for nursing homes and step down care will increase. However, I would like to caution that we should not send the wrong message to Singaporeans that sending the elderly sick parents to a nursing home is a desired choice. Therefore, I would like to ask the Minister if homecare services are being looked into, and whether MOH should consider homecare as the first option before granting places in nursing homes.”
“This is important as there may arise frequent situations where there is a relatively blurred line between actions that can be carried out by, say, a physiotherapist versus an occupational therapist. In teaching institutions, for example, whereby there are clear distinct guidelines and definitions, usually there may not be any problems. However, in the private sector, this can sometimes be a bit more nebulous and for the more generic tasks, however, I agree that harmonisation of standards is, of course, acceptable. Finally, Sir, will the Ministry of Health (MOH) consider licensing premises where allied health professional services are practised and offered? This can act as another level of checking mechanism besides just regulating the professionals themselves. Mr Speaker, I am highly excited about this Bill and I am looking forward to its implementation. I feel it will enhance the performance of our allied health professionals – my partners in healthcare delivery. 3.27 pm”
“When using this categorisation, it becomes important that we have: (1) adequate supervision by trained supervisors; (2) proper documentation of practices and maintaining of logs of certain skills; and (3) a coordinated central secretariat to monitor and surveil accordingly. This would mean having enough manpower as the duties can be very labour intensive. This secretariat will have to network, coordinate and liaise very closely with the various institutions. It is, thus, necessary to keep the registration framework simple and easy to execute and monitor. With the passing of this Bill, Sir, it is inevitable that continuous learning and continuing education must become formalised. As in other professions, I feel that it must be linked to the renewal of practising certification. The Ministry will have to decide on the timeline for renewal, eg, yearly, two-yearly, three-yearly, and so on. Sir, I support that the Allied Health Professions Council should have representatives from all different professions. But instead of having equal numbers from each profession, will it be possible to use a proportionate formula? For example, since we have more physiotherapists compared to, say, speech therapists, we should have more of the former represented on the Council, who will then work with the hierarchical committees and professional boards to be set up at different institutions and levels. This way, the model will be one of a "division of labour". Sir, one of the areas which I feel should be given special attention to is the definition of "job scope", ie, what can and cannot be carried out by these professionals.”
“While establishing one can be achieved easily, the coordination of the various requirements can be challenging considering the diverse groups of allied health workers. Mr Speaker, Sir, the proposed Bill will inevitably raise the standard and professionalism of allied health professionals. This mirrors very closely those of other healthcare professionals. On that note, I support the Bill. 3.23 pm Assoc. Prof. Fatimah Lateef (Marine Parade): Mr Speaker, Sir, this Bill is an important one and represents a milestone for allied health professionals. Accreditation is indeed the way forward. We cannot run away from surveillance of competence and practice performance. With the rising expectations from all sectors, maintaining good standing and standards of care is indeed crucial. This Bill will most certainly enhance the credibility of our allied health professionals, an increasingly important group of our multi-disciplinary healthcare teams. I have a few issues to raise. Firstly, in the initial stages, only occupational and speech therapists as well as physiotherapists will be regulated. What will be a timeframe for the rest of the allied health professionals to be regulated? I hope that this will not take too long. I also agree that, as this can be considered as an omnibus Bill covering so many professions in allied health, we may face many teething issues which require finetuning along the way; and thus a call for flexibility and adaptability on the part of those concerned. Lessons can be taken from the Opticians and Optometrists Bill which was introduced in 2007 and until today, there are still finetuning issues going on. I support the various different categories of registrations stipulated. This is very much similar to that used by the medical professionals.”
“Clause 37 provides a voluntary insight mechanism for the registered allied health professional who believes that his fitness to practise is impaired by reason of his physical or mental condition; or the quality of his professional services does not commensurate with the minimum standard which is reasonable to expect of an allied health professional to voluntarily restrict, suspend or remove his practising rights. On the contrary, how would the Ministry of Health handle cases where the practitioners deliberately hide their physical, mental or professional incompetence and continue practising without informing the Council? This Bill also provides for the Disciplinary Proceedings with clauses 43 and 44 allowing the Complaints Committee to refer parties involved in the complaints for mediation and appointing an investigator to investigate the case respectively. I would like to clarify with the Minister – how are the mediators and investigators selected and what are the necessary credentials for their appointment? Will there also be guidelines on the advertisements of allied health practitioners, similar to that of the medical profession? Finally, I would also like the Minister to clarify the roles of the Performance Assessment Panel, Fitness Assessment Panel and the Health Committee as there is a tendency to misinterpret them as being synonymous. Mr Speaker, Sir, the practice of medicine is always evolving and the various disciplines of allied health professions are no exceptions. Practitioners must continue to remain relevant and competent by upgrading their knowledge and skills. Just like the medical, dental, optometrist and opticianry professionals, a compulsory continual professional education programme will be necessary for all allied health practitioners.”
“Besides the current list depicted in the first schedule, will the Minister consider regulating the chiropractors, homeopaths and the other allied health professions in the near future? Clause 6 of the Bill spells out the composition of the Allied Health Professions Council. Will there be a minimum representation from the various allied health discipline and is there a maximum number of members in the Council? Clause 15 provides that the Registrar may remove the name of a practitioner who has not renewed his practising certificate for a continuous period of not less than two years. For such practitioners whose registrations have lapsed and deregistered as a result for whatever the reasons may be, what is the mechanism for the reinstatement of the practising rights? Clause 18 deals with the conditional registration of allied health professionals. Conditions are imposed on practitioners under this registration and this is often applicable to fresh graduates and returning overseas practitioners. Should these conditional registrants work under close supervision in a public institution where the working conditions usually provide a more comprehensive training and supervisory environment or can they be attached to private institutions where the workload and scope can be more restricted? Is there a maximum number of years or maximum number of renewals imposed on these conditional registrants? Practitioners who are placed under conditional registration for a prolonged period usually reflect the dubious competency of the allied health worker.”
“The establishment of the Allied Health Professions Council as the regulatory body for the prescribed allied health professions will empower it to handle all matters, including registrations, training requirements and programmes, professional conduct and disciplinary proceedings of allied health professionals. The more structured registration process is important in accrediting allied health professionals. Due to the current shortage of allied health professionals, we will expect many to be recruited from overseas. Allied health professions encompass a varied and diverse group of healthcare professionals. The current list in the First Schedule has included just 10 professions, namely, physiotherapist, occupational therapist, speech therapist, audiologist, clinical psychologist, radiographer, radiation therapist, podiatrist, prosthetist and dietician. The attempt to regulate a wide spectrum of healthcare professionals in a common Bill can be interpreted as one of convenience and can lead to many challenges, due to the diverse job descriptions and their individual peculiarities. The harmonisation of the registers of practitioners, complaints proceedings, composition of disciplinary tribunals and its various committees can be very complex. I applaud the Ministry for this concerted effort in drafting this umbrella legislation with subsidiary legislations covering the various professions. Though tedious, it is definitely a more efficient option than to take a piecemeal approach that can be very time consuming. Whilst I welcome the introduction of this Bill, I would like to raise some concerns for the Minister’s consideration.”
“Mr Speaker, Sir, I rise in support of the Allied Health Professions Bill. This Bill is introduced at an appropriate time when the roles of allied health professionals become more important with the changing healthcare landscape in Singapore. The rapidly ageing population and the increased prevalence of chronic diseases will inevitably lead to an increase in demand for allied health services. This change will necessitate regulation of the industry to ensure a high standard of service delivery. Allied health professionals are clinical healthcare professionals distinct from doctors, nurses and dentists. They work hand-in-hand with medical professionals by providing a range of diagnostic, technical, therapeutic and support services to patients. Singapore currently faces a shortage of allied health professionals. For example, there are currently about 800 physiotherapists in Singapore and this figure on a per population basis is way behind that of Hong Kong and Australia. In Hong Kong, the ratio is one per 30,000 whilst that of Australia is one to 10,000-12,000 population. The comparative ratio for Singapore is one per 50,000 based on a population of four million. There is, therefore, a need to train more and recruit more from overseas in order to meet the demand as the population ages. The purpose of this Bill will serve to establish a legislative framework for regulating allied health professions for the protection of the general public. With the introduction of this Bill, the professional competency of allied health professionals will be strengthened and the public can be assured of a higher standard of care. It also provides a proper regime to handle complaints and disciplining errant practitioners.”
“I would like to ask the Minister of State this: although the obesity rate is below 10% and does not seem to be too alarming, are there any comparisons with other countries or countries around our region? The second supplementary question is: we know that the availability of junk food contributes to obesity in schools. Does MOE have any guidelines as to what kind of food can be sold at the school canteens and how do we monitor that?”
“I cannot imagine the humiliation and pain such a decision will cause to both parties. I can imagine though that it may result in irreconcilable damage, social relations between the parents and child. I hope we can protect aged Singaporeans from having to make this decision and spare them from this torment. An aged Singaporean should not be totally void of resources before the State steps in to provide for her well-being. What do we do when an aged Singaporean has no children to fall back on? We cannot invoke the Bill. So, do we then say we support the single elderly, but not those with children? Surely not, for that will result in serious ideological contradictions that the State should punish the very people who abided by the prescribed normal family ideology of getting married and raising children. I did not support the Maintenance of Parents Act, and therefore, I do not support this Amendment Bill. But I want to place on record my appreciation to my hon. colleagues who have tabled this, for it forces us to debate on social issues that are critical for Singapore’s long-term stability. Mr Seah articulated that the Bill serves to reinforce values of our society. I would contend that a better way to set norms is through pro-family policies, for example, like the provision of tax incentives for parent care to encourage children to do the needful and do the rightful. 5.48 pm”
“As Singaporeans marry later, and start their families later, by the time they reach retirement, their adult children may just be starting to build their careers and grow their families. It will be a tremendous crunch on these sandwiched families to have to manage childcare responsibilities as well as eldercare responsibilities. The pressure will be acute for those from one-child families, and who themselves marry spouses who are also the only child. All in, these trends alert us to the inevitable – that as Singapore ages, we will find more elderly Singaporeans who will need the State’s help in their golden years. To prepare for this, we must ensure that we have in place an infrastructure that is elder-friendly. I am not asking for more handouts, or that we should reverse our stance towards promotion of self-sufficiency. Rather, I am proposing that we apportion more resources towards building an infrastructure that supports gracious ageing: affordable healthcare facilities for eldercare needs, affordable housing options for older Singaporeans that are situated within communities which provide amenities and support older residents needs, and to have in place a support system which ensures that no elderly Singaporean will need to go without nutritious meals each day. The hallmark of a great nation is one where her citizens, after tolling a life time, can age gracefully without fears or worries. The very existence of the Maintenance of Parents Act is a barrier that may have stopped those in need from stepping out for help because they do not want their children to be implicated at needs assessment. I think it is a very sad occasion when a parent decides to invoke the Maintenance of Parents Bill to force support from their children.”
“So, this contradicts the guiding principles of how a family is run. We continue to be here for our family regardless of how they might reciprocate. Simply because we are family, and that is what family is all about. Therefore, a functional family will never have to resort to invoking this Bill. So I would argue that to ensure that we can continue to rely on the family as a social safety net, rather than make amendments to an Act that is based on inherently flawed arguments, we should put in place sound social policies that will enable us to strengthen families and allow Singaporeans to age gracefully. First, we must continue to work at repositioning the family to the centre of our society and to ensure that Singaporeans are able to enjoy a healthy work-family life balance to give them sufficient time to nurture family relations. Second, looking at our population profile, we must anticipate that Singaporeans are living longer, and more will be ageing alone. Therefore, we must put in place affordable insurance schemes that will allow younger Singaporeans to prepare responsibly for a financially independent retirement. Third, as Singaporeans live longer, we must institutionalise re-employment for retired workers for those who are able to and need to continue working. Finally, rather than depend solely on the family as social support for the elderly, we must prepare an infrastructure that can support the vulnerable aged who may not have children they can turn to. Population trends advise that the proportion of singles is set to grow. For those who do marry, a vast majority will have small families.”
“The original Act and this amendment Bill is not about legislating filial piety. Rather, today’s debate is about the role of the State in policing the family. Do we want our families to be governed so closely by the State, such that investments in growing children must be carefully accounted for and documented so that when need be, the files can be pulled out to legitimise charges on our children? As a mother, I will not want my children to see my love for them overshadowed by a discourse on reciprocity of care. In our contemporary society, parents can choose if they want children and, to a certain extent, how many children they can afford to raise. It is a conscientious choice that adults make. As parents, when we put the best we have into child rearing, we pray that we will raise our children well, and they will become responsible adults and filial children. However, as responsible parents, we must also plan for our retirement and live within our means to prepare sufficiently for our golden years. The Maintenance of Parents Act which this Bill aims to amend hopes to alleviate the financial strain on the State as our population ages. Therefore, the Bill facilitates vulnerable elderly to hold their children financially responsible for eldercare. I think this Bill only serves to trivialise family relations. Can we quantify how much investment the parent had put into each child? A more serious concern that arises from this discourse of reciprocity: that a parent who did not invest sufficiently in child rearing does not deserve to be cared for by their children. Is this what we want to teach our children? How many of us can safely say that we have lived a life without regrets, making wrong turns and decisions?”
“As a family sociologist, I would argue that the central and indispensable role that the family plays in our society is upheld by the unique nature of family relations. Family relations are not governed by a rational choice paradigm where notions of reciprocity can be quantified into neat mathematical models. We choose to invest in family. But we also enter this commitment with the keen appreciation that we may not be able to control the outcome. In fact, one might even argue that if we embrace a rational choice perspective, few would end up choosing to invest in family. Rather, family exchanges are characterised by altruistic motivations. Often times, the rewards of our investment in family are intrinsic in nature. Notions of love and filial piety are abstract constructs that are extremely difficult to measure. This Bill proposes that we enhance an intermediary layer of administration to determine how much parents had invested in growing their children, and to translate that investment into a quantifiable amount to advise recommendations on the portion of maintenance each child is responsible for. While I appreciate the merits of the proposal for mandatory mediations, nonetheless, it does not address the contradictions inherit in the original Act. Should public servants paid by State funds be engaged in adjudicating private matters of the family, arbitrating who was a good parent and how much love or filial piety the child has to return? More importantly, who is qualified to execute such a lofty task – to determine how much money a parent’s love is worth? Personally, I think if that is the key performance indicator (KPI) of the Officers of the Tribunal, then they are doomed to fail.”
“However, at the end of the day, I feel that the proposed processes may but only serve to add layers of administrative labour that does not and will not address the inherent flaws in the original Act. Mdm Deputy Speaker, if I may now speak on my concerns on the Bill proper. The intent of the original Act was to provide a safety net for the vulnerable elderly parents to seek assistance from their children when they are unable to secure means to provide for themselves. This expectation, that children should take care of their aged parents, is based on the notion of reciprocity, for parents were the caregivers when their children were dependent minors. Herein lies the serious contradiction. I believe we cannot treat the parent-child exchange as a contractual agreement. When consenting adults marry, they enter into a legal contract with the State and with each other. When parents choose to have children, we, too, enter a contractual agreement with the State to exercise responsible guardianship for our vulnerable dependent minors. However, from the child’s perspective, there was no active decision taken. Children did not choose to be born into their respective families. So how can we then hold them legally responsible for their parents? Mdm Deputy Speaker, as an individual, I fully embrace and subscribe to the ideology of filial piety. Just as our parents had loved us unconditionally and cared for us when we were not yet able to fend for ourselves, we must, in turn, love our parents and care for them when they are vulnerable as they age. But this is a moral stance and not a legal one. My main contention with the Maintenance of Parents Act, which this Bill aims to amend, is its attempt to translate a moral obligation to a legal requirement.”
“May I ask who chairs and sits in the Appeal Committee and how do we ensure that the appeal would be impartially considered since the decision to dismiss the application in the first place is made by the President or the Deputy President of the Tribunal? (b) Clause 2 amends section 3 to require a person who is making a claim for the first time to refer his claim to the Commissioner for review before making a formal application for maintenance order. I would like to clarify how many cases do we have per year and how long is the process from notice of application to case completion? Will this new amendment create a backlog of cases? In conclusion, the Bill should be supported, for it gives protection to helpless old citizens with no financial means and who are deserted by their children. However, special emphasis also needs to be paid to ensure fairness to children as well. It is not fair that children are hauled to the Tribunal the moment a parent files a complaint without thorough investigation into whether they themselves have been responsible parents. The financial situation of the children should also be taken into consideration. The Bill is sparked with good intent but fraught with many slippery points that can cause deep-rooted resentment if not handled carefully. Mdm Deputy Speaker, on that note, I support the Bill. 5.34 pm Assoc. Prof. Paulin Tay Straughan: Thank you, Mdm Deputy Speaker, for this opportunity to share my thoughts on this Bill. The amendments detailed in this Bill aim to improve the administration and operation of the Maintenance of Parents Act. Before I comment on the Bill proper, I would like to thank the Workgroup led by Mr Seah Kian Peng for the hard work they put in soliciting feedback from the various stakeholders.”
“We should inculcate in our school children the notion of filial piety and also educate parents to fulfil their parental duties and avoid being "absentee-parents". If the parent, either father or mother, has been visibly absent during the formative years of the child, it would be hard for the children to accept the responsibility of looking after the "absentee-parent" when he or she grows old. If responsibility is enforced via legislation, a lot of bitterness would be created instead. How to prove the neglect of parental duty is another controversial issue. The child forced to provide maintenance for his parents may say that his parents were "absentee-parents". The latter may counter by saying that he was absent because of the need to work hard to support the family. It is difficult to judge who is right and who is wrong. Often we see needy people who refuse help because of pride, for example, some of the old people who collect garbage on the street. We also see destitute parents, abandoned by their high-paying and well-educated children, who would rather suffer in silence than go to the Tribunal, for fear of making their children lose face. In such situations, do we respect their wishes or do we do the right thing and take the unfilial children to task? Does the Bill provide for whistle-blowing on irresponsible children? In addition, I would also like to raise some concerns about specific amendments to the Bill: (a) Section 3 (subsection (7)) states that an applicant who is aggrieved by any decision under subsection (6) can appeal within 14 days.”
“In the Chinese folklore of Justice Bao （包清天） versus the Scholar Chen Shi Mei (陈世美状元), the issue was not over his failure to look after his parents. He was condemned for the intended murder of his wife because he wanted to be a Princess Consort. Abandoning his wife and children carried a bigger sin in the eye of the ancient Chinese law. Although leaving his parents behind was a moral sin, it was not a crime. This was because traditional Chinese wisdom recognised that even a righteous official could not solve his own family dispute (清官难判家务事)！ Secondly, using legislation to ensure parental maintenance suggests litigation. While the legal system can settle disputes fairly, it is nonetheless adversarial. Between parents and children, there is too much at stake and too many differences to settle through the legal system. Taking the matter to court would not help improve parent-child relationship, it might even deepen discord, disharmony and hatred. Hence, the Maintenance of Parents Bill needs to recognise this fact. When settling years of hatred and bad blood between parent and child, the carrot is preferred over the stick. Mediation, persuasion and negotiation (not necessarily in this order) should take precedence over the use of the law. It is not helpful for the children to maintain their parents financially under the court order yet ignore the emotional needs of their parents. The ideal outcome would be for everyone to know his or her role in society and then there will not be any need for this law. Notwithstanding the imperfections in the society right now, the trend of parental neglect should be stopped at its roots.”
“[For vernacular speech, please refer to Appendix A *.] Singapore is essentially an Asian society. The way we act, behave and organise ourselves is very much dictated by our history and culture. We are also an immigrant society and thus the history and culture of our forefathers' motherland exert tremendous influence on our own beliefs. Unlike our western counterparts, it is common for adults, even as old as 30 to 40 years old, to be living with their parents. In Asian society, the moral duty to look after our parents after they have grown old is expected of all children. In the west, the reverse is true – children are *Cols. 1819-1822. expected to move out and start their own life the moment they enter adulthood and they are not expected to look after their parents after they have moved out. It would be most unheard of for the parents to take their children to court to force their children to look after them. This is where we, Asians, differ from the west. Having said that, although most Asians would look after their elderly parents, the situation has changed a lot in the modern era. More and more elderly parents are being abandoned at nursing homes. Worse still, some elder folks are being abandoned by their children to fend for themselves. It is imperative for the Government to step in and ensure that parents are not being abandoned and that children do not shirk from their responsibilities. Ensuring children to live up to their responsibilities for their parents via legislation is tantamount to walking uphill on a slippery slope. Throughout China's 2,000 years of history, there was no record of forced parents' maintenance through the courts.”
“Thank you, Minister, for the reply. I would like to ask the Minister a few supplementary questions. Firstly, how many IVF Centres did the MOH find which did not follow the recommended SOPs and as a result, it could possibly have resulted in other mix-ups which were not detected? Secondly, what is the right of the patient whose specimen has been mistakenly used for this IVF incident and whether he should be informed of this mix-up? Lastly, with regard to the Straits Times' report on the scarcity of sperm donors, what is the Ministry's position on this and is this is a cause for concern?”
“Tobacco companies do have corporate social responsibilities going on in our community. One example I would like to quote is the "Food from the Heart" programme, supported by Phillip Morris; 2. These companies do employ Singaporeans earning their living; 3. How many of us know that, if an employee of a tobacco company or his or her family members passes on, the company is not allowed to put the company’s name and logo or insignia of any sort with the obituary; and, finally, 4. Give this a thought. Does the average smoker in the street even know names like: Phillip Morris, Peter Stuyversant, and so on. Perhaps, the only thing these smokers care about would be that they have their cigarettes and they get to smoke it too. Sir, I support the Amendment Bill. I also hope with the arguments I have put forth, consideration will be given to the controlled regulation and usage of certain products in the specific situations I have discussed.”
“If indeed the R&D is done rigorously, becomes successful and the products can be proven scientifically to possess reduced harm claims, then laws that can permit objective assessment of the evidence presented by these harm reducing products, instead of a blanket rule to ban completely, will be worthy of our consideration. It is also interesting to note that "nicotine is the primary substance responsible for tobacco dependence, but the majority of harm caused by tobacco use is not from nicotine, but from the by-products of smoked (or from burning) tobacco, such as fine particulates, carcinogens and noxious gases, including carbon monoxide." If levels of toxic chemicals can be drastically reduced by heating tobacco, instead of burning it, or by changing the mode of delivery of nicotine, there is a chance of developing a product that might be less harmful. Sir, there is a good body of rich literature and active R&D going on globally on this topic. There may be potential spin-off benefits for Singapore. The presence of scientists in systems biology, state-of-the-art computational science, and disease modelling, allows for the osmosis of ideas, bridge gaps in knowledge, and creates a fertile R&D environment. Hopefully, this will facilitate some break-throughs. After all, we can be selective in deciding which ones to be allowed in for regulation. I do support the ban on the sugarcoated and other nicotine candies which may prove attractive to children and youth. My second point relates to sponsorship and advertising. With this Bill, we will be removing the exemption clause which allows companies to sponsor arts and cultural events and be publicly acknowledged. Sir, I would just like to share with the House the following information: 1.”
“Harm reduction is an essential component of many aspects of medicine and day-to-day living". In 2008, the American Association for Public Health Physicians adopted the policy of "encouraging and enabling smokers to reduce their risk of tobacco related illness and death by switching to less hazardous smokeless tobacco products". Smokeless tobacco has been proven to have much lower nitrosamine content, is less harmful than cigarette smoking, is not associated with respiratory illnesses such as chronic obstructive lung disease, and does not cause problem with passive smoking and third-hand smoke. In fact, tobacco-related mortality in low nitrosamine smokeless tobacco is only 10% of the risk of cigarette smoke. The Swedish experience with snus is like a natural "experiment" that has been going on. Since the usage begun, they have lowered lung cancer mortality and there has been no increase in the incidence of head and neck cancer and also several vascular accidents. The International Primary Care Respiratory Group (IPCRG) published a consensus statement in 2008 on tackling the smoking epidemic, "therapy to manage nicotine dependence can significantly improve patients’ chances of quitting successfully and is recommended for people who smoke 10 or more cigarettes per day". Surely, Sir, sound medical principles of tobacco harm reduction, as in the examples above, may be a regulatory move worth considering here in Singapore, instead of a blanket ban completely. Sir, Singapore has a R&D laboratory, aimed at developing next generation reduced harm products that are substantiated by scientific evidence.”
“In this Bill, Sir, there appears to be a lack of tobacco harm reduction strategies. As such, I would like to propose having an option of a strategy to shift current tobacco users who cannot and are unable to quit to the less harmful nicotine products. Overall, the use of smokeless tobacco products confers only 2% of the health risk of smoking and the public health impact would be incredibly reduced. This offers them a gateway to quitting. It is also possible to restrict this further such that it is only for persons undergoing "quit" programmes by recognised bodies and institutions, and not for underage youth or unsupervised usage. These people can be monitored closely by the implementing institutions. This way, we can offer an option to those who need help to gradually quit in a controlled manner. On the other hand, Sir, if we do put forth the blanket rule ban, without assessing the evidence of these harm reducing products objectively, a large proportion of the remaining smokers will continue to smoke and will have a 50% chance of dying. We have the statistics from the Minister for Health and indeed it is not something that we want to hear – increasing numbers every year. Therefore, I feel tobacco harm reduction must come in. In the US, for example, the Food and Drug Administration (FDA) legislation requires manufacturers of safer tobacco products to prove that they will have no significant population effects before they are marketed. Also, Britain’s Royal College of Physicians, a prestigious body indeed, strongly endorses tobacco harm reduction. Comments from the College include, "smokers smoke predominantly for nicotine. If nicotine can be provided in the form of a cigarette substitute, millions of lives can be saved.”
“In conclusion, I would like to applaud the Ministry’s continuous effort in strengthening tobacco control and also in educating the public on the adverse effects of tobacco smoking. The WHO has estimated that, on a global scale, one person dies from a tobacco-related illness every six seconds. The sad fact is that smoking is also the most avoidable cause of death. Smoking-related diseases and death must be seen as an epidemic and a serious public health concern. The Government must continue its effort in tackling this problem, as long as Singaporeans continue to light up. On that note, I support the Bill. Assoc. Prof. Fatimah Lateef (Marine Parade): Mr Speaker, I would like to firstly declare my interest as a practising medical practitioner, in stating suggestions and proposals for this Bill. Smoking kills six times as many people as those dying from road traffic accidents, suicide, murder, poisoning, manslaughter and HIV-related deaths all put together. Cigarette smoke has over 4,800 chemicals, and of which 70 have been proven to be carcinogenic. In general, policies that encourage existing smokers to quit and discourage non-smokers from starting are ideal. However, it is not a perfect world. I am in agreement with the suggested amendments. There are, however, two areas which I would like to elaborate on. Firstly, on tobacco harm reduction. Harm reduction is a widely accepted strategy in public health that recognises that there will always be people who engage in risky behaviours. As abstinence is regarded as an unrealistic goal for some, the objective of harm reduction is to mitigate the health risk associated with the risky behaviour. Tobacco harm reduction acknowledges that a significant portion of tobacco users is unable or unwilling to break their addiction.”
“How did MOH come up with this period of 12 months and is this time-frame adequate or realistic to ensure the industry compliance? All smokers must be made to understand that the only safe thing to do is not to smoke at all. Whilst we rationalise that a complete ban may not be realistically possible, the Government's approach to maintain the twin-pronged strategy of preventing initiation and encouraging cessation is an important step in the right direction. The amended section 15 prohibits the importation, distribution and sale of any alternative tobacco products. I understand the indiscriminate and unregulated use of alternative tobacco product can similarly cause harm. However, many studies in Europe have shown benefits of such products in helping smokers kick the habit. As such, I would like to urge the Ministry to consider allowing alternative tobacco products as part of the strategy to help smokers progressively stop smoking altogether. I believe that if the use of these alternative products are regulated and employed judiciously, it can add to the armamentarium of anti-smoking strategies. Sir, many smokers start smoking at a very young age. They usually pick it up out of peer pressure or curiosity and find it hard to quit later on in life due to the addictive effect of nicotine. It is indeed worrying to note that the smoking prevalence among young men and women have increased from 18% to 25% and 7% to 9% respectively. I would like to ask the Minister what are the possible reasons and what more can be done to arrest this rising trend. Should the proliferation of low-priced tobacco products be curbed and can the price of tobacco be tightly controlled to discourage the youth and even adults from smoking?”
“I would like to seek clarification from the Minister the reasons for the failure to achieve full compliance since 2004 and whether this has contributed to the increase in smoking prevalence among the young adults in Singapore in the last five years. The imposition of comprehensive ban on tobacco advertising, promotions and sponsorship in this Bill serves to fulfil our obligations to FCTC. Whilst the current Act prohibits advertising and promotion, it allows tobacco companies to sponsor arts and cultural events with public acknowledgement on a case-by-case basis, as approved by the Health Sciences Authority (HSA). The amended Act will eventually prohibit such sponsorships altogether. I would like to ask the Minister, why should such sponsorship be disallowed if the publicity on the sponsorship is not acknowledged and will this contravene the WHO FCTC? Will the advertising ban also include tobacco companies putting up congratulatory or condolence messages for staff or business partners? I agree totally with the Ministry's move to amend section 17(1) which mandates that the display of graphic health warnings be extended to the outer packaging, such as the box or carton that holds the individual packages. The new section 17A also prohibits the importation, distribution, sale of any tobacco product that has or is accompanied by any false or misleading packaging or labelling. Labels such as "mild" or "light" that give the impression to consumers that the product is less harmful will also be banned. A grace period of 12 months from date of Gazette will be given to tobacco companies to effect the necessary changes. This period, compared to the 30 months provided by the European Parliament and Council of European Union, seems rather short.”
“On top of that, Singapore has become the first in the world to mark all duty-paid cigarettes sold here to combat cigarette smuggling. Yet with all these measures, the prevalence of smoking in Singapore remains significantly high enough to warrant tougher measures. Are we doing enough to tackle this long-term enemy? Should we learn from Bhutan, a small remote Himalayan nation, to address this long time public health concern? Bhutan went on an offensive war against tobacco with a total ban on smoking in public places and sale of tobacco products in 2005. The ban forbids people from lighting up at government offices, hospitals, schools, parks and shopping centres, among other places. With this new law, Bhutanese are, technically, allowed to smoke in their homes and can even import small quantities of tobacco for "personal use", though they will pay as much as 200% in customs duties and sales taxes for the pleasure. This predominantly Buddhist nation is thought to be the first country in the world to impose such a ban. The moves are part of the government's effort to make Bhutan a smoke-free nation. Do we see learning points from such a draconian initiative? The Framework Convention on Tobacco Control (FCTC) was adopted by the World Health assembly in May 2003 and entered into force in February 2005. The FCTC was developed in response to the globalisation of the tobacco epidemic and aimed at reducing the demand for tobacco and regulating its supply. Singapore signed the FCTC in 2004 and has fulfilled its obligations, except on two where compliance is incomplete.”
“There is also a significant racial difference. Malays' smoking prevalence is more than double that of Chinese or Indians. Fortunately, our female smoking prevalence is low, at single digit percentage, except for young Malay ladies which stands at 14%. But more than half of women smokers are below 29 years old and their smoking rate has risen sharply from 5% in 1998 to 9% in 2007. It is irrefutable that smoking is detrimental to health. According to the World Health Organization, a person dies, on average, every six seconds from a tobacco-related illness. That is over 5 million people each year! They also stated that 50% of current tobacco users will die of a tobacco-related illness. Not only do smokers die early, they also deprive their families of income, raise the cost of health care, and hinder economic development. There are strong scientific evidences to link smoking to many serious ailments, such as heart diseases, chronic obstructive lung disease and cancers of the lungs, oral cavity and esophagus. Not only are the health of smokers affected by the habit, innocent bystanders, especially the family members, are also adversely affected by the second-hand smoke. Involuntary or second-hand smoke exposure can cause smoking-related diseases and premature death in children and adults who do not smoke. Children exposed to second-hand smoke are at an increased risk for sudden infant death, frequent respiratory infections and more severe asthma. The adverse effects of smoking have prompted many governments in the world, including Singapore, to mandate the prominent display of health warnings on cigarette packs. Singapore has led Asia by being the first to use graphic warnings depicting disease conditions such as lung and mouth ulcers to deter smokers from smoking in 2004.”
“Mr Speaker, Sir, thank you for allowing me to speak on this Bill. We all know that smoking is addictive and bad for our health. It can cause serious diseases and even death. Yet, people all over the world still smoke. As long as tobacco is available for sale in the market, smoking will continue. One may think that the most effective way to eradicate smoking will be a total ban of tobacco products. However, this will not work. A good example will be the abuse of illicit drugs. Many countries have strict laws against the possession, sale and use of banned substances. Yet, we still hear of drug addicts in our community, many of whom have their own creative ways of obtaining these banned substances from the black market. Similarly, a total ban of smoking will not eliminate this problem. It will only push it underground, causing a new black market for tobacco products. A more practical and realistic approach would be to help existing smokers quit and to prevent non-smokers from picking up the bad habit. Therefore, I support the Ministry's effort of introducing strict regulation in the control of advertisements, sale, marketing and use of tobacco products in Singapore. As a result, Singapore's smoking prevalence is among the lowest in the world. Concerted efforts of our National Smoking Control Programme since the 1970s have reduced our smoking prevalence from above 25% to below 14% currently. According to MOH's National Health Surveillance survey in 2007, about one in seven Singapore residents aged 18-69 smoked cigarettes daily. Daily smoking was most prevalent in young adults aged 18-29 years (17.2%). Men are six times more likely to smoke than women. The age-specific male smoking prevalence exceeds 20% for all age groups from 18 to 69 years of age.”
“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. – [RAdm [NS] Lui Tuck Yew]. Bill considered in Committee; reported without amendment; read a Third time and passed. ADJOURNMENT Resolved, "That Parliament do now adjourn to a date to be fixed." – [Mr Mah Bow Tan]. Adjourned accordingly at Twenty-four Minutes past Five o'clock pm to a date to be fixed. WRITTEN ANSWERS TO QUESTIONS FOR ORAL ANSWER NOT ANSWERED BY 3.00 PM REGULATION OF TATTOOING 16. Mdm Halimah Yacob asked the Minister for Health in view of the widespread risk of infections from tattooing whether he will consider regulating this activity so that only those who are registered can perform it and also impose a minimum age limit for anyone wishing to be tattooed.”
“To keep pace with these industry developments, we have proposed to remove PKI-specific references from the ETA. Requirements and details relating to specific technologies, whether current or new, will instead be provided in the ETA Schedules and various regulations made under the Act. The effect of these proposed amendments is that proven new security technologies can now be treated as comparable to PKI in ensuring the reliability and security of authentication services. We have also ensured that there will be no dilution in the regulatory controls that have been put in place to govern CAs in Singapore. For example, the Minister still retains the powers to issue regulations to safeguard or maintain the effectiveness and efficiency of CA services. The Controller appointed by the Minister retains enforcement powers over CAs, and has additional powers to issue directions requiring CAs to work with public and civil bodies for national emergency purposes. Mr Speaker, Sir, in summary, this Bill proposes to harmonise our laws on electronic transactions in line with international developments, and hence provide a conducive legal framework for e-commerce trade to flourish in Singapore. It also amends the ETA as part of our continual efforts to improve the delivery and use of e-Government services. Lastly, enhancements to the technology neutrality of the ETA will allow us to better respond to the ever-changing and continued developments in security technologies. Overall, the new ETA will facilitate the increased adoption and use of infocomm technology as a productivity tool, and at the same time, buttress Singapore’s position as an international infocomm hub. Sir, I beg to move. Question put, and agreed to.”
“The amendments to the list of exclusions presented in this Bill are merely additions that highlight the specific examples of documents and transactions excluded from the legislation. They are meant to provide greater clarity on the exclusions and for consistency with the UN Convention. With these exclusions, parties cannot rely on the ETA to satisfy the legal requirements, such as the need for writing or signatures, stipulated for the excluded classes of documents and transactions. However, parties are not prevented from conducting these excluded matters electronically. For instance, the Singapore Courts have recognised the use of electronic communications in agreements for the conveyance of land. Similarly, the exclusion of certain matters under the ETA does not invalidate the use of their electronic versions if they are deemed valid under other rules of law, such as in the Rules of Court for the e-filing of Court documents. Certification Authorities Mr Speaker, Sir, I will now touch on the last set of amendments, which seeks to amend the regulatory framework for Certification Authorities (CAs) to enhance the technology neutrality of the ETA. The current CA regulatory framework enshrined in the ETA is largely based on Public Key Infrastructure (PKI) technology. As this was one of the most secure authentication architectures at the time, we had used PKI technology as the benchmark for the integrity and security of authentication services offered by CAs in e-commerce transactions. Since then, new security technologies and solutions have emerged, and changed the authentication and security landscape both in Singapore and globally. Some of these new technologies like biometrics have begun to be adopted, as they have been found to be appropriate alternatives to PKI.”
“These requirements are necessary for various reasons – for instance, to ensure that the information can be properly processed by the system or to facilitate efficient processing of the documents. Hence, there will be provisions in the ETA to allow Government agencies to specify additional requirements for the retention or provision of electronic records and originals. Exclusions from ETA It is worthwhile to highlight that the ETA will not apply to all forms of electronic documents and transactions. When the ETA was enacted in 1998, it was recognised that there were certain classes of documents and transactions, such as wills and the conveyance of properties, which were not ready for the transition into the electronic medium. A decision was then taken to exclude them from the ETA. During the review, we had sought feedback on whether these exclusions should continue to be maintained given technological developments and growth in public confidence in the use of electronic documents and transactions. Based on the responses to the public consultation exercises, there is a general agreement that the exclusions should be maintained. We concur, and view that the reasons for having the exclusions continue to be valid in today’s context. Negotiable instruments and documents of title, for example, continue to be excluded because there is no internationally recognised standard for ensuring their uniqueness in the electronic environment. We also note that the exclusions are commonly adopted in other jurisdictions. There will hence be no change made to the classes of documents and transactions excluded from the ETA.”
“Using the integrated electronic form, the user needs to input his relevant information just once, instead of having to fill in the same information repeatedly in the multiple forms for the different e-Government transactions that he is performing. This saves time and effort on the user’s end, and improves overall efficiency in the delivery of e-Government services. Retention of records The other e-Government related amendments to the ETA are aimed at facilitating the Government’s push towards paperless public service delivery. Under some laws, Government agencies will require individuals or businesses to retain certain records for the purposes of inspection or for future reference. Some Government agencies may, in other cases, require original documents to be produced as part of an application process. The proposed amendments seek to establish that for such requirements, Government agencies will, by default, accept the retention or provision of the required documents in their electronic form. These amendments are recommended in view of the trends and merits in the use of electronic documents. As technology becomes available to safeguard the integrity of electronic documents, it has become increasingly common for businesses and individuals to convert, and create, their paper records and originals in electronic form. This is a more attractive alternative since paper documents are bulky and, generally, cost more to physically store and manage. There may be situations where public agencies will require electronic documents to be retained or submitted in a particular manner.”
“These amendments are necessary for Singapore’s legal frameworks to keep pace with international developments on the laws of e-commerce. In addition, by harmonising our laws on e-commerce with the UN Electronic Communications Convention, businesses in Singapore will not be subjected to different standards for domestic and international transactions. This prevents any complication arising from different definitions and conventions between local and cross-border electronic transactions. E-Government The second set of amendments to the ETA is aimed at facilitating the more effective delivery of e-Government services. Since the start of Singapore's e-Government journey some 30 years ago, the Government has consistently sought to improve public e-services for the benefits of citizens and businesses. This Bill supports our e-Government efforts by enabling the greater use of electronic documents and transactions in citizens' and businesses' interactions with public agencies. Use of electronic forms and intermediaries It is proposed that the ETA be amended to clarify that during transactions with public agencies, information can be submitted using electronic forms in the manner specified by the agencies, even if these forms do not resemble the physical prescribed forms required for the transactions. The amendments are proposed to provide flexibility for public agencies to design electronic forms suited for online transactions, and hence improve the customer’s overall e-Government experience. For example, public agencies can create integrated electronic forms to facilitate a user’s performance of multiple e-Government transactions from a single point of access.”
“In addition to these amendments, a substantial restructuring of the ETA has also been proposed in order to streamline the Act, and facilitate future amendments in response to technological developments. Since the existing ETA needs to be extensively re-arranged and amended in order to accommodate the proposed changes, we therefore seek to repeal and re-enact with amendments the ETA. Electronic communications in international contracts Mr Speaker, Sir, let me now move on to elaborate on the three sets of amendments to the ETA, starting with the alignment of the ETA with the UN Electronic Communications Convention. Developed by the United Nations Commission on International Trade Law (UNCITRAL) Working Group chaired by Singapore, the UN Electronic Communications Convention is an updated international legal framework for e-commerce that takes into account developments brought on by the Internet and other technological advances. It seeks to facilitate global e-commerce trade by establishing a set of comprehensive rules to guide the use of electronic communications in the negotiation and formation of international contracts. This Bill seeks to amend the ETA for consistency with the rules under the UN Electronic Communications Convention. Existing provisions in the ETA, such as those responsible for defining the time and place of despatch of an electronic communication, will hence be amended to follow the UN Electronic Communications Convention. New provisions that are currently not in the ETA will also be added. These new provisions include rules on the use of automated programmes in the formation of contracts, use of electronic originals in place of the physical originals, and clarifications on the rules in a formation of an electronic contract.”