Masagos Zulkifli B M M
Singapore
“Coordination between Early Intervention (EI) centres, families and preschools is important for the continuity of support for children with developmental needs.”
“The Taxi Subsidy Scheme supports persons with disabilities (PwDs) who are unable to take public transport, by providing means-tested subsidies to offset the cost of taxi travel to school, work and employment-related training supported by SG Enable.”
“The Skills and Salary Guidelines published by the National Council of Social Service (NCSS) guides social service agencies (SSAs) to pay their employees fair and competitive remuneration and maintain the sector's attractiveness. The Guidelines are adjusted so that salaries remain competitive with comparable roles in competing markets.”
“Staff turnover rates vary across social service agencies (SSAs). An individual's decision to leave an organisation is influenced by a myriad of factors, of which pay is only one.”
“Beyond the requirement of a structured daily programme, community-based SCFA administrators have the flexibility to offer programmes and additional enrichment activities that meet the needs of their students. MSF does not track staff salaries and turnover of SCCs in general nor those that administer SCFA.”
“Male preschool educators comprised about 1% of the early childhood workforce in each of the last five years. The Early Childhood Development Agency (ECDA) has not issued guidelines pertaining to the rules set by preschool centres specific to the conduct of male preschool educators.”
The complete record
Every one of 2,489 lines we hold for Masagos Zulkifli B M M, in date order, each linked to its source. Free to read, in full, without an account. Page 44 of 50.
“Madam, I beg to move amendment* (4), as indicated in the Order Paper Supplement. [(proc text) *The amendment read as follows: (proc text)] [(proc text) (4) In page 40, line 19, to leave out "Subject to subsection (2), where" and insert "Where". (proc text)] The amendment corrects a drafting error. [(proc text) Amendment agreed to. (proc text)] [(proc text) Clause 12, as amended, ordered to stand part of the Bill. (proc text)] Page: 64 [(proc text) Clauses 13-18 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 19 ‒ (proc text)]”
“Madam, I beg to move amendments* (1), (2) , (3) and (5), as indicated in the Order Paper Supplement. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 36, line 19, to leave out "of imprisonment"; (proc text)] [(proc text) (2) In page 37, lines 11 and 26, to leave out "of imprisonment"; (proc text)] [(proc text) (3) In page 40, line 17, to leave out "of imprisonment"; and (proc text)] [(proc text) (5) In page 41, line 10, to leave out "of imprisonment". (proc text)] The amendments clarify that the External Placement Scheme applies to all judicial sentences involving detention in a prison, and not only a sentence of imprisonment in the strict sense. [(proc text) Amendments agreed to. (proc text)]”
“Madam, in respect of amendments (1), (2), (3) and (5), as indicated in the Order Paper Supplement, may I seek your Page: 63 permission to move all of them together as the amendments are related?”
“Madam, I beg to move amendment* (6), as indicated in the Order Paper Supplement. [(proc text) *The amendment read as follows: (proc text)] [(proc text) (6) In page 33, to leave out lines 20 to 23. (proc text)] The amendment leaves out the Illustration to section 50ZF, which is unnecessary. [(proc text) Amendment agreed to. (proc text)]”
“Madam, I beg to move amendments* (4) and (5), as indicated in the Order Paper Supplement. [(proc text) *The amendments read as follows: (proc text)] Page: 62 [(proc text) (4) In page 19, lines 1 and 22, after "sentence", insert "(excluding a default sentence)"; and (proc text)] [(proc text) (5) In page 19, lines 5 and 23, after "imprisonment", insert "(excluding a default sentence)". (proc text)] The amendments clarify that default sentences are not relevant for the purposes of the MAS. [(proc text) Amendments agreed to. (proc text)]”
“Madam, in respect of amendments (4) and (5), as indicated in the Order Paper Supplement, may I seek your permission to move both of them together as the amendments are related?”
“Madam, I beg to move amendments* (1) to (3), as indicated in the Order Paper Supplement. [(proc text) *The amendments read as follows: (proc text)] [(proc text) (1) In page 12, lines 17 and 23, to leave out "2038" and insert "2037"; (proc text)] [(proc text) (2) In page 12, lines 20, 22 and 27, to leave out "2034" and insert "2033"; and (proc text)] [(proc text) (3) In page 12, line 27, to leave out "1 year and". (proc text)] The amendments correct certain calculation errors in the Illustration to the new section 50K(4). [(proc text) Amendments agreed to. (proc text)]”
“Madam, in respect of amendments (1) to (3), as indicated in the Order Paper Supplement, may I seek your permission to move all of them together as the amendments are related?”
“Madam, I beg to move the amendment* standing in my name, as indicated in the Order Paper Supplement. [(proc text) *The amendment read as follows: (proc text)] [(proc text) In page 2, line 30, leave out "of imprisonment". (proc text)] The amendment clarifies that the External Placement Scheme applies to all judicial sentences involving detention in a prison, and not only a sentence of imprisonment in the strict sense. [(proc text) Amendment agreed to. (proc text)] [(proc text) Clause 2, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clause 3 to 6 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 7 ‒ (proc text)] Page: 61”
“Thank you for the clarification. Every offender who has committed an offence under the Schedule will be subject to the MAS. But they will not always be emplaced on the first phase, which is the halfway house phase. They may be emplaced even at the last phase, depending on the assessment we make for them. [(proc text) Question put, and agreed to. (proc text)] Page: 60 [(proc text) Bill accordingly read a Second time and committed to a Committee of the whole House. (proc text)] [(proc text) The House immediately resolved itself into a Committee on the Bill. – [Mr Masagos Zulkifli B M M]. (proc text)] [(proc text) Bill considered in Committee. (proc text)] [Mdm Speaker in the Chair] [(proc text) Clause 1 ‒ (proc text)]”
“The EPS is distinct from the MAS. The EPS, unlike the MAS, is not meant to be a step-down arrangement to facilitate reintegration. The EPS is meant to right-site inmates in places more suited for their physical or mental conditions. The scheme will be tightly scoped. For a start, we will limit eligibility only to inmates who have been certified by Prisons- Page: 59 appointed medical specialists as being at the end-stage of a terminal illness with a poor prognosis. In addition, the Minister will be advised by an independent committee that will include medical professionals. Finally, the inmate will be subject to conditions and restrictions and closely monitored. The placement can be cancelled at any time if the inmate's circumstances change and external placement is no longer deemed appropriate. Mdm Speaker, I am glad that Members generally agree with me that there is a need to do more to deter offending and re-offending and help ex-inmates rehabilitate and reintegrate into society. The amendments which seek to introduce the CRS and MAS will strengthen Prisons' throughcare system, particularly in the aftercare phase. These two initiatives mark a paradigm shift in our rehabilitation of inmates. However, the inmate's motivation and will to change and his determination to turn over a new leaf for the sake of his family and himself is critical. Together with the support of the community and employers, we will help ex-inmates break the cycle of re-offending, return to their families, and reintegrate into society. I urge Members of the House to give support to the Prisons (Amendment) Bill. 3.52 pm”
“Next, I would like to clarify that the MAS will not replace but will build on current aftercare programmes that are already in place or aftercare programmes run by our community partners – the Singapore After-Care Association (SACA) and the Singapore Anti-Narcotics Association (SANA) – which all ex-inmates may register for after their release from prison or after they have completed their MAS. Halfway houses that are operated by VWOs also accept walk-in from ex-inmates. Those who are not covered by the MAS will continue to be able to benefit from these programmes. Ms Sylvia Lim asked about the amendments to the provision on the employment of auxiliary police officers (APOs) as escorts and guards. The objective of these proposed amendments is to facilitate the expanded deployment of APOs so that prison officers can focus on the rehabilitation and reintegration of inmates. APOs currently assist prison officers with escorting inmates of low and medium security risk to external locations, such as the Courts or hospitals, and guarding them while there. This amended provision will enable APOs to be deployed for functions, such as inmate escort within the prison complex and prison patrol. They will not be involved in rehabilitation functions. APOs deployed within the prison setting will continue to receive specialised training to deal with inmates and will be fully supervised by prison officers. The amendments will neither compromise prison security nor the safe custody of inmates. Prisons remains fully accountable for the safe custody of inmates both within and outside of prison. Finally, on the External Placement Scheme (EPS), I would like to clarify Assoc Prof Tan's point about the EPS, as well as address Ms Lim's queries on the need for and safeguards for the EPS.”
“Yes, he will be given a chance to explain his actions and hear the evidence against him. The intent of the MAS is not to punish the ex-inmate but to assist him in his rehabilitation and reintegration journey. There will also be an independent Advisory Committee set up to advise the Director of Prisons on MAS-related matters. This can include appeals from inmates themselves. As several Members noted, the CRS and MAS are significant undertakings for Prisons. I would like to reassure Members that Prisons has sufficient capacity should there be an increase in the prison population arising from breaches of the basic condition and MAS conditions. At the same time, with the implementation of the MAS, Prisons will be building up its aftercare capabilities and strengthening the aftercare sector as a whole. Prisons will be developing a halfway house in the new Selarang Park Complex to provide a structured environment to supervise and rehabilitate ex-inmates emplaced on the MAS. It will cater to both male and female ex-inmates, and will complement the efforts of our current halfway house partners who work with lower-risk inmates. Prisons will also engage more counsellors and case workers. Furthermore, Prisons has recently developed a new training and development framework to raise the competencies and capabilities of personnel and volunteers in the aftercare sector to support ex-inmates in the Page: 58 community. We will continue to work closely with our community partners, including halfway houses, to raise the capabilities within the sector. These are worthwhile investments and initiatives. We hope to see improvements in recidivism rates over the longer term with fewer ex-inmates returning to prison and a lower prison population over time.”
“As part of community reintegration, he is no longer subject to curfew hours or electronic monitoring. However, he will still need to attend counselling and casework sessions. This will continue till the end of his time on the MAS, which will be for up to two years. The example shows how the MAS is a structured programme with progressive step-down aftercare arrangements to help the individual reintegrate into society, build resilience to stay crime-free, and adapt to "post-imprisonment realities", as Assoc Prof Tan put it. However, I would like to emphasise again that it is just as important that ex-inmates be motivated to help Page: 57 themselves. There will be consequences when MAS ex-inmates breach their conditions. Mr Hri Kumar and Mrs Chiam asked about what constituted a minor and a serious breach. An ex-inmate would have committed a minor breach, for example, when he misses his counselling sessions or breaches his curfew hours. For such breaches, the Commissioner of Prisons may administer punishments, from tightening the ex-inmate's conditions to temporarily recalling him to prison. An ex-inmate would have committed a serious breach, for example, if he tampers with his electronic monitoring device, or if he has committed multiple minor breaches. For such breaches, the courts may sentence the ex-inmate to imprisonment for up to the remaining duration of his remission period at the time of the serious breach. Minor and serious breaches will be stipulated in the Prisons Regulations. The body administering punishments for breaches is calibrated to the severity of the consequences of the breach. Mrs Chiam asked what steps must the Commissioner take before he is satisfied that a minor breach has been committed.”
“The time spent and the intensity of the programme at each phase depends on the ex-inmate's progress over the course of the MAS, which will last for up to two years, even for inmates sentenced to life imprisonment or who have long sentences, and not indefinitely as Mrs Chiam thought. Let me describe the regime for an inmate under the MAS. Take the example of an inmate who is a repeat drug abuser and was sentenced to long-term imprisonment for six years. He is subsequently released from prison after serving four years, or at the two-third mark of his six-year sentence. He is then issued a CRO and subject to the basic condition for two years. As a drug offender, he is also emplaced on the MAS for up to two years. Based on Prisons' assessment of this inmate's circumstances, he is emplaced in a halfway house upon his release. The halfway house programme is a residential programme that will last for at least six months. There, he undergoes regular counselling and casework sessions to address his rehabilitation and aftercare needs. These sessions are meant to address his criminogenic needs and risk factors of re-offending. He will be able to leave the halfway house during the day to work. After several months in the halfway house, he is assessed to be coping well and making good progress in his rehabilitation and reintegration journey. Hence, he is allowed to return home and continues on the MAS while on home supervision. When on home supervision, he is subject to curfew hours and electronic monitoring, and continues to attend counselling and casework sessions. After several months on home supervision, he is assessed to be progressing well. He will then be placed on the final phase of the MAS, the community reintegration phase.”
“For example, Prisons works closely with community self-help groups, such as MENDAKI and SINDA, to provide incare and aftercare support for high-risk inmates and their families. This is known as wrap-around care, which provides support to both inmates and their families during this difficult time. Prisons is also working on a pilot project with the National Council of Social Services to leverage on localised Family Service Centres to provide even better wrap-around care for inmates and their families to meet their specific needs. I agree, therefore, with Mr Faisal that support services provided by case workers during the MAS should be accessible to ex-inmates and that proximity is important. They should ideally be near where ex-inmates live or work. This is why the centres for MAS casework and counselling will be located across Singapore. Our multi-stakeholder approach to throughcare has worked well and we will continue to work closely with the various stakeholders and community partners on our throughcare programmes. Next, I would like to reassure Mr Zainal and Assoc Prof Tan that before an inmate is released on the MAS, Prisons will first make a holistic assessment of each individual based on factors, such as the nature of offence, criminal antecedents, progress in prison, risk of re-offending, and family support. Each inmate will then be emplaced on a suitable programme within the MAS. Not all individuals will have to go through all the three MAS phases of a halfway house stay, home supervision and community reintegration. Some may be placed on the halfway house phase while others may be placed directly on the home Page: 56 supervision phase.”
“The MAS is not a journey that the ex-inmate embarks on alone, but one undertaken with the support of his family and the community. I agree with Mr Zainal Bin Sapari, Mr Muhamad Faisal Bin Abdul Manap and Assoc Prof Tan that the community as a whole, including families and potential employers, play important roles in supporting the MAS. This is important even during the incare phase, and Prisons already actively involves inmates' families in the rehabilitation process. Prisons will also continue to engage families after inmates have been released from prison under the MAS. Similarly, SCORE provides inmates with vocational training and employment matching before their release. In answer to Dr Janil, SCORE also works with employers to match Page: 55 inmates and ex-inmates to jobs after their release. In 2012, SCORE emplaced 5,840 offenders on its employment and reintegration programmes. This is almost double the number in 2008. Of those assisted by SCORE, almost 98% of them successfully secured employment in 2012. We also recognise that religion can play a part in the reintegration process. We have a comprehensive support structure of community partners, including religious and grassroots organisations, community self-help groups, and Family Service Centres, that work with inmates in prison and are ready to provide a pro-social network of volunteers and befrienders to ex-inmates and assist them in their reintegration into society. Such engagements begin while the inmates are still in prison so that it is a smooth transition to the aftercare phase when they return to society. Prisons provides training for these community partners.”
“We will do this by giving them structured support and assistance to stay crime-free and out of prison. All inmates convicted of offences specified in the First Schedule to the Act will be emplaced on the MAS. Mr Hri Kumar had asked why certain offences in the Misuse of Drugs Regulations were included. We took a comprehensive approach in listing the drug and property offences linked to the drug problem. The Commissioner of Prisons, however, will have the discretion to determine specific MAS conditions for the ex-inmate, depending on a holistic set of factors, such as the nature of offence, criminal antecedents, progress in prison, risk of re-offending and family support. The MAS provides continuity to the incare rehabilitation programmes that inmates receive while in prison. It builds on, brings together, and improves upon existing aftercare programmes as part of Prisons' broader throughcare strategy. The intent is, as Assoc Prof Tan has mentioned, to provide a smooth transition for the inmate to reintegrate into society. I disagree with Mrs Chiam that we do not need to do more for inmates. Even though recidivism rates are falling and are currently about 25%, inmates to be emplaced on MAS are at higher risk of re-offending with recidivism rates of up to 40% to 50%. And we must give them more help. Each ex-inmate, or "released person" as Mr de Souza has said, and I like that term better than "ex-inmate", emplaced on the MAS will be assigned a case worker prior to his release. As part of the casework process, the case worker will refer them to the various social assistance programmes available to address their needs. These include short-term financial assistance, shelter and housing, skills training and job matching.”
“Next, I am glad that Ms Lim supports the provision to review inmates who have served more than 20 years in prison for release. As also raised by Mrs Chiam, we will be setting up an independent Review Board to review these cases and advise the Minister accordingly. The assessment will be based on a holistic set of factors that include his conduct and progress in prison and his risk of re-offending. This is similar to the arrangement for inmates who have been sentenced to life imprisonment. Ms Lim also touched on the forfeiture and subsequent restoration of remission. Under the Prisons Regulations, an inmate may forfeit up to 180 days of remission for an offence committed in prison. Currently, the Superintendent may restore up to seven days of remission which had previously been forfeited by an inmate. The new section 77A empowers the Superintendent to restore remission that had previously been forfeited by an inmate, but does not impose a limit on the number of days that can be restored. The intent of section 77A is not to reverse earlier decisions where remission was forfeited. Indeed, it creates the opportunity and incentive for good conduct and behaviour among inmates. Superintendents will not have unfettered discretion in restoring remission. The Commissioner of Prisons will set guidelines, which all Prison Superintendents must adhere to, in the exercise of these powers. For example, when an inmate remains offence-free for a certain time period, a number of his days of forfeited remission may be restored to him. Page: 54 Therefore, it is the behaviour of the inmate that determines whether forfeited remission is restored, rather than the authority which ordered the forfeiture. Let me move on to the MAS. The objective of the MAS is to help ex-inmates help themselves.”
“I would also like to respond to Mr Hri Kumar's question on the application of the CRS to those committed for debt under the Debtors Act. Currently, the Prisons Regulations also provide that remission does not apply to inmates committed for debt. A debtor may be committed by the Courts to prison for not paying his debt in certain limited circumstances and not because he had committed a criminal offence. There is no change from the current position today. Default sentences on the other hand are imposed on a person, should he be unable to pay a fine. Such a person will continue to be released at the two- Page: 53 third mark and will not be subject to conditions upon release. Persons serving default sentences will not be subject to the CRS. This is for parity with those who were able to pay their fines. Assoc Prof Eugene Tan asked about when inmates will be released. Inmates will continue to be released at the two-third mark. Upon release, they will then be issued with a Conditional Remission Order which will last till the end of their sentence. Inmates who breach prison discipline will still have their release delayed beyond the two-third mark. This is no different from the situation today. Remission continues to be an incentive for good behaviour and conduct. The relevant provisions are specified in section 50I of clause 7. I would also like to reassure Ms Sylvia Lim that we are not changing the power of the President to grant remission under this Act. The power of the President to grant remission without limit is provided for under Article 22P of the Constitution. Hence, this obviates the need for such a provision in the Prisons Regulations, which predated the Constitution.”
“Mdm Speaker, I thank all the Members who have spoken in support of the Bill and the two new policy initiatives: the Conditional Remission System (CRS) and the Mandatory Aftercare Scheme (MAS). Members have raised a number of points on the CRS and MAS, and also the other amendments to the Prisons Act, and I will address each in turn. I am glad that Members, such as Mr Christopher de Souza and Dr Janil Puthucheary, are just as concerned about the problem of re-offending and the vicious cycle that repeat offenders face. Dr Janil asked about the main reasons for recidivism. There is often no simple, single answer or even a solution to this. Rather, the underlying causes are typically multi-faceted. However, based on our research and interviews with inmates and ex-inmates, as well as findings from international literature, the presence of factors, such as employment, accommodation and family support, typically reduce the risk of reoffending, especially when inmates are most vulnerable in the initial years upon release. Yes, and to address Mrs Chiam's concerns, we do rely on academic literature as well as expert advice in charting our course ahead. I would also like to highlight that the individual's will to change is also very important, in determining whether the process of "desistance" occurs, as implied by Assoc Prof Eugene Tan yesterday. Let me now touch on the issues relating to remission and the CRS. Dr Janil asked whether the CRS will be effective in deterrence. Given the complexity of the factors contributing to recidivism, it would be difficult indeed to determine for now whether the deterrent effect of the CRS will be different between first-timers and repeat offenders. However, we will continue to monitor the situation after the CRS is implemented.”
“Unfortunately, insurance is under the purview of LTA and the Member may like to direct the question to LTA.”
“Certainly. There are cyclists who are insured. In cases where the cyclists are insured, you can claim against the cyclist. When they are not insured, that is where the civil suit would have to take place to get the injury claims against the damages. As for the Police, we would take that on board to make sure the communications with the complainants are carried out properly. In times when they are injured, Police should not cause further injury by giving them information which is not helping the case.”
“The civil suit has to do with claiming for damages whereas prosecuting the offender for the offence has to do with the act itself. For those pedestrian cases, we have been charging them under various Acts. But certainly, for the most egregious cases where serious injury is caused, we can also use the Penal Code to invoke against the cyclist offender to charge them under the rash Negligent Act. Under this Act, a fine of up to $10,000 or a jail term can be meted out. It would depend on the kind of injuries, the circumstances and the evidence we can bring against the offender. That is not the same as what compensation the pedestrian can claim against the cyclist. It is quite separate – the act of prosecuting and the act of getting compensation. Er Dr Lee Bee Wah: I think the Senior Minister of State did not answer my second question. When he mentioned claiming from insurance, if let say the cyclist currently does not have insurance, so whose insurance can the pedestrian claim from? The other question is the reply from the Police to the residents. Normally, they would say, "There is nothing that we can do." Perhaps something can be done to brief the Police properly, so that the residents would not walk away thinking that they are always at the losing end.”
“The CRS seeks to deter ex-inmates from re-offending and the MAS will strengthen Prisons' system of throughcare by providing structured arrangements for selected groups of ex-offenders in the period immediately Page: 99 after their release. Both initiatives augment current programmes to reduce offending and re-offending and improve the rehabilitation and reintegration of ex-offenders into society. We will work closely with our community partners to implement these two new initiatives. However, at the end of the day, even with the additional support and aftercare provided to the ex-offender, it is, ultimately, the responsibility of the individual not to re-offend. If he does, he will be dealt with swiftly and strictly by the law. Mdm Speaker, I beg to move. [(proc text) Question proposed. (proc text)] 5.37 pm”
“The list of unauthorised articles will be revised to include any unauthorised electronic storage device, and the type of unauthorised communications will be revised to include any act of unauthorised recording in prison. The penalty for this offence will remain unchanged, which is a fine of up to $3,000, imprisonment of up to 12 months, or both. Clause 13 also amends section 66 to criminalise activities by parties that prejudice the safe custody of prisoners, the safety of any person in a prison, the security of a prison, or prejudice the maintenance of good order and discipline in a prison. It allows us to take action against anyone who undermines institutional order, discipline or security in prison. Finally, clause 14 amends section 67 of the Prisons Act, which currently states that inmates may be required to work. It will be amended to "may be allowed to work". In practice, inmates are given the opportunity to work in prison. There is no requirement to work. If an inmate indicates that he does not wish to work, prison officers will seek to understand his concerns, but will not compel him to work. The proposed amendment aligns the provision with existing practice. This will also remove any doubts about our conformity with the relevant provisions of the International Labour Organization Conventions. Other miscellaneous amendments are also being made to the Prisons Act to allow for the better administration of prisons, and to other Acts, such as the Penal Code and Criminal Procedure Code, as consequential amendments. Mdm Speaker, the introduction of the CRS and MAS marks a paradigm shift in our approach to aftercare, bringing us in line with practices in other jurisdictions. Inmates will no longer be released from prison without conditions attached.”
“The remission period for these inmates with long sentences will be from the point of release till the end of his sentence. If released, these two categories of inmates will be issued CROs and be subjected to the CRS and MAS. The CRS and MAS will apply to persons who commit offences after the legislative amendments come into effect. Sentences for offences committed before the amendments come into effect will continue to be remitted unconditionally at the two-third mark, subject to any forfeiture for breach of discipline. The transitional provisions are drafted accordingly. Mdm Speaker, I will now touch on the other proposed amendments. Clause 12 of the Bill introduces an External Placement Scheme, under which the Minister may place inmates in facilities outside of prison that are more suitable for their physical or mental conditions. The Minister will be advised by an independent Advisory Committee when making this decision. External Placement will be subject to very strict criteria and will be for a definite period Page: 98 of time. The placement can be cancelled at any time if it is no longer appropriate. While on External Placement, inmates remain in Prisons' legal custody and will be subject to conditions and restrictions. For a start, we will limit the Scheme to a very small number of inmates who have been certified by Prisons-appointed medical specialists as being at the end-stage of a terminal illness with a poor prognosis. Clause 13 of the Bill amends section 66 of the Prisons Act to update the framework of unauthorised articles, communications and recordings in prison committed by any individual in a prison.”
“Some may be placed on the halfway house phase while others may be placed directly on the home supervision phase. Prisons will inform inmates of their MAS conditions when they are about to be released. Page: 97 The MAS will provide structure and support to ex-inmates and help them better reintegrate into society. There will be consequences for those who breach their MAS conditions. The Director of Prisons, who is re-designated as the Commissioner of Prisons in clause 21, may administer punishments for minor breaches of MAS conditions, while the Courts may sentence ex-inmates to imprisonment for serious breaches of MAS conditions. With the introduction of the CRS and MAS, we will also be making consequential amendments to the remission for inmates who are sentenced to life imprisonment, as well as inmates who have been incarcerated for 20 years or more. Currently, inmates sentenced to life imprisonment may be considered for release at the 20-year mark of their sentence and annually thereafter. Their release will be dependent on factors, such as their rehabilitation progress in prison, family support and risk of recidivism. They can also be subject to conditions upon release. The Minister determines the release of such inmates, and is advised by an independent Advisory Committee, the Life Imprisonment Review Board. The remission period for an inmate sentenced to life imprisonment, who is subsequently released, will be for the rest of his natural life, because he was meant to spend the rest of his life behind bars. In addition to inmates on life imprisonment, we will, for consistency, extend the system of annual reviews to inmates who have been incarcerated for 20 years or more. This is to encourage good behaviour in prison.”
“The MAS is a structured aftercare regime which provides enhanced community support, counselling and case management, as well as tighter supervision for ex-inmates who are at higher-risk of re-offending or who need more support in reintegration. These are drug offenders, property offenders with drug antecedents, serious crime offenders, inmates with sentences of more than 15 years, and inmates sentenced to life imprisonment, if released. The full list of offences is specified in the new First Schedule to the Prisons Act, which is inserted by clause 19. We estimate that, in the steady state, about 1,700 of the 7,000 inmates released with CROs each year will be emplaced on the MAS. We are emplacing drug offenders and property offenders with drug antecedents on the MAS because they are more likely to re-offend. Overall recidivism rates have, on average, been about 25% in recent years. However, the recidivism rates for repeat drug abusers sentenced to long-term imprisonment are higher, at up to 40%, while the recidivism rates for property offenders with drug antecedents have been as high as 50%. As for those who have committed serious crimes or who have long sentences of more than 15 years, they will be emplaced on the MAS as they need more help reintegrating into society, given the long period spent in prison. The MAS will be for a period of up to two years. It comprises three phases: a halfway house stay, home supervision and community reintegration. Prisons will make a holistic assessment for each individual based on factors, such as the nature of the offence, criminal antecedents, progress in prison, risk of re-offending and family support, in deciding which phases the individual goes through. Not all individuals will have to go through the three phases.”
“The basic condition is that persons issued CROs must not commit an offence during the remission period and be sentenced to imprisonment, corrective training, reformative training or preventive detention for that offence. If this occurs, they would have breached the basic condition. When the basic condition is breached, the courts will impose a sentence for the new offence committed during the remission period, and may also impose an enhanced sentence on the individual for breaching the basic condition. The maximum length of the enhanced sentence is the remaining remission period when the new offence is committed. It will run consecutively to other sentences of imprisonment. Section 50T provides that, in deciding whether to impose an enhanced sentence and, if so, the length of the enhanced sentence, the courts shall consider the gravity of the new offence, whether the new offence is of a similar nature to the ex-inmate's previous offence, the amount of time the ex-inmate remained offence-free, and any other relevant aggravating or mitigating Page: 96 circumstances. Madam, the basic condition in the CRS is meant to deter ex-inmates from re-offending. Individual responsibility is important. The longer the ex-inmate remains crime-free after his release, the shorter his potential enhanced sentence will be, should he re-offend. Let me now explain the Mandatory Aftercare Scheme (MAS). While all inmates issued CROs will be subject to the basic condition upon their release, Division 5 of the new Part VB provides for a smaller group of inmates to be emplaced on the MAS, with additional conditions upon release.”
“In addition, selected groups of ex-inmates who are at higher risk of re-offending or who will need more help in rehabilitating and reintegrating with society will not only be subject to the CRS but will also be emplaced on the Mandatory Aftercare Scheme. The MAS is a structured step-down programme that could include a halfway house stay, aftercare support, counselling, electronic monitoring and curfew hours, as well as case management, upon their release. While in prison, inmates undergo rehabilitation programmes and are closely supervised. However, the transition back to society, where there is little or no supervision, is difficult for many. This is especially so if they lack family support and cannot secure accommodation and stable employment. Let me elaborate on the key provisions of the Amendment Bill. Clause 7 of the Bill inserts a new Part VB to introduce the Conditional Remission System (CRS). With the CRS, inmates will continue to be released from the two-third mark of their sentence, if they have not breached prison discipline. Upon release, inmates will be issued a Conditional Remission Order (CRO). The duration of the CRO will be from the day of their release till the end of their sentence. This is their "remission period". All inmates released from imprisonment will be issued CROs. Each year, about 7,000 inmates released from prison will be issued CROs upon release. Inmates sentenced to corrective training, reformative training or preventive detention will not be issued CROs, as they are not eligible for remission. Division 4 of the new Part VB defines the basic condition in CROs.”
“Indeed, more than 80% of repeat offenders in prison last year were imprisoned for a drug offence or had a drug antecedent. Repeat offenders are also more likely to re-offend and spend a longer time behind bars. This is why we are introducing the Conditional Remission System (CRS) and the Mandatory Aftercare Scheme (MAS). In the course of developing these initiatives, we consulted a wide range of stakeholders over a period of four months from July to October 2013. These included the public, Prisons' community partners, Prisons' Board of Visiting Justices and Board of Visitors, the Law Society and the Association of Criminal Lawyers. Their views were taken into account as we developed the initiatives. I am glad that our stakeholders support them. Let me touch on the objective of the CRS. Our remission system has not changed since the mid-1950s when Singapore was a British colony. Currently, inmates are granted one-third remission for good conduct and behaviour in prison, that is, if they have not breached prison discipline. There are no conditions imposed upon their release. In contrast, many jurisdictions have moved away from their colonial precedents. The UK and its former colonies like Canada, New Zealand and Hong Kong have, over time, implemented parole or conditional release systems that impose conditions on inmates when they are released. This creates the incentive for good behaviour upon release. Drawing upon the best practices in other jurisdictions, Singapore will be introducing the CRS. The CRS seeks to deter ex-inmates from re-offending by subjecting them to conditions upon their release. All inmates will be subject to the CRS upon Page: 95 release.”
“Madam, this Bill amends the Prisons Act to introduce the Conditional Remission System and the Mandatory Aftercare Scheme. It also amends the Act to enhance the operational efficiency of the Singapore Prison Service. The Prisons Act was last amended in 2004, to expand the Home Detention Scheme so that more inmates, especially first-time and minor offenders with short sentences, could benefit from it. In this scheme, eligible inmates, while remaining under Prisons' custody, are released with conditions towards the tail-end of their prison sentence with a view to rehabilitate and reintegrate them into society. Since 2004, Prisons has increased its emphasis on throughcare. This comprises targeted and comprehensive rehabilitation programmes for inmates during the incare phase while they are incarcerated. This is to prepare inmates for release. Prisons has also strengthened its aftercare programmes to support Page: 94 the reintegration of ex-inmates into society. In addition, the Yellow Ribbon Project has engaged the community in accepting ex-offenders, and inspired community action to support ex-offenders and their families. Declining crime rates and the strengthening of Prisons' throughcare approach have contributed to the decline in the prison population and improvements in the recidivism rate. The prison population has decreased from about 17,000 in the early 2000s to about 12,500 in 2013, while the recidivism rate has improved from about 35% to about 25% for the latest release cohort over the same period. However, we cannot be complacent. Many inmates are repeat offenders. Last year, they made up more than 80% of the prison population. In addition, many repeat offenders have drug antecedents.”
“Mdm Speaker, I beg to move, "That the Bill be now read a Second time." With your permission, Mdm Speaker, may I ask the Clerks to distribute a handout?”
“As we have mentioned, the complexity of this Bill is not only that it would involve many Ministries, it also involves addressing the issues that are raised at international fora. We have to include all the concerns that are raised either against us or what we have not done adequately, and also to cover as many loopholes that will possibly appear in the future so that this Bill will be robust. I do not foresee this coming up very quickly. We have to do consultations. We have given ourselves a timeline of within a year to table this Bill. The National Task Force has already been in place. Even before the Task Force came into action, many of the offenders have been put to book. Currently, there are about less than 100 complaints. We have already put about six of them through prosecution and through the Courts and they have been convicted, but there are others that are still in the process of investigation. Page: 15”
“There are many questions and I may lose track of them, so please correct me if I do not address any of the questions. Firstly, on the Special Pass, this is, indeed, one of the issues, not only for the purpose of prosecuting and helping in the investigations, it also helps out the victims. We have to balance the need for both. This is something the Task Force Page: 14 has to continue to look at to see from the number of cases that we are looking at, whether these are, indeed, adequate. Over time, we will evolve the processes to ensure that the protection of the victims is adequately given, either by the Government or by the NGOs with which we work. Secondly, on the artistes' passes, indeed, as both Mr de Souza and I have mentioned, these offences involving trafficking in persons are broad. They involve all kinds of offences and they involve all kinds of Ministries. Over time, as we plug one area, new areas will tend to come up. We are aware of these issues, and when they come up, we will certainly address them within whatever current and existing legislations that are available to us and, in the future, with the new legislation that will be tabled. And I did not get the third question. Assoc Prof Tan Kheng Boon Eugene: What are some of the tangible outcomes with regard to the National Plan of Action? For example, has there been any prosecution?”
“I confirm the Member's request. Assoc Prof Tan Kheng Boon Eugene (Nominated Member): Mdm Speaker, I am delighted to hear that there are plans for a dedicated legislation and that the Member, Mr de Souza, is also prepared to work with the Ministry on this proposed legislation. Is there a target date for this legislation to be ready? And until that legislation is ready, what can the Ministry do in the meantime with regard to Special Passes which are issued to persons who are deemed to have been trafficked? I think one problem is that the Special Pass does not provide them with adequate financial support and that could compromise the investigation process. It does not provide for adequate counselling. Volunteers on the ground take the view that the performing artistes' visas have now become a very popular choice by which trafficked persons enter Singapore. Until the legislation comes into place, what can the Ministry do? Finally, the Senior Minister of State spoke of the National Plan of Action. I would appreciate it if he could also articulate some of the tangible outcomes.”
“I thank the Member for advocating for more measures to deter human trafficking. We are also supportive of his suggestion to introduce a private Member's Bill. This is, indeed, a commendable effort. I have mentioned earlier that a dedicated law is, indeed, important and is an essential progression in our fight against trafficking in persons (TIP). I am, therefore, happy to support the Member's initiative and will ask the Task Force to work closely with him to co-develop the Bill. All of us know that this would be a major undertaking as TIP issues cut across many Ministries and agencies. We require many consultations with various stakeholders. Not only do we need to ensure that this new law addresses the substantive TIP issues fully, we will also need to examine issues relating to the administration of the new law, taking reference from international conventions like the UN TIP Protocol. We then have to adapt what Page: 13 is relevant for us. I am confident that the Member, who has legal experience, will lead this effort well. I will ask our Task Force to collaborate with him and give him all the facilities he needs to make the private Member's Bill successful.”
“Where Singapore is concerned, we will continue to engage our partners – US, China – all in balance. We have to pray that they get their domestic priorities right because what they decide in the future will have a lot of impact on the global world. The constant engagement by the world with the US will continue, so that they understand the impact that their decisions have on the region and the international community. Page: 13”
“The Member is right. The ultimate onus and responsibility fall on the owners of the premises. So, when a fire hazard abatement notice is served, it is served on the owners. But the FSM must ensure that plans for the abatement measures are up to date, and that the CERT is operational and ready. [(proc text) Question put, and agreed to. (proc text)] Page: 52 [(proc text) Bill accordingly read a Second time and committed to a Committee of the whole House. (proc text)] [(proc text) The House immediately resolved itself into a Committee on the Bill. – [Mr Masagos Zulkifli B M M]. (proc text)] [(proc text) Bill considered in Committee; reported without amendment; read a Third time and passed. (proc text)]”
“Mdm Speaker, the FSM is hired to advise the owners on the safety requirements of the premises. Therefore, apart from the owners, the FSM is the competent, certified personnel on the ground for the owners to make sure that the compliances to the Fire Safety Act are met. This includes having the requisite number of people who should be able to help and step forward should an emergency occurs because the SCDF cannot come instantly. There will be a time gap before they arrive, and during this time the CERT and the FSM are very key to the safety of people who are in the premises. Therefore, we have to put the onus on somebody to ensure that the plans are up to date and relevant to the buildings, as the buildings and CERT personnel may change over time, and also ensure that the CERT are up-skilled to the right level and are updated to ensure that new challenges are being met and that they are trained to ensure that they can coordinate and work well with the SCDF.”
“For example, in its effort to reduce the number of fires involving discarded items and keep the common corridors and staircases obstruction-free, SCDF issued fire safety guidelines concerning the use of common areas. Mdm Speaker, we have had a good track record for fire safety. The enhancement of the enforcement framework and fire safety provisions is timely and ensures that our laws remain relevant as the operating environment changes. I urge Members of the House to give your support to the Fire Safety (Amendment) Bill. 3.28 pm Page: 51”
“Hence, SCDF will give premise owners a six-month grace period for ERP and a two-year grace Page: 50 period for CERT from the commencement of the Bill. On public education, SCDF recognises the need to reach out to the public and promote the importance of fire safety and fire prevention. One of its key public education initiatives under the CD Ready Homes Programme is SCDF's collaboration with People's Association's, C2E or Community Emergency and Engagement Committees in conducting Emergency Preparedness (EP) days in the heartlands annually. The EP days feature exercise which showcase realistic emergencies scenarios like corridor fires and household fires to drive home the importance of emergency preparedness and fire safety. One exercise held during EP days is the Vertical Stretcher Challenge where SCDF has leveraged on the energy and enthusiasm of students to spread important fire safety messages. This exercise, whereby the students race across the corridors with stretchers, serves to educate the community on the importance of having a clutter-free corridor which will aid emergency responders during an emergency. SCDF also has a comprehensive emergency preparedness school engagement programme that covers all levels from pre-school to tertiary institutions. In addition, SCDF works closely with the National Fire and Civil Emergency Preparedness Council, PA, HDB and Town Councils. Most recently, they have put up fire advisories at lift doors. These serve to create awareness amongst residents of fire hazards in common areas and to remind them to alert their Town Council if necessary. Whenever new fire risks are identified, SCDF will also work with the relevant stakeholders to mitigate the situation.”
“The proposal therefore is to extend the CERT scheme to other premises to formalise their existing in-house firefighting teams and raise their competencies. The role of an FSM today is to ensure and enhance the fire safety standard within the premises. To do so, the FSM is trained in basic firemanship, emergency planning and fire safety management. Premises will typically not need additional manpower for CERT as the CERT can be made up of existing FSMs and include members of the buildings, security, maintenance staff and volunteers from the tenants as it stands today. We have discussed this with the various stakeholders during the industry consultation. I would like to assure Ms Sylvia Lim the assessment is that the compliance requirements are not overly onerous. In order to cater for the anticipated increase in demand for CERT training, SCDF and WDA are collaborating to start and develop three new CERT courses under the WDA's Workforce Skills Qualifications system with the usual absentee payroll subsidy and up to 90% in course fees support. Training for CERT members is available at the Civil Defence Academy and also private service providers, such as the Association of Company Emergency Response Teams (A-CERTs). The course duration is typically between one and three days. There are also other benefits to having done or gone through this training. CERT members are trained to conduct basic first aid, CPR and AED so that they can also respond during medical emergencies to render assistance to the public as well as occupants within the premises. We recognise that there should also be sufficient time for the premise owners to gear up and meet the new ERP and CERT requirements.”
“SCDF is committed to supporting and working closely with premise owners in the development and formulation of ERPs just as it is doing for the existing fire emergency plans. During the audit process, the SCDF works together with the premise owners to make improvements to their plans and capabilities. SCDF has also published guidelines on for the formulation of such plans on its website. These would serve as a basic template for most plans. As to the query why the ERP includes fire-related emergencies, this is because FSA is about fire and safety measures, and therefore the ERP includes fire related emergencies. The FSMs are also trained to conduct in-place protection should there be gas leaks or chemical spills that may endanger others in the building. Mdm Speaker, the Fires Safety Managers, being certified by SCDF, which I believe Mr Arthur Fong was referring to, are trained in both fire and fire-related emergencies to assist premise owners in formulating the ERPs. Should circumstances change, premise owners can also approach SCDF directly for help in updating their plans. Fire stations also conduct regular exercises at Page: 49 various premises. In these exercises, SCDF and CERT work together with premise owners to test and validate their plans to ensure they work well holistically. Through these exercises, greater understanding and synergy are fostered amongst all partners involved so that they will be better prepared in the event of an incident. So, we have to work together, exercise the system so should an emergency happen, we will be ready. The requirement of CERT has already been implemented for the chemical industries since 2008 and is working very well.”
“Mdm Speaker, I would like to thank Mr Arthur Fong and Ms Sylvia Lim for speaking on and supporting the Bill. Preparedness is key to ensure that the public feels safe even in the event of emergencies and we should not take this for granted. I would like to draw the Page: 48 analogy with airlines and how we, as passengers feel safe and confident that the air crew are well-trained and equipped to respond to emergencies. Likewise, premise owners should provide this same level of assurances to those who work and visit their premises. Let me first address Mr Arthur Fong's concerns on whether the compliance cost will be significant and too onerous on premise owners. I would like to reassure Members that SCDF has conducted extensive consultations with various stakeholders including building owners from the commercial and industrial sectors over the past year. The stakeholders understood the need for these additional safety requirements and were generally receptive to them. They recognise that being prepared and having a comprehensive Emergency Response Plan, coupled with a competent Company Emergency Response Team (CERT), would help them mitigate incipient incidents and minimise potential damage. Most buildings and premises already have plans for fire-related emergencies such as the In-Place Protection Plan and the Arson Prevention Plan. The Emergency Response Plans (ERPs) serve to integrate all these plans together. Ms Sylvia Lim asked whether SCDF will be working with premise owners to formulate their ERP and identify the resources required for response. Indeed, SCDF's role goes beyond just auditing and approving plans.”
“SCDF will also be given the powers to facilitate its operations such as obtaining information on layout plans of ships for the purpose of firefighting and rescue and to investigate fires on board vessels at sea, regardless of the country or registration of the vessel. Clause 45 inserts a new section 43 into the Act to allow SCDF to continue MPA's practice of imposing charges on vessel owners for extinguishing fires or protecting life and property in the event of fires on their vessels, whether in inland waters or at sea. In summary, Mdm Speaker, this Bill will ensure that we continue to have a comprehensive fire safety enforcement framework and that SCDF will have the necessary powers to carry out its mission to save and protect lives and property. Mdm Speaker, I beg to move. [(proc text) Question proposed. (proc text)] 3.12 pm”
“As more pipelines are developed, there is a need to ensure that they adhere to the relevant design, construction and maintenance standards. The pipeline owner is also required to formulate an Emergency Response Plan (ERP) and establish a Company Emergency Response Team (CERT) that will respond quickly should an incident occur. In accordance with Page: 44 the ERP, the CERT will provide an immediate first response to deal with any pipeline incident. Clause 40 also inserts a new section 36B into the Act, which stipulates requirements for contractors who conduct earthworks in the vicinity of the licensed P&FM pipelines. And the contractors will be required to inform the license holders of their intention to conduct earthworks. Prior to commencement of the works, the contractors will have to take precautionary measures such as marking out the pipelines and maintaining a safety distance from the pipelines. This is important so that earthworks do not endanger the lives of others in the vicinity of the pipelines. To enable action to be taken against persons who wilfully or recklessly damage P&FM pipelines, clause 40 inserts a new section 36C to create an offence and clause 41 amends section 37 to stipulate penalties for that offence. Powers for marine firefighting and rescue (MFFR). Clause 10 inserts a new section 8A into the Act to give SCDF powers for marine firefighting and rescue. SCDF took over marine firefighting and rescue functions from the Maritime and Port Authority (MPA) on 1 April 2012. This allowed us to provide an integrated response for both land and sea emergencies.”
“Because of the fast response rendered by the CERT prior to SCDF's arrival, the fire was extinguished within five minutes, preventing further damage to other parts of the premises. Enhancing Investigative Powers. Clause 10 inserts new sections 8B and 8C to enhance the investigative powers of SCDF officers. Currently, SCDF's fire investigators have the powers to collect samples of substances for analysis and evidence during fire investigations, only if the substances are petroleum or flammable materials. Fire investigators have to be empowered by the Police to collect other types of evidence. The proposed amendments will allow fire investigators to collect any samples required to test for fire resistance or flammability. They will also be able to retrieve any other materials to assist them in their investigations, or as evidence. The scope of SCDF's investigative powers will also be extended to include means of transportation such as vehicles, vessels and aircraft. There are over 100 vehicle fires in Singapore per year and it is important that SCDF's officers have the powers to investigate such fires. SCDF will also be able to detain or impound vehicles and aircraft to establish the cause of fires. Control of Petroleum and Flammable Materials (P&FM). SCDF is the regulatory body for Petroleum and Flammable Materials (P&FM), and it currently regulates the import, storage and transport of such materials. The current licensing regime authorises SCDF to stipulate control measures and carry out inspections, audit checks and enforcement actions. Clause 40 inserts a new section 36A into the Act, to extend this licensing regime to cover pipelines conveying P&FM.”
“In particular, the penalties for serious offences such as unauthorised fire safety works and failure to supervise fire safety works will carry an increased fine of $200,000 and/or 24 months imprisonment compared to the current fine of $50,000 and/or 12 months' imprisonment. Improving Fire Safety Provisions. Clause 17 amends section 21, which deals with fire emergency plans, by renaming the Fire Emergency Plan required for designated premises as an Emergency Response Plan (ERP). The intention is to require owners of designated premises to draw up plans to cater not only for fire emergencies, but also for fire-related emergencies, such as gas leaks and chemical spillages, that may cause injury or the loss of lives. The Emergency Response Plan will also require owners of designated buildings to notify the SCDF immediately in the event of a fire-related mass casualty incident, which is defined as having 10 or more casualties. Page: 43 Clause 18 amends section 22 to require premise owners of designated buildings with Fire Safety Managers (FSMs) to also appoint Company Emergency Response Teams (CERTs) for the premises. This will expand the coverage of the CERT scheme which has been implemented for the chemicals sector since 2008. The function of the CERT is to respond immediately to emergencies prior to SCDF's arrival in an emergency situation. Time is of the essence in an emergency and the CERT provides a first line of defence in mitigating incidents. Having a competent and well-trained CERT minimises the risks to lives and property, and disruptions to operations. A good example is Exxon Mobil's CERT team which was mobilised when a fire occurred at one of its pumps on Jurong Island in April 2011. The CERT was immediately activated to assist in the emergency.”