Michael Palmer
Singapore
“For example, if a points system is to be implemented for continuing professional development, can lawyers be given credit for this, say, up to a maximum of 20%? This is one way that we can credit lawyers who are already doing pro bono work and encourage lawyers who are not doing pro bono to do some pro bono work.”
“Mr Chairman, Ms Jessica Tan seems to have taken the words out of my mouth, and said inflation is on the rise in Singapore and various other parts of the world, particularly so with the cost of crude oil going up per barrel to over US$100.”
“Within ASEAN, the ASEAN Leaders’ Meeting, the ASEAN Defence Ministers’ Meeting and the ASEAN Foreign Ministers’ Meeting continue to keep the channels of engagement open between ASEAN member countries.”
“Mr Chairman, I would like to thank the Minister for his very insightful and clear analysis of the relationship of Singapore and ASEAN in the region and the world for various foreign matters. With that, Mr Chairman, I would like to seek leave to withdraw the cut. Amendment, by leave, withdrawn.”
“It is very heartening to hear our improved relations with Malaysia. But Prime Minister Najib is about to embark on a nationwide tour which has raised talk of elections across the border. As usual, Singapore takes a few shots every time a political activity heightens in Malaysia.”
“In the last two years, retirement ages have been increased in the SAF and a new scheme known as the Military Domain Experts Scheme (MDES) allows officers with special skills such as Engineers to convert to MDES officers and retire much later.”
The complete record
Every one of 201 lines we hold for Michael Palmer, in date order, each linked to its source. Free to read, in full, without an account. Page 1 of 5.
“I thank the Senior Minister of State for his comprehensive reply. I was just wondering if there are any other areas aside from donations of funds and outpourings of comfort that Singaporeans could do for Japan in this time of recovery, post-crisis.”
“For example, if a points system is to be implemented for continuing professional development, can lawyers be given credit for this, say, up to a maximum of 20%? This is one way that we can credit lawyers who are already doing pro bono work and encourage lawyers who are not doing pro bono to do some pro bono work. I hope the Minister will consider this suggestion. Moneylenders”
“Aside from enquiring as to the format I spoke about pro bono legal work becoming part of the continuing professional development. The reaction from the legal fraternity was indeed varied. Follow-up reports in the press highlighted that the majority of lawyers interviewed felt that pro bono legal work ought not to be mandated as it should come from the heart. Other lawyers who spoke to me directly felt that it was a good idea. What was heartening to note was that most of the profession felt that lawyers ought to do some pro bono legal work. What we disagreed on was how to accomplish that. There are several ways in which the lawyers can lend their expertise and provide pro bono legal services. For instance, the Law Society of Singapore operates a Pro Bono Services Office that is an initiative to help bring free legal assistance to people in our community who are in need. Other venues like the CDCs which run legal aid clinics with the Law Society and of course, at Meet-the-People sessions. The Law Society of Singapore has approximately 3,500 members. In 2006, a collaborative commitment by the Singapore legal profession was made to donate at least 25 hours per lawyer per year towards pro bono work. That works out to about 80,000 hours of free legal services for the community, or less than one hour per month per lawyer. Regrettably, as reported in the Straits Times, figures provided by the Law Society show that approximately 3,500 lawyers declared only some 35,000 hours of pro bono work. That is less than 50% of the target. I feel that something needs to be done and if it is not to be mandated, then perhaps an alternative proposition might be to allow pro bono legal services to be credited within the professional development framework.”
“The Budget has set out a slew of measures to help Singaporeans combat the effects of rising costs. This has seen increases in the monthly amount given out under the Public Assistance Scheme and the income limits for KiFAS and CFAC go up. Would it not therefore be a good time to also review the limits for the means test for legal aid applicants? My second point is to ask the Ministry to consider giving the Director of the Bureau more discretion in certain cases. Take, for example, the case of a housewife who has stayed at home to raise her children while her husband has worked to support the family. If their marriage breaks down and the husband files for a divorce, the housewife may have no choice but to seek Legal Aid. In determining her disposable income, the Bureau will take into account her husband's income, less certain deductions. But when a marriage breaks down, that housewife may no longer have the benefit of her husband's income, and she cannot get maintenance unless she gets legal aid first. Further, even if she may have a life insurance policy purchased by her husband for the benefit of her children, is it fair to take that into account in the situation of a divorce? Is it fair to take into account what little savings she may have put away and which may be the only money she has to see her through after the divorce? I would ask the Minister to consider giving the Director more discretion to grant legal aid in different circumstances. Alternatively, provide different parameters for different types of cases. Pro bono legal services Sir, my next cut. During the recent debate in this House on the Legal Profession (Amendment) Bill, I raised the issue of continuing professional development to be administered by the newly formed Institute of Legal Education.”
“Sir, in 2008 I had raised the issue of the Legal Aid Bureau during the Committee of Supply debates. I had asked the Ministry to consider revising the limits set for the means test that all applicants for legal aid are subject to. The number of people that are in need of free legal services is on the rise. I frequently find residents in search of legal advice at my Meet-The-People sessions. Some may say that that is because I am a lawyer but the free legal clinics that are organised by the CDCs in conjunction with the Law Society of Singapore and various other legal clinics are also very popular, and the numbers are growing. Clearly, there is a demand. To that end, the Legal Aid Bureau has also seen a steady increase in the number of cases. In order to qualify for legal aid, one must satisfy two tests. The means test and the merits test. The merits test is a test that determines whether the applicant has good reason to bring or defend a case under the law. The means test determines whether an applicant qualifies for legal aid based on his disposable income and disposable capital. The current limit for each of these is $10,000. The factors which determine whether an applicant qualifies under the means test are fairly complex, and involve a review of the income of both the applicant and his or her spouse, less certain deductions, and the value of the applicant's property. I do not intend to go into the details but I would like to ask the Ministry to consider the following. First, I would ask the Minister to consider a review of the limit of $10,000. Based on latest statistics, the average income of households is on the rise. This does not necessarily mean that they are better off as inflation is escalating as well.”
“Mr Chairman, Ms Jessica Tan seems to have taken the words out of my mouth, and said inflation is on the rise in Singapore and various other parts of the world, particularly so with the cost of crude oil going up per barrel to over US$100. I think in Singapore we should be looking at different sources of energy and alternative sources of renewable energy as well as sustainable energy. Could I ask the Minister to share with us – with the Middle East in turmoil – what effect has the sharp increase in the price of oil had on Singapore, and our cost of energy and cost of goods in general? Do we have other sources of oil and alternative energy sources, such as LNG, which will help soften the effects of the rising oil prices? What steps are we taking to move towards a more sustainable source of energy, such as nuclear energy?”
“Mr Chairman, I would like to thank the Minister for his very insightful and clear analysis of the relationship of Singapore and ASEAN in the region and the world for various foreign matters. With that, Mr Chairman, I would like to seek leave to withdraw the cut. Amendment, by leave, withdrawn. The sum of $361,995,800 for Head N ordered to stand part of the Main Estimates. The sum of $45,000,000 for Head N ordered to stand part of the Development Estimates. Head T – Ministry of National Development Affordability of housing”
“It is very heartening to hear our improved relations with Malaysia. But Prime Minister Najib is about to embark on a nationwide tour which has raised talk of elections across the border. As usual, Singapore takes a few shots every time a political activity heightens in Malaysia. I was wondering if the Minister would care to comment and see whether this time round, we are going to take similar shots under the leadership of Prime Minister Najib on the other side.”
“The reality, however, is that Libya is on the brink of civil war, one in which many lives will be lost at the hands of a ruthless dictator. The anti-government protests have led to a spike in the price of oil above the US$100 mark. This will ultimately have a long-term effect on the price of most goods and further aggravate inflation. Closer to home, our direct investments in the Middle East and Africa have also taken a hit. In light of this, may I ask the Minister to share his views on the following questions: (i) Have recent events that occurred in Egypt leading to the resignation of President Mubarak destabilised relations between Egypt, Israel and the United States? (ii) The success of the protests appear to have had a knock-on effect in many other Middle Eastern countries. Libya is a stark example. What are some of the short-term and long-term effects we can envisage arising from these protests? (iii) Have these uprisings had an impact on Singapore and, if so, how? and (iv) Will the socio-political architecture in the Middle East change in the long term? If so, how will that change affect Singapore and the region?”
“Sir, the hottest topic in the world news over the last few weeks has been the turmoil and conflict in the Middle East. This began in Tunisia with the desperate act of a young unemployed man on 17th December 2010. Mohamed Bouazizi set fire to himself when officials in his town prevented him from selling vegetables on the streets of Sidi Bouzid without permission. This set off protests about jobs in the town. It had a domino effect which no one could have foreseen. It triggered a much wider series of protests and clashes with the police throughout the country. The protests and problems in Tunisia are far from over. However, the initial protests led to the resignation of President Zine el-Abidine Ben Ali and his government. Tunisia was only the beginning. What followed was a series of anti-government protests and clashes throughout many Middle Eastern and African countries. The next government to fall was that of President Hosni Mubarak of Egypt. The significance of the protests and ultimate fall of President Mubarak's government is far greater than the events in Tunisia. Egypt is the most populous Arab state and can help determine the thrust of Arab policies – whether towards Israel or Iran or in the perennial quest for Arab consensus on issues that matter. Further, there are concerns among many western governments that the Muslim Brotherhood, the country's fundamental Islamist opposition movement, might exploit the situation to take control. As we speak, the latest country to come under the siege of protests is Libya. As many would know, Libya's ruler of some 40 years, Colonel Gaddafi is in denial. He recently said in an interview that his people love him and there are no protests.”
“The relationship between Singapore and Malaysia has improved considerably since Prime Minister Najib Tun Razak took office. Following talks between Prime Minister Lee and Prime Minister Najib, the Points of Agreement signed in 1990 were modified and considerable headway has been made on two large issues. They were the railway line and the Customs and Immigration Checkpoints and the Iskandar Malaysia project. Agreements appear to have been reached without much difficulty between the two Prime Ministers. Where no agreement could be reached, they have agreed to refer the matter to the International Court. May I therefore ask the Minister if he could provide us with an update on the status of our relations with Malaysia? What is the progress on the issues concerning the Points of Agreement? What is to become of the unresolved issue of the development charge? What are our chances that the issue of the development charge will go in our favour? What is the status of the Iskandar Malaysia project? What is Singapore’s interest in the project and how are we assisting to make the project a success? Indonesia”
“Within ASEAN, the ASEAN Leaders’ Meeting, the ASEAN Defence Ministers’ Meeting and the ASEAN Foreign Ministers’ Meeting continue to keep the channels of engagement open between ASEAN member countries. Given this background, may I ask the Minister to comment on the following issues: (i) What developments took place and what progress was made by ASEAN under Vietnam’s chairmanship? (ii) What is the state of relations between ASEAN and its dialogue partners such as Japan, China, South Korea, Russia, Australia, New Zealand and the US? (iii) How does the Minister see ASEAN developing under the Indonesian chairmanship? (iv) How has the East Asian Summit developed and how will these developments impact on ASEAN?; and (v) If the Minister could tell us a bit more about the recent dispute between Cambodia and Thailand and ASEAN’s role in getting the parties to agree to a ceasefire?”
“Sir, I beg to move, That the total sum to be allocated for Head N of the Estimates be reduced by $100. The ASEAN Charter came into force on 15th December 2008. According to the ASEAN website, the Charter is meant to serve "… as a firm foundation in achieving the ASEAN Community by providing legal status and institutional framework for ASEAN. It also codifies ASEAN norms, rules and values; sets clear targets for ASEAN; and presents accountability and compliance." Recently, however, certain member countries of the ASEAN have been in the news for the wrong reasons. As a result of a dispute between Thailand and Cambodia over the ancient Preah Vihear temple, gunfire has been exchanged between the troops from both countries. The international community have expressed their disappointment at the fighting that erupted and this has again called into question the effectiveness of ASEAN. I believe ASEAN managed to redeem itself with the recent conclusion of a ceasefire agreement reached between Thailand and Cambodia which was obtained as a result of the hard work of other ASEAN member countries. The ceasefire is currently being monitored by Indonesian observers while Thailand and Cambodia attempt to settle the dispute through diplomacy and mediation facilitated by ASEAN member states. In other areas, ASEAN continues its engagement with the international community and particularly its partners: China, the United States, India, South Korea, Russia, Australia and New Zealand. Most recently, the East Asia Summit was held after the ASEAN Leaders Meeting with some 16 countries taking part in the Summit.”
“Mr Chairman, first, I would like to thank the Ministers and Minister of State for their very comprehensive replies to our queries and questions for their full report of MINDEF and the advances in the SAF, and also finishing with military precision with four seconds to spare, I believe. Before I close, I would also like to, on behalf of Members in this House, express our support for the men and women of the SAF training in Bahrain and the Gulf of Aden as well as the humanitarian efforts in Christchurch. I think all of us support them and they do Singapore proud. With that, Mr Chairman, may I seek leave to withdraw the cut. Amendment, by leave, withdrawn. The sum of $11,595,000,000 for Head J ordered to stand part of the Main Estimates. The sum of $480,000,000 for Head J ordered to stand part of the Development Estimates. COMMITTEE OF SUPPLY REPORTING PROGRESS”
“In the last two years, retirement ages have been increased in the SAF and a new scheme known as the Military Domain Experts Scheme (MDES) allows officers with special skills such as Engineers to convert to MDES officers and retire much later. Our ageing population will become a serious challenge to maintaining a proficient fighting force. In light of this, may I ask the Minister the following: (i) Could the Minister please provide an update on the SAF's transformation to a 3rd Generation fighting force? (ii) What steps is the SAF taking to guard against the low birth rate and ageing population in Singapore? (iii) Will an ageing population result in a compromise to the SAF's operational readiness? (iv) How can we continue to attract, develop and retain the right people for the 3rd Generation SAF? (v) Will the SAF look to keeping its top talent and capable soldiers on for longer before retiring them?”
“Sir, the SAF embarked on its transformation to a 3rd Generation SAF in 2004. The aim was to become a leaner and more potent fighting force that would use technology as leverage to deal with threats. In our 3rd Generation SAF, the power of technology is not only that we have it; the power lies in the networked capabilities of its machines, thereby giving the SAF more speed, precision and mobility. To this end, there was a concerted effort to network and connect each different component part so as to enable all parts to work as a whole. This would include making use of electronic and computer technology and the requisite training to achieve an Integrated Knowledge-Based Command and Control System. As part of the transformation to a 3rd Generation SAF, we invested in a range of advanced hardware and technology. Notwithstanding the increase in the hardware and technology, however, the backbone of the SAF must continue to be its people. Singapore faces a declining birth rate. The measures that have thus far been employed to raise our Total Fertility Rate do not appear to have had a significant effect. We have one of the lowest birth rates in the world and, as a result, an ageing population. This must necessarily have an effect on every sector of our workforce. Manpower will become more scarce. The average age of the worker will rise. We have already raised our retirement age to cater for this. The SAF will not be immune to the effects of a low birth rate and the ageing workforce. It has, and will continue to have, to take steps to cater for this phenomenon.”
“(iii) What progress has been made in evolving the regional security architecture? (iv) Will China's increasing presence in the region as a dominant power have an effect on the security architecture in the region and, if so, what will that effect be? (v) What will MINDEF's position be with regard to the US and China as regional security powers? (vi) What are MINDEF's views on the tension between North Korea and South Korea? Does the Minister see that situation escalating? (vii) Does MINDEF see India, Australia or Japan playing a part in the regional security environment? If so, what role would that be? (viii) Does MINDEF see any other countries in the region playing a larger role in the security environment in the region? Cooperation between major powers”
“It was also the first time that China had expressed concern over North Korea's continued pursuit of its nuclear weapons programme. What is clearly lacking, however, is the discourse between the militaries of the two countries. This shows that while the political leadership seems to have some intention of refreshing relations, the wills and intentions of both militaries are quite different. Relations between the United States and Japan have also experienced some bumps in recent times. Tensions reached a high over the call for a relocation of the United States' military base in Okinawa. In January this year, the United States' Defense Secretary, Mr Robert Gates, spoke to students of Keio University during his visit to Japan. Secretary Gates said that a strong military alliance between the United States and Japan was important to deter North Korea and prevent China from behaving "more assertively" toward its neighbours. In answer to a question from a student about the possible weakening of China's civilian control over its military, Mr Gates said that over the past several years, there have been some signs of "disconnect" between the military and civilian leadership in China. He cited examples of military incidents that apparently took place without the knowledge of Chinese civilian leaders. The regional security architecture is growing more complex. The recent and rapid rise of China as a military power has made the presence of the United States even more pressing. It is a fine balance that Singapore and ASEAN should support. With that in mind, may I ask the Minister the following questions: (i) What is MINDEF's assessment of the regional security environment? (ii) What is MINDEF's role in the regional security architecture?”
“Sir, I beg to move, That the total sum to be allocated for Head J of the Estimates be reduced by $100. Last year saw a distinct change in the world economy. Certainly, at home, Singapore has excelled with a 14.5% growth and generally across the region, economies have recovered from the financial crisis of 2008. Unfortunately, tensions and fighting in parts of Asia have caused serious concern. Most recently, the fighting that erupted between Thailand and Cambodia over the disputed Preah Vihear temple. The ceasefire that was negotiated and agreed on by the two countries with help from ASEAN neighbours was a cause for celebration. But this incident demonstrates that even two countries that are partners in the ASEAN community can take up arms against each other. Prior to that, there was severe armed conflict between North and South Korea that began with the sinking of a South Korean vessel, the Cheonan, killing some 46 sailors. This was followed by the artillery barrage on the South Korean Yeonpyeong Island which killed two South Korean soldiers and wounded various others. The North Koreans are unrelenting and continue to pursue their nuclear weapons programme. The conflict was so severe that some speculated that this could result in a second war between the north and south. This increase in armed conflict in the region has put the spotlight on Asia and, in particular, the tension between the United States and China. In January this year, President Hu Jintao made an official visit to the United States and was received by President Obama. The visit appeared to be positive, with signals from both sides showing that there could be a fresh start to Sino-US relations.”
“For certain jobs, Singaporeans have the qualifications and skills and ought to be hired in preference to someone from overseas where possible but, for some jobs, we still fall short of the skills and experience and therefore must import our talent. A one-size-fits-all approach is not ideal. I urge the Government to be more flexible. Mr Speaker, Sir, the Budget is indeed forward-looking and one that will stand us in good stead in the long term. Its measures aim to distribute something to everyone, soften the effects of rising prices and pave the way for a more productive and advanced economy. But in the implementation of those measures, we ought to ensure that they are effective at all levels. With that, Sir, I declare my support for the Budget. 3.36 pm”
“The only criteria that seem to apply to this category of foreign workers are that the person possesses the right qualifications for the job and that his remuneration be fixed and above a minimum level. We are proud of the high level of education and qualifications of Singaporeans. But are qualified Singaporeans getting a fair chance to vie for these jobs? Do companies just import foreign talent without first looking for qualified local talent? Why not introduce one more condition for the granting of an Employment Pass – that employers show that a Singaporean is unavailable or unable to perform the same job? This criterion is not uncommon. When I did some research, I found that many countries, including the United States, the United Kingdom and Canada, all impose this type of criterion as well. I found that all the countries that I have cited have rules which require an employer to show that they have advertised or searched but cannot find a local person who is similarly qualified and is able and willing to do the job on the same terms as the potential foreign employee. Should we not be looking at imposing a similar condition for workers who are to be employed on an Employment Pass? In our drive to increase productivity and have Singaporeans do the work where possible and reduce our reliance on foreign workers, we ought not to ignore the exigencies and specific needs of each type of industry. Certain sectors can boost productivity by leaps and bounds through the use of technology and machinery. Certain sectors require people to provide a service.”
“Just last night at my weekly Meet-the-People Session, I met a couple who live in my constituency and who own a small restaurant. They have come to see me on many occasions to appeal against the rejection of the renewal of their employees’ S-Passes and Work Permits. These are employees whom they have trained and who have worked with them for some two years and more. They have tried on many occasions to hire Singaporeans or permanent residents to replace these foreign workers. Advertisements placed for various positions go unanswered or in the one case where an applicant had accepted a position, he did not turn up on the first day of work and was never seen again. This is but one of many similar experiences that have been related to me by owners of small- and medium-sized businesses, particularly in the service industry. They want to be productive and want to hire locally, but they tell me that they cannot find local workers, and technology can only go so far but can never replace the human touch where service is concerned. The end result is that we may see several of these small- and medium-sized businesses closing down because there is no one left to do the work. Should some allowances not be made for certain sectors where the human touch cannot be replaced and we know that Singaporeans are not willing to do the work? Do we want to impose measures across the board that may ultimately result in some of our small- and medium-sized businesses shutting down? I would also like to raise a different issue with regard to the other end of the spectrum – the foreigners who come into Singapore on Employment Passes. These are usually for jobs that require a high level of skill or qualifications, with commensurately high salaries.”
“The result is that the household costs relative to income may be as high as, if not higher, than some of those living in smaller flats. This is not taken into account when allocating rebates for U-Save and S&CC. I would suggest that a fairer and more targeted distribution of rebates for U-Save and S&CC could be achieved if, in the criteria for assessing the amount of rebate a household receives, we include household income and the number of family members living in the household. In addition, if we introduce bands for the rebates for each size of flat, and if the amount of rebate received within each band is determined by household income and the number of family members living in the flat, this would lead to better and more targeted relief from utility bills and S&C charges. The next issue which I would like to address is the control on the number of foreign workers in Singapore. The measures currently in place to control the number of foreign workers in Singapore include the implementation of a levy and quota system that determines how many foreign workers each employer is entitled to employ. Both these measures control the numbers that come into Singapore to work either on Work Permits or S-Passes. What small- and medium-sized businesses are now facing is not just an increase in the levies, they are also experiencing a recent trend of rejection of applications to renew Work Permits and S-Passes. In other words, they are being squeezed from all sides – they cannot get new workers, they cannot keep existing ones who are up for renewal even if they are willing to pay higher levies and those whose work passes are still valid are more expensive.”
“The increase in training support, top-up to Medisave accounts, the increase in the Public Assistance rate, the increase in the household income ceiling for KiFAS and CFAC applicants and a Workfare Special Bonus are but a few of the goodies. Notwithstanding the host of measures, inflation remains a very real concern for all Singaporeans. In order for the measures in the Budget to bite and alleviate the effects of inflation, the details of its implementation become even more important. For certain measures, I feel that the criteria for entitlement may need to be more finely calibrated. In my division of Punggol East, the vast majority of housing consists of 4- and 5-room and HDB executive flats. Many of the owners would fall within the middle- to lower-middle income categories. A recurring issue that my residents raise after each year’s Budget is the fact that the 4- and 5-room and executive flats always receive less in U-Save and Service and Conservancy Charges (S&CC) rebates. The Government’s rationale for this is that the occupants of these flats come from a higher income bracket because they can afford to buy larger flats and, therefore, do not require as much subsidy as those in the smaller flats. However, often, the occupants of the 4-, 5-room and Executive flats are not only the owners and their children, but also one set of parents and perhaps a younger brother or sister and even his or her family. What is also quite common is that there is possibly only one main breadwinner who supports the household, while the spouse looks after the children and ageing parents. These residents feel the pinch of supporting more dependants while receiving less help. With a higher number of occupants, almost inevitably, more water and electricity will be consumed.”
“Mr Speaker, Sir, thank you for giving me the opportunity to speak on the Budget Statement. This year’s Budget and its focus on strengthening our economy and society for the long term is commendable. I am particularly impressed by this year’s Budget for the following reasons. First, that the amount of $4 billion that was withdrawn from our reserves to fund the Resilience Package will be fully repaid into the reserves, and in such a short time. There is no hesitation on the part of the Government to do so because the safeguarding of our future has always been a priority. That the Government is able to reinstate the funds in such a short time is a testament to the robust measures that were put in place during the downturn which allowed our economy to recover more quickly than most, and we were able to hit the ground running once the crisis was over. Second, the Budget is impressive because it remains consistent with and improves on the fiscal policy that was put in place last year in our drive towards greater productivity. To this end, we see a significant increase in our National Productivity Fund and Productivity and Innovation Credit scheme. Aside from these monetary incentives, monetary disincentives in the form of an increase in foreign worker levy have also been proposed. This is clearly an unpopular decision for businesses but a bitter pill that we will have to swallow for long-term health. That said, I believe that certain allowances ought to be given in certain sectors that are unable to replace the human touch. I will elaborate shortly. Third, the Budget reaches out to lower-income as well as middle-income Singaporeans with both long-term and short-term distribution of surpluses.”
“(e) The disciplinary process of the Law Society is clearly set out in the Act. This includes hearings before an Inquiry Committee, a Disciplinary Committee and finally a Court of Three Judges. No such process is spelt out for disciplinary matters that are dealt with by the Attorney-General. Would it not be more transparent and fair for the disciplinary process of the Attorney-General to be spelt out in the Act as well? With that, I support the Bill. 4.45 pm”
“In respect of local lawyers practising Singapore law in a Joint Law Venture or foreign law practice, the Attorney-General may either deal with the disciplinary matter himself or refer the matter to the Law Society. Lawyers practising Singapore law in a local firm are dealt with only by the Law Society. In the amendments that are sought to be made in this Bill, there appears to be a rationalisation of the disciplinary process based on the type of law that is being practised by the advocate and solicitor, ie, either foreign law or Singapore law. Under the proposed amendments, all foreign lawyers practising Singapore law and local lawyers practising Singapore law in a Joint Law Venture or foreign law practice will be dealt with by the Attorney-General or the Attorney-General can refer the matter to the Law Society. Foreign lawyers or local lawyers practising foreign law, however, remain under the sole charge of the Attorney-General. May I ask the Minister if he would kindly clarify the following issues? (a) Why the change in policy to allow the Attorney-General to either deal with disciplinary matters himself or refer the matter to the Law Society, where Singapore law is being practised? (b) Why the Attorney-General retains exclusive jurisdiction over disciplinary matters concerning lawyers practising foreign law? (c) Will having the Attorney-General and the Law Society dealing with disciplinary matters concerning lawyers practising Singapore law lead to a divergence in the way similar disciplinary matters are dealt with and therefore to uncertainty in the process? (d) What is the reason for giving the Attorney-General discretion to either deal with the matter himself or refer it to the Law Society?”
“To this end, may I ask the Minister if he could provide some indication of the form he envisages the continuing professional development of advocates and solicitors will take? Whether it will go the way of our fellow professionals, the doctors, who have to accumulate a certain number of points each year to continue in practice? And whether the Minister will consider including in continuing professional development a certain minimum number of hours of pro bono legal work? Further, I note that the period that a trainee lawyer is required to serve in training prior to being part-called to the Bar will be reduced from four months to three months and the matters which a part-called trainee may deal with in Court have now been extended to include all hearings before a Judge or Registrar of the Supreme or Subordinate Courts. This I feel will greatly benefit trainees who are preparing to become litigation lawyers. The previous requirement of having to complete four of the six months of training did not make a part-call worthwhile as the time between part-call and a full call to the Bar was only slightly more than a month. Exposure to first-hand open Court hearings will also allow trainees to gain experience and, more importantly, confidence in Court sooner rather than later. One of the main areas that the Bill seeks to amend is section 130 of the Legal Profession Act. This section deals with the jurisdiction over disciplinary matters of foreign and local practitioners. Under the existing provisions, all disciplinary matters concerning foreign lawyers practising either foreign law or Singapore law and local lawyers practising foreign law come under the auspices of the Attorney-General.”
“Mr Speaker, Sir, thank you for giving me an opportunity to speak on this Bill. Before I begin, I would like to declare my interest as a practising member of the legal profession in Singapore. The amendments proposed in this Bill are but one part of a process of liberalisation of the legal profession in Singapore. This process has been going on for some time and includes changes permitting foreign law firms to enter into joint ventures with local law firms, permitting foreign firms to practise both foreign and local law in certain specified areas of the law as the Minister has highlighted and allowing more graduates from overseas universities to practise in Singapore. In general, I support this liberalisation and optimisation process. It has added a different dimension to legal practice in Singapore. It has opened up many opportunities for our local lawyers, who I am happy to say are keenly sought after by many of the international law firms. It has also forced local law firms to up their game so as to remain competitive in a global market. In the result, many local law firms have even expanded by opening offices abroad. It is heartening therefore to see this process of liberalisation and optimisation of the legal profession continued in this Bill. The establishment of a Singapore Institute of Legal Education to replace the Board of Legal Education is one such step. The Institute will, amongst other things, prescribe not only the rules governing the admission of advocates and solicitors to the Singapore Bar, but will also govern the continuing professional development of practising advocates and solicitors, both foreign and local.”
“Given that recent initiatives are starting to show positive results, I urge the Government to continue its efforts to enhance the quality, accessibility, affordability and diversity of pre-school education for all Singaporeans. While these efforts are important, the role of parents and the quality of home-based care must not and cannot be forgotten. Parents and other caregivers play a quintessential role in a child’s development and upbringing. Children spend as much time, if not more time, with their parents and domestic caregivers. To this end, I commend MCYS’ efforts in connecting and engaging with all members of the caregiver community so that knowledge and expertise on quality child development is disseminated to produce quality improvements in a total sphere of caregiver interactions with children. I would urge parents and caregivers to work with and partner pre-schools in the development of their children. Without the support of parents or caregivers, pre-schools will not be in a good position to maximise the learning potential and development of the child. Mr Deputy Speaker, Sir, with that, I support the amended motion. 5.05 pm”
“This will make pre-school teaching a more attractive career option and attract a higher calibre of teachers. I am glad that these efforts are already bearing fruit, but I believe that we need to do more. Building upon this, the funding and grants the Government provides must motivate pre-school operators to continue to improve on the quality of their teachers, be it through recruiting better teachers, or helping their existing teachers to upgrade their skills and qualifications. There must also be clear incentives for centre operators to improve and innovate in a diverse pre-school landscape such as ours. Apart from having the freedom to choose according to their needs, parents must also have the means to make informed choices and to provide operators with the right signals so as to encourage them to improve. The quality assurance framework will be instrumental in this effort. I am sure parents will be looking out for pre-schools that have a good rating or accreditation status. As more and more parents do that, pre-schools themselves will want to and indeed will have to improve so that they can get better ratings and, in turn, attract more pupils. We must also ensure that children from lower-income families are able to access and afford a quality pre-school education. On this front, I am heartened to hear about the Government’s outreach efforts and to note the many financial schemes that have been made available to these families. I echo Mrs Josephine Teo's call to enhance the schemes already available. I am also very happy to hear that geographical accessibility has been enhanced and continues to be enhanced.”
“The better approach is to educate parents so that they neither neglect to give their children the benefit of a pre-school education nor unnecessarily pressurise or hothouse their children. The roles of a pre-school education and a formal education should be distinguished and be developmentally appropriate. Pre-school education should focus on providing opportunities for holistic development in areas such as social and communication skills as well as motivating the child and creating within him a positive attitude for life-long learning. These skills and disposition should be picked up through purposeful play so that children enjoy the whole process of learning. I would caution against perpetuating a perception that pre-school education is a high-stakes competition which compares which child is better prepared for Primary 1. This would be the net result if we take up the suggestion put forward by Mr Sadasivan and Ms Wong. Instead, I would encourage the Government to continue to improve the baseline quality, affordability and accessibility of pre-school education as well as to ensure that pre-school education is both developmentally appropriate and focused on the holistic development of the child. I am certain these directions, set by the Steering Committee for Improving the Quality of Pre-School Education, resonate with this House. I agree with Mrs Josephine Teo that the key to realising the benefits of pre-school education is the quality of delivery. I would like to add that the key to the quality of delivery in education is the quality of teachers. I am glad that over the past three years, MOE and MCYS have raised the minimum qualifications for pre-school teachers.”
“I am, therefore, glad that MOE and MCYS work closely with community support groups in their outreach efforts to provide such families with more holistic support. Compulsory pre-school education does not provide the targeted attention and community support needed in these cases. Outreach does. It is by working through the community support groups and grassroots organisations that we can achieve full attendance at pre-school without resorting to the heavy arm of the law. Ms Audrey Wong has argued that the stakes for pre-school education have been raised as parents are now more ambitious for their children. She adds that it is no longer sufficient for children to enter primary school with basic numeracy and literacy skills, and that children are increasingly expected to already possess non-academic qualifications in areas such as music and dance. I am not sure how pervasive this mentality among parents is but would be very concerned if this is indeed the case. However, I will agree that a lot of the pressure that Singaporean children face today in school comes from their parents. That being the case, if we were to follow Mr Viswa Sadasivan’s proposal and bring the formal school system down to a younger age, by making pre-school education compulsory and formalising a curriculum, the pressure that parents are already piling on their children will just only start at an even younger age. Just listening to the quotes that Ms Audrey Wong read out, demonstrates that some parents are not going to stop sending their children to enrichment classes just because pre-school becomes compulsory and the common curriculum is enforced; it only means that this process of enrichment for a perceived headstart will just start earlier in a child's life.”
“Mr Speaker, Sir, thank you for allowing me to speak in this debate. [Mr Deputy Speaker (Mr Matthias Yao Chih) in the Chair] The first time I spoke on pre-school education was during my maiden speech in this House. The last time I spoke on the topic was the following year when I raised a parliamentary question on improving the quality of pre-school education and reviewing the guidelines for pre-school. There have been positive developments that have taken place in both the kindergarten and childcare sectors since then. I am also heartened by the preliminary results of these developments. Before elaborating on the three focus areas for pre-school education which are quality, accessibility and affordability, allow me to address a couple of arguments raised by the Nominated Members, Mr Viswa Sadasivan and Ms Audrey Wong. Mr Sadasivan has argued that legislating compulsory pre-school education is necessary to ensure that parents no longer act in an irresponsible manner by depriving their children of a pre-school education. But is legislating compulsory pre-school education the silver bullet? Legislation alone will not help when dysfunctional families are mired in complex social problems. With or without legislation, they still need to be engaged to persuade them to send their children to pre-school; with or without legislation, they still need ongoing support in many other areas to ensure that their children can break out of the cycle of social problems. Unfortunately, there is no quick legislative fix. A family who cannot afford to send a child to pre-school, or who does not see the need to send a child to pre-school, then punishing them for not doing so is not going to address the fundamental issue – getting their child into pre-school.”
“I thank the Minister for his thorough reply. Thus far, the action on Indonesia's part seems to one of putting out the fires rather than preventing them. Do we know what are their plans to prevent the fires and to penalise the perpetrators who caused the fires? Also, is this delay in ratifying the Transboundary Haze Pollution Agreement a sign of their seriousness? Perhaps we can convey to them that they should try harder to ratify this.”
“I thank the Minister for his comprehensive reply. Given that detection of corrosion in the AISB valve did not happen this time round, are the RSAF and all the manufacturers working on a means to detect corrosion or any other faults in the AISB valve for future engines?”
“These international athletes need not be of the top tier but even mid-level or young international athletes will provide healthy competition for our local talent. Sir, a vibrant sporting environment will enhance our social cohesion and national identity and the Biennial Singapore Games will certainly facilitate that. Mr Deputy Speaker, Sir, with that, I support the motion. 6.12 pm”
“We cannot and must not lose them but sustained participation in sport cannot be without a goal, without something to look forward to, without something to try and win and, therefore, I agree with Mr Zaqy Mohamad when he says that through the Biennial Singapore Games, we can provide a platform that can bring sporting talents and community sports participation from across Singapore together. I also believe that with a Biennial Singapore Games, the progress made by the Youth Sport Development Committee will not go to waste. Five satellite centres have been established and another 21 will soon be established. These centres will give the community an opportunity to try their hand at the 26 Olympic sports, the immediate goal being mass participation. The long-term or underlying goal being to identify the sporting talent within the community. If we hosted a Biennial Games, those who have had a chance to try out the various sports in the satellite centres and who have decided to develop their skills, in particular, sports, will have an avenue to test those skills. As for the rest of Singapore, it will give us a chance to watch our sporting talents up close and personal and to cheer them on. This, instead of having to wait for the occasional World Championship for Asian Games or Commonwealth Games which may get some airing on local television and a news snippet or an article in the sports section of the local press. As an added incentive, we might also consider inviting certain international athletes to participate in the Games. This will give our local athletes some exposure to international competition and an idea of what they can expect to be up against if they compete on an international platform.”
“Mr Deputy Speaker, Sir, August saw Singapore host the inaugural YOG. I believe that we did well. It brought our nation together and brought out the best in our people. From the point of view of logistics, organisation and administration, ie, the hardware, I do not think that there was any doubt that we could do it but I think it was our people that made all the difference. Our volunteers performed above and beyond the call of duty. The volunteers were always gracious and never once lost their composure nor did they crumble under pressure and then there were athletes who did us proud by winning more medals than expected. They showed grit and determination in the face of stiff competition from some of the best sporting talent and they showed courage in the face of defeat. Last but certainly not least, there were the supporters. I witnessed the expressions of national pride which I have not seen or heard since the days of the Malaysia Cup and even when we lost, the support was unrelenting. And that is really what sports is about. It is about cultivating and bringing out the best in people, be they athletes participating in the Games, supporters cheering them on or volunteers helping with the Games. And so I rise in support of the Motion tabled by the Member, Mr Zaqy Mohamad. There is no point hosting the inaugural Youth Olympic Games if we are not going to follow up on it and develop on it. We need to keep the momentum going. We must open up opportunities for both mass participation and sports within the community as well as develop our sporting talents. Many talents shone during the games.”
“The Law Society has recommended that the accused should be informed of his right to consult with a lawyer when he is arrested and once he has exercised this right, he should be given up to two hours to contact a lawyer by phone during office hours, up to four hours if it is after office hours, or until 10 am the next day if it is late at night. The Law Society also recommends that the CPC should stipulate that the accused person be entitled to consult privately with his lawyer. May I please ask the Minister why these safeguards have not been included? As the ACLS had pointed out in their feedback, the access to counsel is all the more important since the CPC does not oblige the police to inform the accused person of his rights, in particular, the right against self-incrimination, before taking a statement. I believe that justice must not only be done but must be seen to be done. We should not shy away from ensuring that the accused person's rights are safeguarded and that he is aware of those fundamental rights. Sir, with that, I support the Bill. 5.43 pm”
“While the accused need not be told of his right against self-incrimination, he may be convicted on a statement he has made in which he incriminates himself. And, best of all, that statement could have been made while he is intoxicated. May I ask the Minister to consider excluding this Explanatory Note? The final aspect of the Bill that I would like to touch on is the right to be informed of the right to counsel. Article 9(3) of our Constitution states that "where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice". What is not guaranteed by the Constitution, however, is the right to be informed of the right to counsel and when that access to counsel will be granted. The right to be informed of the right to counsel is legislated in all other major developed common law jurisdictions. In the United Kingdom, the legislation stipulates that an arrested person is entitled to consult a solicitor privately as soon as practicable, with the exception of certain permitted delays, but in any case within 36 hours. In Australia, it is legislated that a custody manager for the arrested person must inform him that he is allowed to communicate with a lawyer and consult with the lawyer in person or ask for the lawyer to be present during investigations. The arrested person is also entitled to communicate privately with his lawyer. Unfortunately, the CPC Bill contains none of these safeguards.”
“Essentially, the idea is that the accused's statement will be admissible only if it was made voluntarily. The problem lies with Explanatory Note 2 and this is something that was highlighted by both the Law Society and the ACLS. Specifically, Explanatory Note 2 states that if an accused person's statement is admissible, it does not become inadmissible merely because: (a) the statement is made under a promise of secrecy or in consequence of a deception practised on the accused; or (b) by reason of the accused being intoxicated; or (c) where the accused has not been warned that he was not bound to make the statement and the evidence of it might be given against him in Court. To begin with, a statement that is made under a promise of secrecy or in consequence of a deception is just another way of extracting a statement from an accused by way of inducement, threat or promise. A promise of secrecy or an act of deception would fall neatly into the category of an "inducement". Such statements would be a contravention of section 258. Why then have an Explanatory Note which leaves the door open and some room for doubt? The situation becomes even more troubling where the Explanatory Note concerns a statement made when the accused is intoxicated. Intoxication can impair judgment, affect memory and cause confusion. It does not seem fair to allow the prosecution to use a statement the accused made while intoxicated which may lead to his conviction. The third issue in the Explanatory Note concerns a statement being made when the accused has not been warned that he was not bound to make the statement and that evidence of it might be given against him. This raises the same problem as the one I highlighted earlier concerning section 22 and a person's right against self-incrimination.”
“If we begin with the point of time when the accused person is first brought in for investigation, section 22 of the Bill empowers the police officer to examine the accused or any person, and it confers on the person being examined the right not to say anything that might expose him to a criminal charge, penalty or forfeiture. This is generally referred to as the right against self-incrimination. However, there is no obligation on the police officer to expressly inform the person being examined of this right. Some might wonder, what is the good of having a right when you do not know about it? Few people might be aware that they need not reply where that reply might incriminate them. The Law Society has recommended that the revised CPC should oblige the police officer to read out this conferred right to the person being examined, who may well be the potential accused. This recommendation has not been taken up. The lack of an obligation to inform the examined person is a clear erosion of the right conferred by section 22(2) because a right without knowledge of its existence is, in effect, like not having that right at all. I next turn to section 258 of the Bill, which my learned friend, Mr Alvin Yeo has spoken. Section 258 subjects the accused person's statements to the voluntariness test. What this means is that the Court will refuse to admit the statement if the making of the statement appears to have been caused by any inducement, threat or promise proceeding from a person in authority and sufficient to give the accused person reasonable grounds to suppose that in making the statement, he would gain an advantage or avoid evil of a temporal nature in reference to the proceedings against him.”
“This is indeed a very sensible change because the Judge presiding over the criminal trial is fully apprised of the facts and is in the best position to decide on the appropriate compensation for the victim. Making the victim bring separate civil proceedings simply means excessive costs and delay for the victim as well as a waste of the Court's time because all the evidence will have to be revisited. Let me now turn to an issue that has been a "thorn in the side" of the criminal lawyers for sometime – the discovery process. Under the existing CPC, the Prosecution, which has the benefit of the fruits of all the work product from police investigations, has no obligation to provide the defence lawyers with statements and materials that they have in their possession, beyond the First Information Report and the cautioned statement. This imbalance in the access to information makes it difficult to conduct the defence, to say the least. With the proposed amendments to sections 161 to 166 of the Bill, prosecution and defence lawyers are obliged to furnish and exchange their respective cases. Significantly, the Prosecution is also required to provide other statements and materials that will not be relied on after the defence has filed its case. I applaud this change. For too long, defence lawyers had to operate in the dark, without sight of any statements or evidence until the trial. More importantly, they will now have access to statements which may be exculpatory. We have moved out of the dark ages. One common complaint that I receive from some lawyers who practise at the Criminal Bar is the lack of, or apparent lack of, safeguards for the rights of the accused.”
“Another aspect of the new community-based sentencing scheme is the introduction of provisions that allow minor offences to be rendered "spent" once the community-based sentence is completed. Crimes are sometimes committed in a moment of folly and there are many young or first-time offenders who regret their actions and would never repeat the mistake. Allowing for these minor offences to be "spent" spares them from being judged for life and affords them the much-needed second chance. In their feedback to the proposed amendments to the CPC, the ACLS had proposed the inclusion of two new community-based sentencing schemes – the Conditional Stern Warning and suspended sentences. These are not new or untested concepts. The Conditional Stern Warning is envisaged to be administered in lieu of prosecution, such that certain offences will not be prosecuted in Court if the alleged offender does not commit any offence for a certain period of time. The concept of the suspended sentence is not new either. It is in use in countries like Hong Kong and Australia. The suspended sentence takes effect only if the offender re-offends at a later date or breaches a condition imposed by the Court. I note that these two schemes have not been introduced and I was hoping if the Minister could enlighten us as to why they have not been included. Under the current CPC, the Court has the power to award compensation to a victim who is injured as a result of a crime, but there is no positive duty on the Court to consider whether or not to exercise this power. Section 359 of the revised CPC Bill will require the Court to actively consider ordering compensation after every conviction.”
“Mr Deputy Speaker, Sir, I rise in support of the Bill to repeal the existing Criminal Procedure Code and re-enact a revised Criminal Procedure Code, or what we lawyers commonly refer to as the CPC. Before I begin, let me declare my interest as a practising lawyer, although I do not practise at the Criminal Bar. I would like to acknowledge the input and assistance that I have received from the Association of Criminal Lawyers of Singapore (ACLS). I will also refer to the feedback published by the Law Society of Singapore on the CPC Bill. Sir, I would like to cover five points: First, the introduction of a greater variety of community-based sentences; second, the introduction of a requirement for the Court to consider awarding compensation to a victim of a crime; third, the new criminal discovery process; fourth, certain safeguards for the accused person; and, finally, the right to be informed of the right to counsel. Community-based sentencing has attracted a considerable amount of coverage in the media. The existing CPC provides for a very limited range of community-based sentences, with the proposed amendments in Part XVII of the Bill, the options have been extended. These are indeed positive steps that are to be applauded. The wider range of community-based sentences allows not only more options of sentencing for the wide range of crimes that are being committed, but also allows for a sentence better tailored to cure the underlying cause for the commission of the offence. This will ultimately assist in the rehabilitation of the offender and hopefully reduce recidivism. In my view, this is especially pertinent for young offenders and first-time offenders.”
“Sir, two clarifications. The first is on the Sports Hub. I do not think the Senior Parliamentary Secretary answered the questions on when we can expect the winning consortium to sign the Development Agreement and when we can expect the ground-breaking ceremony. The reason I asked this again is because if we do not have a Development Agreement, then how do we know that it is going to be completed in 2013 or 2014? The second question is on the marathon. I know it has grown, but I do not think that is credit to the Sports Council. It is credit to the NSA and the people who take part in it. So, again, I ask for the rationale for SSC coming in to take over the marathon.”
“Yes, they have to account for its use, but as recent revelations in the SAA shows, sometimes, the money may be wrongly used and they may not be held accountable for some years. I stand corrected but I do believe that the SAA was asked to account for its expenditure of funds over a few years, not just the last financial year. What would have happened if no dispute had arisen between the SAA and the Singapore Sports Council (SSC)? Yet, the Government's official position, as stated in this House last week, was that they would not interfere in the running of the NSA. At the same time, however, the SSC has taken upon itself to run its own marathon, coincidentally about the same time and with the previous sponsor of the marathon organised by the SAA. I do not recall the SSC taking on the organisation of other such sporting events. May I please ask the Minister for clarification on the following: (1) Given the on-going saga between SSC and SAA, has MCYS considered reviewing the way NSAs are regulated by SSC; (2) Should the control over financing be the only means by which SSC can control an NSA? Should there be some other controls which can be evoked where a national sport is at risk of becoming extinct because of problems within the NSA? (3) Does SSC's initiative to run a separate marathon which has yet to be sanctioned by SAA bode well for this sport? What was the rationale for SSC holding its own marathon?”
“Sir, in response to a question asked in this House in January this year, the Minister said that the Government remains fully committed to the development of the new sports hub. In fact, now with the stabilisation of the global economy, stabilisation of construction cost and the gradual improvement in credit availability, we expect the project to get back on contract in coming months. That was almost two months ago. And to-date, we have not heard any news as to when and whether the winning consortium will be proceeding with the project. We had many final matches at the National Stadium and, frankly, it is becoming a bit of a joke. Singaporeans will be proud to have a sports hub and we look forward to it. Therefore, may I please ask the Minister what is the progress of the sports hub. When can we expect the winning consortium to sign the development agreement? When can we expect the ground breaking ceremony? Given the economic recovery, is the project still having financing problems? Is the public-private partnership (PPP) model still the correct model for this project? Has MCYS considered changing the development model so that the project can get off the ground? Governing National Sports Associations Sir, the recent and on-going debacle with the Singapore Athletics Association (SAA) highlights the difficulties faced by our National Sports Associations (NSAs). Some of them, particularly those with resources have a large volume of volunteers and full-time staff who can see to the proper running of the association. Some of them do not have the means or personnel to properly administer and promote their sport. Sadly, whether the large or small, properly run or not, all our NSAs receive public funds.”
“I thought I had a bit of time. On behalf of the GPC, to the Minister and his team, we say may the "FOSS" be with you. And, Mr Chairman, Sir, I am heartened to note that we have settled Mr Sin Boon Ann's status given Mr Sin's gravitas and abilities on and off the green to assume that he is a doctor would certainly not be a sin. With that, Mr Chairman, may I seek your leave to withdraw my amendment? Amendment, by leave, withdrawn. The sum of $392,296,000 for Head N ordered to stand part of the Main Estimates. The sum of $44,750,000 for Head N ordered to stand part of Development Estimates. Head T – Ministry of National Development 4.15 pm Affordability of HDB flats”