WOMEN'S CHARTER (AMENDMENT) BILL (As reported from Select Committee)

Order for Third Reading read. 2.02 pm

The Minister for Community Development (Mr Abdullah Tarmugi): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Third time."

Sir, the Select Committee on the Bill received a total of 32 representations by the closing date. The Committee heard eight of these representations. I wish to express my appreciation to those persons who had given their views to the Select Committee. A number of the points raised by the representors dealt with administrative or operational issues, or issues already addressed under the provisions of the Bill. The Committee considered issues on points of law and points of policy raised.

The Committee recommends some amendments to the Bill after studying the written submissions and the oral evidence of the representors. The Committee also considered the views of the Members of Parliament expressed during the debate on the Second Reading of the Bill on 2nd May 1996. The Committee's Report has been circulated to Members of the House. Mr Speaker, Sir, I will now highlight the substantive issues deliberated upon by the Select Committee.

Marriage involving Transsexuals

On the provisions to allow those who have undergone sex-reassignment to marry, one amendment is proposed. Several representors raised the concern that the provision to accept the notation of sex in the identity card issued under the National Registration Act as "conclusive evidence" of a person's sex would be too rigid and problematic. The Committee agrees with this view and recommends that the words "conclusive evidence" be replaced by "prima facie evidence" to address this concern. This amendment is reflected in clause 4 under proposed section 11A(3)(a).

Protection of Family

Sir, two amendments are proposed to the provisions of Part VIA on "Protection of Family".

(a) Referral of victims and children to counselling

There was a suggestion to empower the court to refer not just the perpetrator of family violence to counselling, but also the protected person and their children. The Committee agrees with this proposal and recommends that the Bill be amended to incorporate this provision. The amendment is reflected in clause 11 under section 60B(5)(b).

(b) Applicants for Protection Order on behalf of victims

Several representors suggested that besides the persons stated in section 60B(10), other persons such as officers from Family Service Centres (FSCs) or Non-Governmental Organisations (NGOs) and respected community leaders should be allowed to apply for a protection order on behalf of a victim. Of particular concern is the well-being of an abused child or incapacitated person whose parent or guardian is unwilling to seek protection on his or her behalf. Mr Speaker, Sir, there is indeed merit in expanding the ambit of persons who may act on behalf of the child or such incapacitated person. However, there is also risk of abuse or unsubstantiated frivolous complaints if the coverage is too wide. Hence, the Committee recommends that the amendment seeks to allow only "persons appointed by the Minister" to act on behalf of a child or incapacitated person. The amendment is reflected in clause 11 under section 60B(10).

(c) Definition of "Family Violence"

Sir, several representors suggested expanding the definition of "family violence" to include "sexual act or conduct". They felt that this would give victims of sexual misconduct within the family a recourse for civil remedy instead of a criminal remedy as provided in the Penal Code and the Children and Young Persons (CYP) Act. It was also felt that the expansion of the definition would enable a victim to obtain protection on a balance of probabilities under the Women's Charter.

The Committee notes that sexual misconduct between a married couple is difficult to ascertain. Where there is sexual misconduct between a married couple and if they feel it is worthwhile to keep the marriage intact, the referral of the couple to counselling on a voluntary basis would be a more appropriate measure. Seeking a court order may only precipitate separation and break-up. But the Committee is also of the view that forced sex between estranged couples or between members of the family should be seen in a more serious light and should be dealt with under the provisions of the Penal Code and the CYP Act. However, where the victim prefers to seek a protection order against such misconduct and not seek a criminal remedy, the Committee is of the view that the definition of "family violence" in the Bill, which includes "causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member", is sufficiently wide to accommodate such complaints.

Mr Speaker, Sir, I reiterate that this Government takes the issue of family violence very seriously. The Government also believes that the community and community organisations have a role to play, and together with the Government, the problem of family violence can be better tackled. It is with this belief that the Inter-Ministry Work Group on family violence had worked very closely with the Singapore Council of Women's Organisations (SCWO) and the Society Against Family Violence (SAFV) to come up with recommendations to address the issue of family violence. Such collaborative and concerted efforts between the Government and the community should be encouraged.

Maintenance

(a) Stronger enforcement measures

On the issue of maintenance, several representors called for stronger enforcement measures to address the hardship experienced by many women in collecting maintenance for themselves and their children. The Committee supports the proposal for stronger enforcement measures. The Committee considered the suggestions made and recommends several new provisions to be incorporated. One provision is to clarify that a sentence of imprisonment ordered for non-compliance with a maintenance order will not affect or diminish the obligation of the person to make maintenance payments. Currently, if a man contravenes a maintenance order and if he is sentenced to a jail term, he does not pay the arrears of maintenance. This does not address the financial needs of the wife and children. This new provision will address this concern. However, to ensure that no hardship is imposed on men who may have genuine difficulties, the court should be empowered to reduce the amount of such payments if it deems fit. This is reflected in clause 14 under section 63(1A). In addition, Sir, the Committee recommends new provisions to allow the court to issue attachment of earnings orders when making a maintenance order and to make garnishee orders. These new provisions are reflected in clause 14 under section 63(1)(c) for garnishee and clause 20 under section 74(1) for attachment of earnings orders.

Sir, currently, there is a 3-year bar for recovery of maintenance arrears. There was a suggestion to waive this bar under special circumstances like in situations where a wife may have genuine reasons for not applying for recovery of arrears before the expiration of the three years. The Committee supports this suggestion and recommends provisions in the Bill to allow the court to waive the time bar under special circumstances. These amendments are reflected in clause 30 under section 115(3).

(b) Maintenance for children above 21 years

Several representors recommended that children above 21 years old should be allowed to claim maintenance on their own as well as to impose limits on their eligibility to claim maintenance. Such limitations are to safeguard parents against claims from adult children who are undeserving or are able to maintain themselves. The Committee agrees with both suggestions and recommends that the Bill be amended to allow a child above the age of 21 years to claim maintenance from his parent on his own, and to spell out the circumstances under which an adult child can claim maintenance. The amendments are reflected in clause 12 under section 61A(3)(b) and (5).

(c) Maintenance for children below 21 years

Some representors were of the view that a sibling who is above 21 years old and other adults should be allowed to claim maintenance on behalf of a child who is below 21 years old. This is to address concerns that a young child may not have someone to act on his behalf if, for example, the other parent or guardian is unwilling or unable to do so. The Committee supports the suggestion and recommends that the Bill be amended to allow an adult sibling or a person appointed by the Minister to make a claim on behalf of a child who is below 21 years of age. The amendments are reflected in clause 12 under section 61A(3)(c) and (3)(d).

(d) Circumstances for maintenance

Sir, the Committee also recommends that amendments be made:

(i) to allow the court to take into consideration the conduct of both parties to a marriage when making a maintenance order; and

(ii) to provide for maintenance of a wife to cease upon the wife's remarriage. The proposed provision to allow the court to take the conduct of both parties to a marriage into consideration is consistent with section 108 which deals with maintenance during matrimonial proceedings or subsequent to a grant of a decree of divorce, judicial separation or nullity of marriage. The provision that maintenance should cease upon a wife's remarriage is a logical and fair provision. These amendments are reflected in clause 12 under section 61A(4)(h) and clause 29 under section 111.

(e) Maintenance for husbands

Dr Kanwaljit Soin had proposed during the Second Reading of the Bill that partial rights under special circumstances, if not full rights, be extended to husbands to claim maintenance from their wives. Sir, differing views were received from representors on this by the Select Committee. Those who supported this proposal argued that an increasing number of women are better educated and earning just as much if not more than their husbands. Those who supported partial rights suggested that such rights be extended to a man when he is disabled or has custody of the children and needs to take up a part-time job. Those who objected to the extension of maintenance to husbands argued that the reality of the situation is that the majority of women still earn lower salaries than their husbands. In most cases, the burden of caring for children, the house and the spouse still falls largely on women. These representors were of the view that as disparity still exists between men and women, it would be untimely to consider such a proposal at this juncture.

The Committee notes that women have advanced over the years. However, the Committee also notes that there is still some disparity, though a decreasing one, between most men and women. As such, the Committee agrees that it may not be timely to introduce such a provision now.

Mr Speaker, Sir, the Committee also notes that there are existing provisions in the Women's Charter under which a mother can be required by the court to maintain her child. A mother is therefore not absolved from maintaining her children if she is in a position to do so. The Committee thus recommends that the existing provision for only men to maintain their wives and children be retained.

Division of Matrimonial Assets

Sir, a suggestion was made during the Second Reading of the Bill for the principle of equality to be reinstated in the division of matrimonial assets. The concerns of a few representors were that:

(i) the spouses who did not contribute financially to the assets would be placed at a disadvantage with the removal of the phrase "inclination towards equality" since their non-financial contributions to the marriage might not be deemed as important; and

(ii) the removal of the phrase would signal to the courts that they need not incline towards equality when deciding on the division of assets.

Sir, the Committee recommends the retention of the provisions in the Bill relating to "Division of Matrimonial Assets", after taking into consideration the comments of the representors as well as the Members in the House. The Committee is of the view that any law that has to be enforced effectively must be devoid of inherent inconsistency. The proposed provisions in the Bill allow the court to divide the matrimonial assets in a just and equitable manner after taking into consideration all circumstances of the case, including a homemaker's contributions. The Bill has also enlarged and clarified the circumstances which the court should take into consideration. As such, it would seem inappropriate that the court would still be required to incline towards equality.

Sir, the law must provide for all cases, ie, marriages of long as well as of short duration, and marriages under unusual sets of circumstances. For example, where a marriage is of short duration with no children, the law must not put judges under constraint to incline towards equality when what is equal may not be just. The Committee is of the view that the provisions of the Bill are fair. Indeed, it is a better formulation than the current one.

On the concern that existing case law would be disregarded with the new provisions, the Committee is of the view that it is not the intention for the body of case law built up over the years to be cast aside, but that it should continue to serve as a guide to judges in their decisions. Sir, we should not, in our quest for equality between the sexes, compromise on what is just and equitable.

Harmonious Resolution for Family Disputes

Sir, a number of representors suggested a provision to be included to reinforce the principle of harmonious resolution for settling family disputes and to allow for the referral of disputing parties to reconciliation, mediation or counselling, as well as children of the parties to counselling, if necessary. I am heartened, Sir, that there is the desire that we must do what we can, and exhaust all means available in the community to help save a family from breaking up. The Committee shares this spirit of harmonious resolution and has recommended amendments to the Bill to empower the court to refer parties to attend reconciliation, mediation or counselling sessions, where necessary. The provisions are reflected in clause 10 under new sections 47A and 47B.

In conclusion, Sir, three broad concepts underlie the proposed amendments to the Women's Charter. The first concept is the relatively straightforward one of making technical improvements to the Charter, so that it becomes more consistent, more coherent. The second is the emphasis on harmonious resolution and healing in the aftermath of family discord. To this end, a number of the proposed amendments empower the court to refer the parties for reconciliation, mediation or counselling. At least, the courts now have the ability to gently guide them back on the path of recovery if there is hope. And where there is no hope or where the parties have completely given up, the third concept comes in, ie, to seek to alleviate the hardship experienced by all sides to the conflict. For example, the proposed amendments towards a stricter and fairer outcome on issues relating to maintenance and division of matrimonial assets provide for more avenues for the distressed party to seek assistance.

Sir, the law alone cannot prevent family disputes from arising. It takes the concerted effort of community groups, individuals, the Government and, in particular, individual members in the family to ensure the well-being of the family and its members. The law, especially the Women's Charter, can only help regulate wisely and justly the multi-faceted nature of our relationships within the family.

Sir, I beg to move.

Question proposed.

Mrs Yu-Foo Yee Shoon (Yuhua): Mr Speaker, Sir, I am very happy that the deliberations of the Select Committee have led to further improvements to the Bill. I believe that from the lengthy discussions we have had over the provisions of the Bill, we have also gained greater understanding and appreciation of important issues concerning women and families in our society. I would like to highlight improvements in three areas in particular that address concerns that I and others have raised.

First, I would like to touch on the area of maintenance. I am pleased that the Bill has been amended to provide more teeth to the enforcement of maintenance orders. There are now new provisions which will allow the court to issue an attachment of earnings order at any time, and not only when the husband has breached the maintenance order. In addition, the court can now also make a garnishee order.

These two new measures will address the hardships faced by many women whose husbands deliberately fail to pay up promptly or who refuse to pay. The court can now give an attachment order at once, rather than only when the husband eventually does not pay and the wife has lodged a complaint. This will save the wife from unnecessary costs, time and headache. The garnishee order, which is practised in some countries, will provide another more effective way of collecting maintenance from husbands who claim they have no regular earnings and have accumulated arrears.

A further improvement is the provision which makes it necessary for the husband to continue to pay arrears of maintenance to his wife, even when he is imprisoned, although the court has the discretion to order a lower maintenance payment. This is a point which was unclear under the old law.

Yet another welcome amendment is the provision to enable a child above 21 years to apply for maintenance for himself, as well as to apply on behalf of a sibling below 21 years if his mother or guardian is unable or refuses to apply for them. This is a logical development, in view of the decision to expand the scope for payment of maintenance to children above 21 years.

In addition, I am happy to note that a pro-active provision has also been introduced to enable persons appointed by the Minister, possibly social workers and community leaders, to apply on behalf of a child who has no one else to apply on his behalf. I have spoken on this point many times, and I feel that community leaders are in touch with the ground and it would be easier for families in distress to approach them for assistance compared to a Government servant.

Another area I would like to mention is on matrimonial assets. On matrimonial assets, the new provisions have adopted a broader approach on this issue. The new provisions allow the court to divide the assets in such proportions as the court thinks just and equitable.

In deciding what is just and equitable, the new section 106(1) requires the court to take into consideration not only the financial contributions of the parties but also their contributions towards the welfare of the family, particularly contributions in looking after members of the family, the aged or infirm relatives of either the husband or the wife. In this respect, as women are usually the main care-givers in the family, they would benefit from the new amendment as their non-financial contribution would now be given greater weightage. Taking these factors into consideration, the court can award more than half to the wife in cases where, based on her total contributions to the marriage, the court is of the view that the wife deserves more. Can the Minister confirm my understanding of this section?

On protection of the family, the new provision of the Women's Charter has strengthened and enhanced protection for the family and is thus a most welcome amendment. Under this new Bill, protection is expanded to cover not only the spouses and children but also parents, siblings and even any handicapped family member.

At the same time, the new amendments have also widened the definition of "violence" to include psychological hurt, and has increased protection for the victims. It will be much easier for women to apply for Personal Protection Orders, and they could also have a warrant of arrest attached to the PPO if there is immediate danger of violence being committed against them. In more serious cases of violence occurring within the family, there is the Penal Code which extends added protection to the family members.

Mr Speaker, Sir, through these deliberations over the Women's Charter (Amendment) Bill, we have all become more aware of the problems faced by some families in Singapore who are at greater risk because of domestic problems. We have also become more aware of the need for individual and collective efforts in helping these families. At the same time, we must continue to strengthen family relationships, which is a more effective long-term strategy in preserving families and dealing with broken families.

Strengthening our existing laws is an essential step to address the problems arising from family breakdowns. But the law is only one aspect of what I have suggested should be a multi-pronged approach. I would like to restate the five actions that should be taken together.

First, strengthen existing laws. The Women's Charter (Amendment) Bill is a balanced piece of legislation and will enhance protection for women and family members.

Second, streamline administrative procedures for the Police.

Third, provide training to qualified counsellors and train the Police on how to handle family disputes.

Fourth, provide community support for families with such problems through the Ministry of Community Development, voluntary organisations and grassroots organisations.

Fifth, and most importantly, inculcate the right family values through homes, schools and public educational programmes.

I would like, once again, to call on the Minister to strengthen the administration and resources of the Ministry of Community Development to help voluntary groups and others in the community to be more visible and pro-active in protecting and promoting a healthy family life.

The status of women and family relations are dynamic, especially in our modern and rapidly changing society today. We must periodically review together the relevance of our laws and practices, as we have done in amending the Women's Charter with this Bill. I believe that our consensus in support of the amendments and the spirit of our deliberations show our commitment to achieving a shared vision for a better quality of life for all Singaporeans, regardless of men and women.

Mr Speaker: Order. I suspend the Sitting and will take the Chair again at 3.00 pm.

Sitting accordingly suspended at 2.31 until 3.00 pm. Sitting resumed at 3.00 pm