MAINTENANCE (FACILITIES FOR ENFORCEMENT) BILL

Order for Second Reading read.

8.31 p.m.

The Minister for Labour and Law (Mr K. M. Byrne): Mr Speaker, Sir, I move, "That the Bill be now read a Second time."

The purpose of this Bill, Sir, is to facilitate the enforcement of maintenance orders. Under the present law, if a person neglects to comply with an order of maintenance made by a Court under the Married Women and Children (Maintenance) Ordinance, the Court is given power to direct the amount to be levied in the manner provided for levying fines imposed by the Magistrate's Court, or to sentence the person to imprisonment, which may extend to one month for each month's allowance remaining unpaid. The Criminal Procedure Code thus provides for a fine to be levied by distress and sale of the property belonging to the offender. But this provision has remained a dead letter as the Criminal District and Magistrate's Courts have no facilities and no officials to levy such distress. The effect is that a person who refused to comply with a maintenance order can only be sent to prison, and in fact, in the period 1st of January, 1958, to 30th of June, 1959, 26 persons were so sentenced to imprisonment by the Court.

In the case of a maintenance order made by the Shariah Court, the position under the present law is that where a person neglects to comply with an order of the Shariah Court, the Shariah Court itself can do nothing. The aggrieved wife would in such a case have to go to the District Court to seek enforcement of the order of the Shariah Court.

This Bill seeks to give power to the Court, including the Shariah Court, to make an attachment of earnings order, to make it mandatory on an employer to deduct the amount of the maintenance allowance from the wages or other periodical payments made to the person liable to pay the maintenance, and to pay such sums into the Court.

The definition of "earnings" is comprehensive, and, in short, this legislation will make it easier for wives and children to obtain maintenance due to them.

Sir, I beg to move.

Question proposed.

8.36 p.m.

Madam Hoe Puay Choo (Bras Basah): (In Mandarin): Mr Speaker, Sir, we have paid special attention to this Bill before it is passed. We have come across certain women who have complained to us that they have been neglected by their husbands. They want to seek employment, but the present employment problem is very serious. It is very difficult for them to find employment. Even if they can find employment there is nobody to look after their children at home. In view of all these difficulties and inconveniences, we have therefore decided to pass this Maintenance Bill. The passing of this Bill is of great significance. On this point, I give my full support to this Bill.

8.37 p.m.

Madam Sahorah Binte Ahmat (Siglap): (In Malay): Mr Speaker, I wholeheartedly support the Bill moved by the Minister for Labour and Law. We, as the Government, should introduce this Bill because this is one of the methods to protect women and children who have hitherto been victimised by their own husbands and fathers for the simple reason that their parents have neglected them. Although at the moment the Court has power to order the fathers to pay maintenance for their wives and children whom they have deserted, some of them have failed to comply with the orders as instructed by the Court. Therefore, we as the Government have made provision in this Bill so that employers are obliged to deduct the wages of the husbands of these women. Now, the Court will know the wages the husbands are drawing, and not as in the past, where in certain cases false information was given. This serves a good purpose. If this Bill is put into operation, every employer will have to pay the maintenance money due by his employee direct to the wife or the children by way of deduction from his wages. This is good. This will ensure protection and safeguard for the wife and the children. Otherwise, how could the wives look after the welfare of their children? They will be helpless and will not be able to find the means of livelihood to support themselves and their children.

Therefore, I wholeheartedly support this Bill.

8.39 p.m.

Miss Chan Choy Siong (Delta): (In Mandarin): Mr Speaker, Sir, I fully support the Maintenance Bill moved by the Minister for Labour and Law. Concerning this problem of maintenance, we can analyse the present social institution. Men and women should be put on an equal footing both in employment and in life.

We can reflect for a while that in the 140 years of colonialism in this country, women have been oppressed. Therefore, whether in family life or in employment, they have lost their opportunity. When women are oppressed in the family, and forced by their husbands to get a divorce, an order from the Court for maintenance is not in the interest of the women but in the interest of the children. The order for maintenance is made with a view to looking after the interest of the children and not of the women themselves. Their problem is decided by the Court. But we have seen that the husbands who are ordered by the Court to pay maintenance have avoided their responsibilities. We cannot allow this condition to go on. The Government in its Five-Year Plan has stated that it will see to it that women are put on an equal footing with men. But during the transition period, we have to think of ways and means to maintain their legal position. Under the present circumstances, they are victimised by those persons who are avoiding their legal responsibility towards their family. Therefore, I think that the passing of this Bill today is very proper, and will solve the maintenance problem.

Mr Speaker: Mr Byrne, in reply?

Mr Byrne: Mr Speaker, there is no reply.

Question put, and agreed to.

Bill according read a Second time and committed to a Committee of the whole Assembly.

Assembly immediately resolved itself into a Committee on the Bill. -[Mr Byrne].

Bill considered in Committee.

[Mr Speaker in the Chair]

8.42 p.m.

Clauses 1 to 6 inclusive ordered to stand part of the Bill.

Clause 7 -

Mr Byrne: Mr Speaker, Sir, I beg to move,

In page 4, line 24, to leave out "employees" and insert "employers".

This is an obvious mistake, Sir.

Amendment agreed to.

Clause 7, as amended, ordered to stand part of the Bill.

Clauses 8 and 9 ordered to stand part of the Bill.

Clause 10 -

Mr Byrne: Mr Speaker, Sir, I beg to move,

In page 5, line 36, to leave out "following" and insert "falling".

This mistake also is obvious, Sir.

Amendment agreed to.

Clause 10, as amended, ordered to stand part of the Bill.

Clauses 11 and 12 ordered to stand part of the Bill.

Bill reported with amendments; read the Third time and passed.