Tan Su Shan
Singapore
“And because actual individuals could be punished as a result of their company's transgressions, any person holding a management position, who may not be the key decision maker, could be made a Page: 43 scapegoat. This raises the issue of fairness. The other issue is the question of legislative over-reach.”
“Why not continue this practice and do more work to encourage students to take more proactive steps in playing their part to make our society a better place. Give our students a shared vision, a mission of what we want Singapore to do; and where we want to go; and what we can achieve if we are a connected society.”
“Our fundamentals remain sound: a balance of payments surplus, sound public finances, stable banking sector and a credible exchange rate system. These are advantages most countries do not have.”
“Mdm Speaker, I would like to ask the Minister this: the MOE Paper on Principal Rotation states that the process of systematically appointing and rotating principals enables experienced principals to share best practices in support of "Every School a Good School". Would that principle, therefore, apply to teachers as well?”
“Hopefully, Singapore can start to set these standards rather than just follow them, and, hopefully, we can gain more credibility in the long term by showing that whilst we remain open for business, we are serious about setting and executing on only the highest international standards.”
“This Bill may be a late start, Sir, but it is an important start in how we recognise our changing demographic trends and how we address the prickly parenthood issues that may arise from the increasing use of ART.”
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“Mdm Speaker, the Population White Paper was supposed to be a bold vision to chart Singapore's future. Instead, it has amplified the social and political divide amongst Singaporeans. If these extreme views are allowed to fester, and the fundamental concerns are not addressed, this lack of balance could destabilise Singapore. Hence, as a Nominated Member, I feel compelled to speak up and to speak boldly. I feel compelled to speak up against this divide and to make a call for balance and objectivity from both sides. We have two camps now. One camp does not want any more foreigners crowding us out. They want a lower cost of living, higher real wages and they want the Government to focus on the immediate, pressing problems of housing, transport and inflation. Perfectly reasonable. Then we have a camp who wants a more open economy, more labour mobility, less pressures on margins and more growth. Also not unreasonable. But this is not a trade-off between business and the man-in-the street. It is a trade-off between the short term and the long term. It is a trade-off between this generation and next. And it is a trade-off between Singapore versus other high growth countries. Singaporeans need to see both sides objectively. We need to see this also from an international perspective. Hence, I wish to address these issues from four perspectives: (1) a timing perspective; (2) an international perspective; (3) the fertility rate; and (4) integration. Let us talk about timing. In the short term, we have labour shortages and infrastructural constraints. More importantly, we have inflation. In the long term, we have demographic challenges, due to an ageing population and a lack of babies.”
“I thank the Acting Minister. Madam, the numbers for Singapore are very good and also very bad. We have an average GDP per capita of over US$60,000, which is excellent, but a median income per adult of only about US$30,000, which is very low. Hence, with the Page: 29 highest Gini coefficient around in the world, my question to the Acting Minister is: does he look at inter-generational income elasticity? The Straits Times had an article that said that Singapore's inter-generational income elasticity is 0.58, which means that we are less socially mobile than Hong Kong, at 0.4, or the Scandinavian countries, at 0.3. Hence, are there any proactive measures taken by the Ministry to try and stop this vicious poverty trap to lift the bottom 20% of Singaporeans out of this vicious cycle?”
“Okay. The clarification is this. Would the Securities and Futures (Amendment) Bill, together with the Financial Advisers (Amendment) Bill, look at the overall OTC derivatives of financial institutions, perhaps not on a net basis, but on a gross basis, so that the gross overall exposures are in OTC derivatives or CDSs of financial firms, in addition to their credit ratings, before the products are allowed to be sold to the investing public?”
“I would like to declare my interest as a banker, working for DBS. I waited for the end of the discussion of these two Bills in order to make a comment and also a suggestion on how we could perhaps relook at combining both these Bills – the Financial Advisers (Amendment) Bill and the Securities and Futures (Amendment) Bill – to further protect the investing public in Singapore. Firstly, as we all know, financial products are, by and large, manufactured by global financial firms. Global financial firms are credit-rated by top rating agencies like S&P, Moody's and Fitch. As we all now recall, when Lehman went under, it was an overnight situation and Lehman went from investment grade one day to junk status the next day. So, I often use the term —”
“Sir, I thank the Minister of State. My supplementary question is this: some countries now consider age-related decline in fertility as a medical condition and, hence, they allow egg-freezing. There is growing evidence that eggs frozen from a woman below age 35 have a higher chance of a successful pregnancy or birth. Will the Ministry, therefore, be open to considering egg-freezing as an option available to more women, including single women before they marry? This may enable more Singaporean women to preserve their fertility till they marry, thereby increasing their chances of a successful pregnancy after marriage. Page: 1208”
“Mr Speaker, Sir, I am declaring my interest as a banker. My understanding is that banks here do fairly stringent and rigorous Know Your Clients (KYC) and anti-money laundering (AML) checks when on-boarding their clients. Given the potential for the EDB and the banking sector to work together, is this something that the Ministry would consider in raising the bar for allowing the GIP applicants to qualify to come here?”
“With security cameras in public areas, EZ-Link cards, cell phones, and so on, our whereabouts can be tracked all the time. And if the Government is, indeed, the custodian of such data, then can the Minister address what is done with all this information, and how long is it stored? Who has access to this information, and under what circumstances is this information shared? Assuming this information is only shared in the course of public justice or security, then who determines what rationales are permissible, and what are the safeguards to ensure that such trust and privacy are not violated? Mr Speaker, I am afraid I have raised more questions than answers. I hope the above questions and suggestions help our promulgation of a Personal Data Protection Act that is world-class, and delivers solidly the personal data protection that our people fully deserve. 4.56 pm”
“How shall we assess if it has discharged its duties in the best interests of Singapore and, given the importance of the role, will such information be publicly available in a timely and convenient manner? Thirdly, clause 11 on the compliance of the Act. Clause 11 states that in meeting its responsibilities under this Act, an organisation shall consider what a reasonable person would consider appropriate in the circumstances. This, however, leaves wide open the question of what might be deemed "appropriate", which significantly impacts the protection the Act might afford. Perhaps, there could be more clarity then on what may be deemed "inappropriate". Clause 11 also allows for the delegation of authority. I quote, "an individual designated such may delegate to another individual the responsibility conferred". The question here is: is such second-degree delegation necessary? Does it aid or does it hinder accountability? Lastly, as fellow Members have pointed out, let us just talk about the issue of NRIC numbers. It has become commonplace for NRICs to be used as a required field in forms, whether official or not. While contact information is necessary for tele-marketeers, is giving our NRICs always necessary? Have the authorities considered the risk of ID theft? Given the sensitivity surrounding such information, can the Minister consider ringfencing this data so that it absolutely cannot be shared, and should only be collected, if necessary, for administrative purposes – with the onus on the collecting agent to ensure it can meet the burden of proof. Page: 856 I end with a suggestion for the Minister to consider improving the transparency of how the Government uses all the information it collects. After all, we are living in an era where we all carry chips with us.”
“Mr Speaker, Sir, thank you for the opportunity to speak on the proposed Personal Data Protection Bill. In this Information Age, copious data is generated on our every movement, action or even preference, particularly in a digital society such as Singapore's, where one's location can be constantly tracked via phones, EZ-Link cards, CashCards, and so on. Abuse of data privacy could give rise to serious personal privacy violations which in turn could portend societal harm. Mr Speaker, Sir, this is a vital Bill, and one that is overdue. Page: 855 That said, while it is indisputable that personal data privacy must be protected, the equally important questions of reach and enforcement may not have been fully considered in the proposed Bill. These are important areas which can be crafted in a more precise manner or it may leave too much open to interpretation. Allow me to offer three such examples from the Bill where, perhaps, more specific details can be offered. Number one – clause 4. This clause relates to the application of the Bill. Yet, it says it will not impose any obligation on any individual, any employee or any public agency, acting in the course of employment. If this exemption is necessary, then, surely, they should only apply if these employees or public servants have accessed the data, whilst in the proper course of duty. This means they should exercise reasonable care in the handling of such data. A blanket exemption should not give these employees immunity from handling such data responsibly. Secondly, clause 5 on the appointment of a Commission. Regarding this Commission, what criteria will be used in their shortlisting and selection? How do we ensure that they are independent and, related to that, what will be its tenure and maximum renewal?”
“Sir, I wish to thank the Minister for his clear answers. My supplementary question arises from a need to understand if the Minister is more concerned about the risk of growth or the risk of inflation. If it is, indeed, the risk of inflation that we are worried about, then, needless to say, our Asian counterparts, the US and Europe are all seeing a slowdown in inflation. Singapore's inflation has gone down and, perhaps, it is debatable that quite a bit of our inflation is made in Singapore and cannot be addressed by a strong Sing-dollar policy alone. My question is: what gives? Are we going to focus on growth or are we going to focus on inflation management? Page: 810”
“While public education efforts should continue, enhancing the rights of these workers will be crucial in protecting them. We should not fear expanding the very basic suite of rights for these workers and enlarging the narrow scope of employers' responsibilities for these workers. To be sure, there have been improvements in the regulatory regime on the employment conditions of foreign workers and a greater awareness of the basic rights of these foreign workers. Progress has been made over the last few years but we still have a long way to go. We should not relent in our efforts. Given the significant number of foreign workers in Singapore, the ill-treatment of foreign workers can also undermine bilateral relations between the foreign workers' home governments and Singapore as well as Singapore's international image and branding. But, more importantly, beyond that, we have to do the right thing ultimately, for as all human beings, regardless of their station in life, are entitled to dignity and respect, particularly when they seek dignity through work. Our focus on the regulatory framework must not result in our ignoring the equally important role of adequately protecting the rights of the foreign workers. Sir, on that note, I welcome the Bill. 4.37 pm”
“That is the least we can do for these workers who often risk life and limb because of the very innate human aspiration to want a better life for themselves and their families back home. Sir, many of these transient workers do the "3D" jobs – the dirty, degrading and dangerous jobs – that Singaporeans shun. Their labour is essential to the completion and upkeep of many of our public and private infrastructure projects, and their efforts help enhance our living environment as well. But we often take them for granted. Mr Speaker, Sir, I hope that the Manpower Ministry will continue to ensure that the Employment of Foreign Manpower Act is regularly reviewed so that our legal regime is up to the challenge of providing adequate protection to the foreign workers. These amendments that this House is considering today are long overdue. I sincerely hope it is not because the primary beneficiaries are non-citizens of Singapore. Page: 749 Sir, this round of proposed amendments to the Employment of Foreign Manpower Act is specifically targeted at empowering the Ministry of Manpower to step up enforcement against errant employers more expeditiously and effectively. Sir, I am pleased that the Minister has given his assurance and commitment that a review will be done on key employer responsibilities vis-a-vis the rights of transient foreign workers. That is the logical and humane step to take, and I believe a greater focus on and attention to the rights of the workers is long overdue. Our approach in the management of foreign workers has focused very much on public education. But there is a limit to what public education can do with regard to our treatment of transient foreign workers.”
“Most, if not all, of these workers see employment in Singapore as a means towards a better life. As many Members have observed, many of these workers incur huge debts in order to have the opportunity to work in Singapore. It does not help that these unscrupulous employers and employment agents would treat these people like chattels and exploit the Work Permit Pass regime for financial gains. Sir, the Bill must send an unequivocal message that as a country that is heavily dependent on foreign manpower, the exploitation of foreign workers will not be tolerated. As such, I welcome provisions in the proposed amendments that seek to increase the penalties for the various offences, both administrative and criminal ones. This can help ensure that the penalties are commensurate with the potential profits to be made. Our employment laws must have that deterrent effect. Given the increasing sophistication of syndicate operations, our laws must be strengthened to deal with them. I support the inclusion of rebuttable presumption clauses, such as the proposed section 22A, as well as the expansion of investigatory powers such as those found in the proposed section 16. Similarly, it is only proper that the proposed amendments seek to provide the relevant authorities with the power to impose a confiscation order to ensure the adequate disgorgement of illegal profits gained from such operations. Sir, like the Immigration (Amendment) Bill which this House deliberated upon last month, this Bill will strengthen our border security. But, more importantly, it should enhance the protection for the several hundred thousand of transient migrant workers already in Singapore, and the many more who will seek employment here.”
“The first objective of preventing exploitation of foreign workers from unscrupulous employers is to be applauded and fully supported. The other objective of ensuring that Singaporeans are not denied jobs when employers circumvent these rules to hire cheaper foreign labour needs to be questioned further. I would argue that if we are indeed successful in our efforts to improve the skills, productivity and wages of our lower income Singaporeans, then they would not want to take up these jobs left behind by low-wage foreign workers. I would argue that most Singaporeans aspire towards better paid jobs through skills upgrading. Hence, rather than focusing on squeezing employers to reduce their dependence on foreign labour for lower skilled jobs, why not channel our resources and efforts on improving the skills of our lower wage Singaporeans instead? This will enhance their employability and ultimately raise their standard of living. This is what inclusive growth is all about. 4.32 pm Asst Prof Tan Kheng Boon Eugene: Mr Speaker, Sir, I rise in support of the Bill. The amendments are needed to bolster the integrity of the framework governing the employment of foreign manpower, in particular, the unskilled and low-skilled foreign workers on Work Permit Passes. The fact that the amendments are needed reflects poorly on the various parties involved in the employment or perhaps one should call the exploitation process of transient migrant workers in Singapore. It also reflects on us, in some respects, as a callous society in which some seek to profiteer through unscrupulous means given our persistently high demand for such workers. As a society, we should not tolerate such conduct. Page: 748 It is sad that these foreign workers are seen in blatantly instrumental terms.”
“Hence, I think it would be good to have a clearer or, perhaps, a simpler structure on these penalties, instead of the current way of meting out a combination. Thirdly, raising productivity of foreign workers. As we embark on productivity gains for local workers, will MOM also consider allowing foreign workers to improve their productivity by allowing them to multi-task, that is, whilst their work passes may specify a single job description, can they be allowed to advance on, take on more, or can their existing insurance policies be extended for more coverage? Page: 747 Also, we hope that the changes in DRC does not mean that employers have to let go of their more experienced and productive workers. With tighter ratios, it will also be more difficult for employers to plan their employee training, hence impeding productivity gains. Lastly, the timing of these tightening measures. Higher levies, heavier penalties and tighter ratios mean higher costs for employers. In fact, one can argue that what caused many Singaporean employers to break the law initially was the sharp rise in labour costs caused by the tightening measures that started in July 2010. Now with margins being squeezed further by global economic headwinds, some local employers have to choose between closing down their businesses or resorting to even cheaper labour. If more SMEs close down, the risk is that lower wage Singaporeans who are hired in this sector will suffer. Hence, I would suggest that there may be a time to review this approach of restructuring our economy and I question the timing of such measures now. This tightening is a self-imposed supply side constraint that can result in slow growth and high inflation. Finally, I will summarise the objectives of these amendments.”
“Would MOM ensure that higher levies imposed next year will not lead to employers cutting down on providing basic welfare for their employees to save costs? Whilst these workers build beautiful skyscrapers for us, they do return each night to fairly spartan living conditions. Any worsening of these conditions could spark more social issues. I now go on to the employer perspective. In order to get the employer perspective, I spoke to business associations, employers and even some insurance companies that provide coverage for these workers. Firstly, finding the perpetrators of kickbacks. Because of these kickbacks, some companies have been able to hire foreign workers through S and Employment Passes at effectively lower costs than they should be. This in itself is a deterrent for productivity gains. As the Acting Minister himself said, most of these kickbacks are received in cash. Hence, it is very difficult to prove that such errant employers are receiving kickbacks. Hence, any increment in penalty may not have a significant deterrent unless such enforcement measures mentioned in clause 12 can be effective in apprehending such employers. So, the question is: will these amendments be effective in finding the perpetrators? Secondly, more clarity on stiffer penalties. The Acting Minister did bring up the myriad of increment in penalties. These penalties have been increased to a new maximum of $20,000-$30,000 in cash, caning and imprisonment. The question here is one of clarity for determining the penalty and the extent of the civil servants' empowerment and the determination of whether it is a financial penalty, caning or imprisonment.”
“Mr Speaker, allow me to discuss the amendments to the Employment of Foreign Manpower Bill from two different perspectives: the perspective of the foreign workers themselves and the perspective of the employers. I have four issues to raise on each side. Let me start with the foreign worker perspective. The first issue of kickbacks and churn. In order to get the foreign worker perspective, I went to visit several foreign workers last Sunday at one of the bigger dormitories in Singapore. These dormitories house about a thousand men from Bangladesh, India and China. All of them share similar living and working conditions, 10 bunk beds to a room, no mattresses, but their financial circumstances were very different, depending on what country they come from and what type of employment agencies they used. Some of the younger workers I spoke to, have to pay as much as $7,000-$8,000 in their first year. They get sent back and then they hope to come back in their second year, but they have to pay another $4,500 in fees. Thus, I hope that these tougher penalties will stop such kickbacks and exploitation and, hopefully, lead to lower costs for these foreign workers. This should lead to better and fairer treatment for them. Page: 746 The second issue is a longer employment term. Will MOM also consider granting a longer employment term beyond one year especially if the worker has done a satisfactory job? Currently, many get sent back after a year and they do not even break even. Thirdly, heavier penalties on workers. Incidents of forgery of certificates or falsification of documents will mean workers are penalised with up to 24 months in jail or 12 months for employers. Can we justify workers having such heavier penalties for the same crime? Lastly, cutting back on welfare.”