Hansard, Tuesday, 1 August 2017

Order. Before we move to the first item of business, I would like to inform hon Members that wi-fi has been enabled in the Chamber for Members' use. This is an extension of the wi-fi facility that Members have been using in other parts of the House since 2008. Members have given feedback on the usefulness of extending the convenience of wi-fi into the Chamber to enable speedier access to parliamentary materials in the Chamber. I hope this move will allow Members to work digitally, seamlessly and make greater use of electronic devices for parliamentary work.

Members will be given technical guidance to access the wi-fi soon.

I would like to impress upon Members of the need, at all times, to maintain courtesy and respect for other Members and for the parliamentary proceedings at hand. Members are, therefore, reminded to use their electronic devices discreetly and without impairing the decorum of the Chamber.

Order. Questions for Oral Answer.

1 Mr Christopher de Souza asked the Minister for Defence how is the SAF adding anti-terror operations to their priority, in addition to securing Singapore's sovereignty.

Mdm Speaker, the terrorism threat to Singapore remains the highest in recent times. While we do not have any specific intelligence on any impending plot targeted at Singapore, the number of Islamic State of Iraq and Syria (ISIS)-related attacks in surrounding ASEAN countries and other regions since 2013 has increased three-fold in the last four years. Both Al-Qaeda and ISIS-related terrorists have identified Singapore as a target, along with Malaysia and Indonesia.

The ongoing Marawi crisis in southern Philippines indicates that extremist terrorism is now endemic in this region and it may take many years before that security problem is rooted out. Foreign fighters from countries like Saudi Arabia, Yemen and Chechnya were reported to be fighting in Marawi and more are expected to join them, including returning fighters from this region who are now in Iraq and Syria. Their stated goal is to establish a wilayat, or a province of the caliphate, supported by global terrorist financing and networks. Stashes of weapons, ammunition and large amounts of cash amounting to millions of dollars have reportedly been discovered during raids of terrorist camps in Marawi. If these terrorist cells are entrenched deeper in Mindanao or any part of ASEAN, they will launch attacks against our people in Singapore and other cities in the region. We must do all we can to prevent this from happening, to keep Singaporeans safe.

MINDEF and the Singapore Armed Forces (SAF) take this extremist threat to Singapore and Singaporeans very seriously and we have been making changes to deal with it decisively at various levels. Let me elaborate.

First, to counter the terrorism threat at its source. This requires an international effort and the SAF has been part of the coalition against jihadi terrorism. The SAF was in Afghanistan from 2007 to 2013 against Al-Qaeda, our longest overseas deployment to date, with close to 500 personnel deployed. Since 2015, the SAF has also deployed units as part of the multinational coalition efforts against ISIS. These deployments included Intelligence Fusion Officers, Imagery Analysts and air-to-air refuelling tanker aircraft to various parts of the Middle East. Right now, we have an SAF medical team in Iraq as an ongoing part of this effort.

Second, we need to deal with geographically proximate threats in our region. If we wait till the problem comes onto our shores, for terrorists to attack us here before we respond, it will be too little, too late. For this reason, Singapore encouraged strongly the three littoral states − Malaysia, Indonesia and the Philippines − to initiate the Trilateral Maritime Patrol in the Sulu Seas and offered the help of the Republic of Singapore Navy's Information Fusion Centre to facilitate information-sharing. The SAF stands ready to assist in these patrols when invited.

I visited the Philippines two weeks ago, where I thanked Philippine Secretary of National Defense Delfin Lorenzana and the Armed Forces of the Philippines (AFP) for their decisive action in Mindanao and Marawi City. We discussed ways in which the SAF could help the AFP concretely and Secretary Lorenzana has accepted in principle our offers of: one, humanitarian supplies for the evacuees from Marawi, this will be flown in via the Republic of Singapore Air Force's C-130 transport aircraft; two, the use of the SAF's urban training villages for AFP troops to be trained in counter-terror; and three, a detachment of Unmanned Aerial Vehicles to enhance the AFP's intelligence, surveillance and reconnaissance capabilities. MINDEF has been informed that President Duterte has accepted in principle Singapore's offer of assistance. Details of the implementation are now being worked out.

Third, we must strengthen our defences at home, not only to respond to terrorist attacks but to prevent radicalisation of our own people and deal with the social consequences in the aftermath of attacks. After 9/11, the SAF reorganised its capabilities. We set up four task forces dedicated to homeland security − the Special Operations Task Force, the Maritime Security Task Force (MSTF), the Air Defence Task Force (ADTF) and the Island Defence Task Force. Our sailors, soldiers and airmen in these task forces conduct 24/7 operations to keep our air, land and seas secure. In recent years, in responding to the evolving threat from ISIS-related terrorists, further changes have been made to equip and train many more SAF personnel to deal with these threats effectively.

The Island Defence Training Institute (IDTI) was opened yesterday by Second Minister for Defence Ong Ye Kung. And the IDTI will prepare active and National Service (NS) units to undertake Homeland Defence and Security Operations. It will equip soldiers with the necessary competencies to be deployed alongside their counterparts from MHA. From July this year, the IDTI will train approximately 18,000 soldiers from active and NS units yearly in homeland security operations. Soldiers will go through video simulation training to hone their thinking processes and application of Rules of Engagement, which include scenarios, such as coastal patrols, security checkpoints and the like.

Beyond these organisational changes, the SAF has also systematically updated its tactics, techniques and procedures for counter-terrorism operations. We are now purchasing more new equipment that will provide SAF forces better mobility, more accurate situational assessments and precise capabilities to neutralise terrorists in urban settings when they strike there. Our soldiers will use more unmanned systems to improve surveillance and responses.

SAF will also enhance our air and sea defences. The ADTF stays sharp with regular Exercise Vigilance exercises and drills. The Singapore Navy's MSTF will lead Exercise Highcrest in October this year, with the participation of whole-of-Government agencies.

SAF and the Home Team are working well together and closer to deal with the terrorism threat. We have instituted a regular exercise framework to test and validate our joint operations. One example is the joint counter-terrorism exercise which aims to validate joint counter-terrorism plans in October last year.

Lastly, the Defence Technology Community has set up a dedicated Counter-Terrorism office in the Defence Science and Technology Agency (DSTA) in October last year. That effort is already bearing fruit. Joint operations between the SAF and the Home Team are now enabled by a common Command and Control Information System, which provides situational awareness and interoperability. Engineers from DSTA and DSO National Laboratories are using data analytics technologies to pick up specific threats and provide early warning.

I thank the Minister for his comprehensive reply. Will there be more joint exercises between the Home Team and SAF to help ensure that both forces synergise their efforts and arsenal against the threat of terrorism? Will there be a joint response from both forces should a terrorist threat, unfortunately, vest on our shores?

Mdm Speaker, the Member has pointed out a key challenge for security agencies across the world in dealing with counter-terrorism. Traditionally, I think, neither the home teams of countries nor the SAF, or rather the military in that sense, were geared up to deal with terrorism on this scale. And we have seen it in various scenarios: whether it is a truck that mows down innocent pedestrians; whether it is at the airport; whether it is in crowded places, we are not structured that way. And when you have multiple attacks, as occurred in France, you find security agencies having to mobilise beyond what the first line of defenders have to do, when their needs or demands are overwhelmed.

So, that is, indeed, a clear recognition that you have to prepare for these scenarios. It could be very small, it could be much larger. And across that spectrum, how do you scale up, scale down? How do you respond effectively, how do you coordinate effectively? You cannot do it by chance. You cannot wait and say, "Well, let something happen then we learn."

The closest we can get is through, exactly as the Member says, different exercise scenarios. But even before that, we need to coordinate planning considerations. How do you plan together? How do you have a common understanding between the Home Team and the SAF, recognising that the Home Team are the first responders because they are in society and that has been their role? But how do you make sure that while they are responding, the SAF also is keenly aware of what happens to them? That is why I talked about a joint system now, a Command and Control Information System, which both the Home Team and the SAF now use, which was developed by DSTA so that you share the same picture and that makes a lot of difference, as well as having an understanding of when you can divide out responsibilities, when you can actually come together.

So, I would say that there is a clear recognition that we need to exercise more often together and, indeed, we have. I mentioned the joint counter-terrorism exercise. I talked about also an exercise in the maritime domain with different agencies. So, we are aware of this need to coordinate and integrate our responses, not only of our security agencies, but of our community groups. Because, as I have said, while our security teams and security agencies can exercise, what we need to pay attention to is the aftermath of attacks. And, Madam, I think that is a whole-of-society response.

Can the Minister share − apart from Singapore – which countries have contributed resources to the military effort in the Philippines against ISIS elements? Is Singapore's contribution part of a multinational effort?

Let me answer the second question first. So far, the contributions to the Philippines do not lend themselves to that sense of a multinational effort because there is no central or prime mover for that. It very much depends on what the AFP says it needs and the relationships that the Philippines have with other militaries and other countries.

From what we know, a number of countries have been reported to be helping the Philippines, such as the United States. The Chinese have also contributed. If you consider the Trilateral Maritime Patrol in the Sulu Seas, which the Philippines does with Malaysia and Indonesia, then Malaysia and Indonesia. Members may have read that Malaysia also mobilised a humanitarian plane, under the auspices of AHA, which is the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management. And that is from our reports.

We have good relations with the AFP and there is good personal contact between myself and Secretary Lorenzana. And we thought that it was right for Singapore to assist because, if this problem becomes entrenched and it gets worse, cities in ASEAN will bear the brunt and will be subject to attacks if these terrorist cells become entrenched there.

Madam, We have a very successful SAF and defence force. Practically in every household, you will find a National Serviceman. How could the Government leverage on this advantage that we have to work with the community to form a strong defence against terrorism?

Mdm Speaker, let me thank the Member for that question. It is an important one. I think there are clear roles that security agencies should do because that is the primary responsibility and we have to have community groups.

Let me deal with the first. As members of the security forces, I think the public rightly expects the Home Team, the SAF − whether they are National Servicemen or Regulars − to be able to protect Singaporeans. But we have to train them. You cannot just say, "Well, go and protect Singaporeans." And that was the essence of launching the IDTI. I mentioned this institute and you may have seen footages yesterday in the news. It is not easy to tell someone with arms and, sometimes, you are worried that, "If you think this person is going to harm somebody else, if he is a terrorist, neutralise him." Because you can make the wrong judgement. In a tensed situation, the outcome can become very negative. You have to put them through training. The better trained they are, the better they are equipped, the more confident they are.

So, in the IDTI, we are training 18,000 National Servicemen every year to do the rudiments. You have basically video simulation screens which are life-size and moving targets − which means people, some are "hostages" and you also have "terrorists". And if they make the wrong decision, in an instant, they will know it. You have to get them used to that. We have various simulations on how to do a proper search, which, traditionally, they were not trained for because the Home Team is better at it. And we recognise that.

But in the event that you have multiple attacks and you need the resources of the SAF, then at least, at the very least, you have them trained at the basic level. I do not think they can be as proficient as the average policeman because that is not what they do every day but, at least you have that. And also, in the change of our assets, how we are equipping for that, we have mentioned that.

But at the community level, Mr Gan's question is: how do you ensure that we can protect at the precinct level? And I think that is not only for NSmen who are from the SAF, Home Team or SCDF which they have some level of training. I think that is where many of our community exercises are now dealing with it − emergency preparedness, where you bring in communities and you have to respond. Because the problem with small group and lone wolf attacks is the rapidity of these attacks. And you have to deal with the situation before formal security agencies can mobilise.

I think there is great scope and need for our community agencies to come together. I know that many Members, including myself, have been doing this − bringing community leaders and saying, "When we have an attack, can I depend on you for these resources? Can I depend on you for this? Can I depend on you to calm the community down, to speak to the community?" And I think we need to continually do that.

2 Miss Cheng Li Hui asked the Minister for Transport with regard to the collapse of the viaduct near the PIE exit to TPE (a) what is the cause of the collapse; (b) how does LTA assess and grade the contractors in the tender process, especially for companies with serious workplace safety lapses; and (c) what measures will be implemented to enhance workplace safety.

3 Mr Seah Kian Peng asked the Minister for Transport whether past safety records of construction firms is a consideration in awarding bids for Government construction projects.

4 Dr Tan Wu Meng asked the Minister for Transport (a) what caused the collapse of the viaduct under construction in Upper Changi Road East; (b) whether there have been previous sentinel events detected which could have raised concerns sooner; and (c) to what extent will prior serious workplace safety lapses affect a contractor's grading in the LTA tender process.

5 Dr Tan Wu Meng asked the Minister for Transport in the past three years (a) how many tender submissions have been received by LTA from contractors with prior serious workplace safety lapses; (b) how many have been successful in their bids and how many have been the lowest bid, respectively; and (c) of the successful lowest bids from these contractors, what has been the median proportionate difference in the bid amount compared to the second lowest bid.

6 Mr Ang Wei Neng asked the Minister for Transport (a) whether the contract for the collapsed viaduct near PIE was awarded to the lowest bidder who participated in the tender as the main contractor; (b) how are safety records of tenderers taken into consideration when evaluating tenders for the construction of transport infrastructure; and (c) in the last five years, how many contracts involving the construction of transport infrastructure have exceeded the planned construction period by three months or more.

7 Mr Desmond Choo asked the Minister for Transport with regard to the collapse of an uncompleted viaduct on 14 July 2017 (a) whether any extra checks are put in place when a construction company is blacklisted for a past incident while it is fulfilling a current contract for a public project; and (b) how does the Ministry seek to prevent future instances from happening.

8 Assoc Prof Daniel Goh Pei Siong asked the Minister for Transport (a) what is the weight given to workplace safety track record relative to bid price and other factors in the awarding of tenders to companies for the construction of the transport infrastructure; and (b) how was the workplace safety track record of the companies that took part in the tender for the construction of the PIE-TPE viaduct that collapsed evaluated relative to their bid prices.

Mdm Speaker, may I have your permission to take Question Nos 2 to 8 together?

Yes, please.

Mdm Speaker, I am deeply saddened by the loss of life and injuries in the collapse of the viaduct. I would like to extend my deepest condolences to the family of Mr Chen Yinchuan, the worker who passed away, and pray for the recovery of the four workers still receiving treatment in the hospital.

LTA is working with MOM and BCA to investigate the cause of the collapse. Preliminary investigations suggest that the corbels, or fork-like structures, supporting the deck slab gave way. However, we will have to wait till the investigations are completed to understand why they gave way.

Members have asked about LTA's procurement process for construction projects. LTA adheres to the guidelines issued by BCA, which consider both the price and quality of bids. BCA's guidelines for the price-quality ratio range from 60:40 for more complex projects, to 80:20 for simpler ones. For the construction of this viaduct, LTA adopted a ratio of 70:30, commonly used for projects of this complexity.

As part of the overall quality score, LTA assesses the safety practices of the bidders, based on their past safety records, such as their demerit points from MOM, the safety performance of their ongoing projects and the robustness of their safety management systems.

Tenderers who have had workplace safety lapses in the past would receive lower quality scores. If a bidder does not meet minimum overall quality requirements, his price envelope will not even be opened, and his bid will be disqualified. Two years ago, LTA further tightened the evaluation process, so that poor safety performance alone can lead to disqualification. Since then, 16 bids from 10 contractors have been disqualified for this reason.

Over the past three years, LTA has called a total of 175 tenders for construction works, which received over 1,100 submissions. Out of these submissions, 69 were from contractors who had serious workplace safety lapses. Of these 69, only two bids were successful. Both these bidders had submitted the lowest price bid and received the highest overall price-quality score. For these two cases, the winning price bids were 27% and 6% lower than the second lowest bids.

As for Mr Ang Wei Neng's query on project delays, out of 67 major rail and road projects that LTA has completed in the past five years, only seven exceeded the project timelines by more than three months.

In this particular case, the main contractor, Or Kim Peow Pte Ltd (OKP) had a fatal workplace incident at Yio Chu Kang Flyover in 2015. MOM's investigations were still ongoing at the time LTA was evaluating OKP's bid for the construction of this viaduct in question and, hence, LTA did not disqualify OKP outright. Nevertheless, LTA gave OKP a low safety performance score in the evaluation of its bid. On the other hand, OKP offered the lowest tender price and also had a good track record in completing many similar infrastructural projects over the past 10 years. Overall, it obtained the highest score and was awarded the project.

Following the incident, LTA conducted a half-day safety timeout for all ongoing road and rail construction projects to review on-site safety practices and measures. MOM inspected all active OKP worksites and other projects with ongoing viaduct works, and will step up inspection of other worksites performing formwork and concreting works. We will undertake all possible measures to prevent similar accidents.

I thank the Senior Minister of State for the reply. I have a few questions for him. It pertains to how the contract was awarded to OKP for the tender. While I recognise that the outcome of the earlier incident was not finalised, the fact is that there was a fatality in the Yio Chu Kang Flyover project and there were three injuries as well. So, my question is − notwithstanding the two-envelope system, notwithstanding that the outcome of the earlier incident was not finalised − I contend and I want the Ministry's view on this, on whether this has to be taken into account, regardless of whether the report is still outstanding.

The fact also is that the winning bid and the next winning bid were a massive 34% apart. I think these are alarm bells. I know we are always smarter with hindsight, but I think these are serious lessons, and serious enough that, going forward, the lessons should be put into practice. It should be documented and it should be instituted, so that future tenders on this two-envelope system adhere to the principle and intention of why we have a two-envelope system.

I would like to thank Mr Seah for the supplementary questions. Let me explain why OKP was actually given the contract, in spite of the Yio Chu Kang Flyover accident. OKP was awarded the contract after emerging with the highest price-quality score amongst the four tenderers. The tender submissions were evaluated objectively and fairly, based on the price-quality weightages and tender specifications made known to all the tenderers.

While I understand that there are concerns with regard to the safety records of companies who are tendering for such projects, and although OKP has one fatality and some injuries at the Yio Chu Kang Flyover in September 2015, at the point in time when the tender was evaluated, like I mentioned in my reply, investigations were still ongoing. We did not really know what the exact cause was and what OKP's liabilities were. This was, in fact, taken into consideration when we evaluated the tender, and, as a result, OKP scored the lowest for quality, which includes safety performance, in the tender submission.

However, we do look at other factors. OKP had a good track record over the past 10 years for completing many similar projects and, prior to the Yio Chu Kang Flyover accident, OKP had achieved an accident-free record of more than 25,000 man-hours. Following the fatal accident at the Yio Chu Kang Flyover, OKP had also improved their safety standards with visible improvements. Since 2015, OKP did not have any work-site accidents, MOM fines or demerit points until the collapse of the current PIE-TPE viaduct.

We hear the Member's concern. We do take into consideration the safety records and safety performances of companies when they bid for projects.

I thank the Senior Minister of State. I have some questions. For design-and-build tenders, I know a good track record is important, but how do we evaluate the technical competency of the project site team and the contractors, such as the one involved in the erection of the working platform and temporary works?

There were also reports of 11 cracks that were discovered after the incident. Can the Senior Minister of State share the investigations that are still ongoing?

The third question is whether there is a process in place to brief the site team for the temporary work, such as the loading, the PE design and the risk assessment for it.

I would like to thank the Member for her supplementary questions. First, allow me to run through with Members our tender evaluation framework with regard to price, as well as the quality.

As I have mentioned in my reply, all public agencies adhere to the price-quality method (PQM) published by BCA, which evaluates both the price as well as the quality attributes for all tenderers. For build-only projects, agencies generally adopt a price-quality weightage of 80:20. In this case, which is a design-and-build project, agencies can consider price-quality ratios between 60:40 and 70:30, depending on the complexity. In this case, for the TPE-PIE project, a 70:30 ratio was considered, similar to other projects of similar complexity and nature.

BCA guidelines make it mandatory for safety performance to make up at least 15% of the quality score. However, LTA, in its internal guidelines, assigned 25%, so they are actually more stringent than BCA. So, 25% of the quality score must be attributed to safety performance.

In addition, LTA evaluates four sub-components for safety performance, namely, the safety records of the past two years, the robustness of the safety management systems, the safety and health performance in ongoing LTA projects and whether the company had won any safety awards.

Other components of the quality evaluation include project-specific proposals which actually form the bulk of the evaluation − project performance, dispute resolution approach and favourable adjudication result.

In this case, LTA had done the due diligence in ensuring that the award had been given to the tenderer who actually performed best in the PQM.

As to the Member's question on the reasons and the cause of the accident, the investigation is ongoing; it is still premature to judge what is the exact cause. I think it is unfair to make any judgement at this point in time. Suffice to say that based on our preliminary investigation, it is the design of the corbels that could have resulted in the accident. LTA, together with BCA and MOM, has already done whatever possible to put proppings around the structure to ensure that the existing structure remains safe for any ongoing investigation and works.

I thank the Senior Minister of State for his answer and I would like to raise a few supplementary questions.

Firstly, the Senior Minister of State mentioned that of the approximately 69 bid submissions over the past three years from contractors with a history of serious safety lapses, he mentioned two were successful. Would the Senior Minister of State happen to have information on whether of these two successful bids from such contractors with such a safety lapse history, were there any subsequent serious safety lapses on these projects after the contractor won the bid in these two cases?

My second supplementary question is: in the event of a serious safety lapse, such as a fatality, to what extent would that shift the quality assessment of the contractor's subsequent bids? The background to this, Mdm Speaker, is I am wondering whether there is a risk that some contractors may already be pricing in the impact of safety compliance and whether this may shape contractor behaviour.

I would like to thank Dr Tan Wu Meng for the two supplementary questions. On the first, where two bidders were eventually successful out of the 69 bidders who had a serious safety lapse, I do not have the details of the kind of projects and works that they have been involved in. I will be able to provide the information separately to him.

As to the impact of safety records on quality performance, yes, I have indicated in my previous reply that safety forms a significant proportion of the quality score. In the case of LTA projects, it forms about 25%. While safety lapses may have happened, we also need to be cognisant of the fact that we need to go into the details of the accident − what caused the accident − before deciding on the score under the quality framework. At the end of the day, we need to look into all different factors and considerations and apply the PQM in determining who the eventual winner of the bid will be.

I thank the Senior Minister of State. I was just wondering whether there is a vicious cycle that is going on here in the sense that contractors, knowing that they will be scoring low for quality due to poor safety record, will be lowering their price bid in the next contract to an unrealistic level and, therefore, risking further safety lapses; and whether, therefore, a review of the PQM framework is on the cards after this accident.

I would like to thank the Member for the question. LTA does not bar contractors which have safety lapses or are blacklisted by MOM from participating in the tenders. In fact, their quality envelopes will still be opened and assessed objectively. Any safety lapses will then be penalised under the safety component accordingly. However, those with very low-quality scores may be disqualified and their price envelopes left unopened. In fact, from 15 July 2015 onwards, LTA has put in place a new policy where the LTA Board can veto bidders on the basis of very poor safety performance alone. For such cases, the price envelopes will be returned unopened. Since then, I would like to inform the Member that LTA Board has vetoed 16 bids from 10 companies for this very reason.

Mdm Speaker, it is important for LTA to have a thorough investigation, so that the root cause of the collapse can be identified and measures taken. On the other hand, I also hope that LTA will not overdo it and have knee-jerk reaction. I have two supplementary questions.

Since the Stop Work Order is already issued, how much of a delay will this cause to the project?

The second question is, will the Ministry work with MOM to let the contractor resume work at other areas except the viaduct construction, because the project is a big project and now the Stop Work Order is for the whole project?

I would like to thank the Member for the comment as well as the two supplementary questions.

LTA is working with MOM as well as BCA to investigate the cause of the collapse. I would like to urge all Members to be patient, not to speculate what the cause is and let the investigation take its due course. Of course, the delay of the project after the issuance of the Stop Work Order will depend on the investigation process and the cause of the accident. Once that has been determined, all necessary precautions, as well as, if there is a need in re-qualifying the design and so on, will be taken into consideration before work can resume.

Miss Cheryl Chan, please keep your supplementary question short.

Thank you, Mdm Speaker. I have two supplementary questions for the Senior Minister of State.

We know that in the construction industry, it is typical for these main contractors to have multiple subsidiary companies. So, how are these taken into account, especially if the subsidiary companies had previous safety lapses, in the overall assessment if the award is being tendered by another company within this whole holdings?

The second question is, because of this complexity or the scale of the project, it is typical to have multiple sub-contractors. How does the main contractor ensure that the sub-contractors actively take measures against all these safety lapses?

I would like to thank Miss Cheryl Chan for the supplementary questions. For all projects, ultimately, the main contractor will be held responsible for any safety lapses that may occur as a result of the work that has been sublet to other smaller subcontractors.

Thank you, Mdm Speaker. I would like to ask the Senior Minister of State two supplementary questions.

One, what measures will be taken to ensure that the project will continue as smoothly and as safely as possible?

The second supplementary question is: is the Senior Minister of State able to give an estimated timeline of when the investigation will be completed and will the report be made public?

I thank the Member for the questions. The investigation is likely to be completed sometime in October. Once the investigation has been completed, we will make public the report as soon as possible.

With regard to how soon we can resume work, we will resume as soon as possible, without compromising safety.

Mr Seah Kian Peng.

A supplementary question for the Senior Minister of State. The Senior Minister of State mentioned that prior to the award of the tender to OKP, they had a good 10-year track record. The most recent one, unfortunately, the findings were not complete and, therefore, it was not quite taken into account. My question to him is, while it is important to look into the 10-year track record, more weightage should be given to the recency effect, the most recent incident.

I asked this earlier, he did not quite nail it down, I want to ask again. Would such things be instituted in future tender awards? This PQM really needs to be reviewed, taking into account that notwithstanding that most recent incidents have not been finalised, it must be taken as a factor, to be seriously deliberated and considered. I hope this will be factored in, going forward.

I thank Mr Seah for the suggestion and I agree that some of these factors are important to be considered in the evaluation of the bid. Indeed, the PQM guidelines have been dictated by BCA. LTA does review the guidelines and make necessary changes and amendments according to its needs. If we do need to make any significant changes, we will need to get the approval from BCA as well. I thank Mr Seah for those comments and we will take them seriously.

9 Mr Desmond Choo asked the Minister for Manpower in view of the recent construction mishap at the TPE-PIE viaduct (a) whether the Ministry will review the current blacklisting framework; (b) how can the Ministry work with BCA to debar blacklisted companies from working on projects rather than just bar them from hiring new workers or renew existing ones; and (c) whether companies need to prove that they have taken remedial steps, including improving worker safety training, before having the blacklist status removed.

Mdm Speaker, MOM has the Demerit Point System and Business Under Surveillance (BUS) programme to deter construction companies from unsafe work practices and also to compel poor performers to improve. These two frameworks are reviewed regularly to maintain their effectiveness.

We issue demerit points to companies that are fined, issued with a Stop Work Order or prosecuted in Courts for safety offences. The Demerit Point System was amended in 2015 following consultation with the industry and tripartite partners.

There were two significant changes under this 2015 amendment. First, the demerit points will last for 18 months, up from 12 months previously. Second, companies that accumulate 25 demerit points are "blacklisted" by being barred from hiring foreign workers. In the past, they could continue to hire foreign workers but at a higher levy. Since the review in 2015, MOM has issued about 2,400 demerit points to 223 companies. Twenty-five of these companies were debarred from hiring foreign workers.

Companies with poor safety management will be put under the BUS programme. Once under the BUS programme, companies will have their bizSAFE certification revoked and be closely supervised by MOM to rectify all identified safety lapses. BUS was enhanced in 2016 to have broader entry criteria. Previously, a company needed to have systemic safety infringements to be put under BUS, even if they had a fatal accident. Since May 2016, any company with a Stop Work Order or any fatality is placed under the BUS programme immediately.

To exit from BUS, companies need to demonstrate to MOM that they have taken sufficient remedial steps to improve their Workplace Safety and Health (WSH) performance. This includes conducting refresher training for all workers on any unsafe practices found. On average, this process takes at least one year for companies to get out of the BUS programme. So, it is a pretty stringent programme. Since the enhancement, we have placed 25 companies on the BUS programme.

We are coordinating with other Government agencies, including BCA, to review procurement practices for construction projects. Agencies handling key public projects, such as JTC and LTA, already take into consideration bidders' safety record, such as demerit points, bizSAFE or BUS status, in their procurement assessment. We also make available the list of companies under the BUS programme and the demerit points on our website for reference by those who are interested.

With the enhanced enforcement regime, it has helped to reduce construction workplace fatalities from 27 in 2015 to 24 in 2016, and to four fatalities so far this year. While we take companies with poor safety records to task, they should also be given an opportunity to improve their safety record and performance. In fact, many companies which went through the BUS programme have exited and attained good safety standards. Some have even won safety and health awards locally and internationally.

MOM will continue to monitor developments and the situation, and refine our regulatory framework where needed to strengthen WSH performance in Singapore.

I thank the Minister of State for his comprehensive reply. I have two supplementary questions.

Firstly, can the Minister of State clarify why was OKP not under BUS at the material time? Are we satisfied that there is no systemic failure of its safety management system?

Secondly, while a lot of demerit points have been issued to the companies, are we also satisfied that the current regime is tough enough to deter companies from even trying to adopt lower standards in their safety management?

Mdm Speaker, I thank the Member for the two supplementary questions.

First, about why OKP was allowed to participate in Government projects despite it being involved in some accident. As explained by the Senior Minister of State for Transport just now, when LTA awarded the PIE viaduct project to OKP in November 2015, the investigation on the earlier September 2015 accident was still ongoing at the time. And following the September 2015 accident, MOM inspected all of OKP's worksites to check if the accident reflected a wider systemic failure of the company's safety management. However, no evidence of systemic safety lapses was found from the inspections. So, OKP was not placed under BUS following that accident. This was the situation in 2015.

As part of the continual efforts to improve WSH performance, we have further strengthened our BUS programme in May 2016 to put companies on BUS immediately after a fatal accident. So, for any company with a workplace fatality now, Government agencies would have known that they are put on BUS and will have their bizSAFE status revoked. So, agencies can take this into account when assessing their upcoming tenders. This timeline explains why OKP was not put under the BUS programme for the earlier 2015 accident but was placed on the BUS programme following the PIE viaduct accident on 14 July this year.

As to the Member's second question on whether the current regime is tough enough to deter companies from taking short cuts and to infringe WSH practices, while we would like to think that the current regime is tough enough to deter companies, as Members can see, the fatality rates in the first seven months of 2017 had fallen remarkably to four fatality cases as compared to 24 for the whole of 2016, and 27 fatality cases in 2015.

But having said that, we are cognisant that, at the construction worksites, things can happen quite quickly and we are not taking this current situation lightly. In fact, we have stepped up our enforcement actions on many worksites to make sure that all these worksites follow the WSH regimes and measures carefully. As a matter of fact, MOM conducts 16,000 inspections a year on all the worksites in Singapore. The bulk of our inspections is concentrated on the higher-risk industries, like marine, oil and gas, as well as construction.

So, while we cannot say for sure that the current regime will be able to 100% get the companies to adhere fully to the WSH regulations, standards and performance, we will closely monitor them. If there is a need to further tighten, we will continue to do so, as the reviewing of our safety regulatory framework is an ongoing effort.

A supplementary question, Madam. The Minister of State said that OKP had some industrial accident but was not put under BUS because it was determined not to be systemic. So, I would like to ask what MOM considers to be a systemic problem for companies which had industrial accidents. How does it assess whether it is systemic or not? And would he tell this House examples of companies which have been found to have systemic problems and put under BUS?

Madam, I thank the Member for the supplementary questions, which are very important ones.

When we investigate and inspect a company, we look at many aspects, from the company's WSH systems to the daily inspections and also the toolbox meetings conducted by the supervisors and the foremen, and also to investigate the WSH risk assessment procedures for every job. So, it is a very comprehensive regime and inspection to make sure that the companies, from the management to the workers, follow this set of WSH standards and guidelines.

If a company has encountered a certain worksite accident and the cause of the accident is not because there were no proper WSH regimes or regulations put in place but because of certain human errors or oversight, that is considered as an isolated case and not a systemic failure. We will use this as a basis to evaluate the company's standards of the WSH and then decide whether this company has a systemic widespread WSH failure or the accident was caused by an isolated, incidental or, sometimes, human error.

With regard to the Member's second question on which are the companies that are put under BUS and are later on given the approval to exit, there are altogether 25 companies put under BUS surveillance so far. I do not have the list of the companies at this moment. So, I will give it to the Member offline. They are actually on the MOM website.

Thank you, Madam. Just one supplementary question for the Minister of State. To what extent are there safeguards in place against the directors of a company that may be under some form of blacklisting, be it under BUS or some other regime, from incorporating a new company and bidding for Government projects and, thereby, potentially evading their previous negative safety records? If there are no safeguards against them now, will the Ministry look into that and introduce some safeguards against them?

Madam, I thank the Member for the supplementary questions. The records follow the individuals rather than the company. So, if a company director has infringed certain WSH regulations and all that, there is a record against him. That record will go with him, even if he sets up a new company. So, there is little chance that individuals can evade our system by setting up different companies to undertake Government or private sector projects.

10 Mr Desmond Choo asked the Minister for Manpower (a) whether the Ministry will review the current liabilities and penalties under the Workplace Safety and Health Act; and (b) how can the Ministry further improve the workplace safety competency of companies and their workers.

Madam, MOM conducts regular reviews of the Workplace Safety and Health Act (WSHA) to keep it relevant. Since its enactment in 2006, it was amended in 2008 and 2011. We have started a third review since earlier this year and aim to complete it before the end of the year.

Mdm Speaker, safety competency is a function of enforcement, awareness and training. On enforcement, MOM conducts more than 16,000 inspections per year, as mentioned earlier just now. These inspections resulted in companies taking remedial actions to rectify any safety gaps found in their worksites. On awareness, the Workplace Safety and Health Council, where SNEF and NTUC are represented, has conducted education programmes reaching out to 500,000 workers a year. On training, more than 150,000 workers undergo safety training every year. The Workplace Safety and Health Council is also partnering SkillsFuture Singapore to enhance the Workplace Safety and Health (WSH) training curriculum of workers, supervisors and managers over the next two years. The Council also has the bizSAFE and CultureSAFE initiatives for companies, which build WSH management capabilities and foster a stronger culture of WSH. As of 2016, over 27,000 companies have benefited from these programmes.

Mdm Speaker, I would like to stress that WSH is everyone's collective responsibility. We encourage members of the public to also play an active role to report any unsafe work practices by calling or emailing MOM or using our Snap@MOM mobile application to report any unsafe worksite practices.

Madam, I just want to check what is the larger strategic direction for future changes and what can we expect from the most current review that MOM is conducting.

Mdm Speaker, I thank the Member for the questions.

The larger strategic direction taken by MOM is four-fold. Firstly, we would like to create widespread awareness on WSH across the industry down to the workers, from management to the workers. So, creating awareness is one plank. The second plank is to step up the training to build worker, management and line supervisors' capability on WSH. The third is to continue with sustained enforcement actions and inspections at the different worksites. Whenever there are areas identified to be of higher risk because of new situations, we will calibrate our enforcement regime to make sure that we will pay closer attention on those higher risk sectors. Lastly, the penalty. From time to time, we will assess the situation and needs. When it is meritorious, we will consider stiffening the penalties, which we have done in the last one year or so.

With regard to the second supplementary question by the Member on what the proposed changes in the current review are, the proposed changes aim to strengthen industry ownership and also to enhance deterrence. This includes strengthening tripartite ownership for WSH. We think that it is important for the Government, the union and also the employers to come together to collectively tackle the WSH situation in Singapore. So, collective ownership, tripartite ownership, is one area where we are looking into. And the second area of review is facilitating the public release of incident learning reports on the root causes and recommendations of incidents with higher learning value. This is done so as to prevent recurrence of similar accidents.

The last area of review is to increase the maximum penalty under the WSH Act's subsidiary legislation for offences that could result in serious injuries or even death. This is still being evaluated and we will release more details when the review is finished by the end of this year.

11 Dr Lim Wee Kiak asked the Minister for Health in light of the recent case of misdiagnosis of Kawasaki disease (a) whether there are guidelines for doctors to send all cases for detailed diagnostic tests to avoid misdiagnosing rare medical conditions; (b) if there are no such guidelines, whether the Ministry can issue standard practice guidelines on diagnosis for potentially rare illnesses; and (c) if so, how will this impact on the cost of healthcare.

12 Ms Tin Pei Ling asked the Minister for Health with regard to a recent case where a paediatrician was suspended for professional misconduct after she failed to properly diagnose and treat a young patient for Kawasaki disease, whether the Minister can explain the basis for the decision and the duration of the suspension in comparison to other cases involving disciplinary actions.

13 Ms Tin Pei Ling asked the Minister for Health what safeguards are there to prevent misdiagnoses and to ensure good health outcomes within the public and private healthcare systems in Singapore.

14 Ms Tin Pei Ling asked the Minister for Health (a) whether there are studies made as to the countries where defensive medicine is practised; (b) whether he can share the findings from these studies; and (c) what are the potential implications if it happens in Singapore.

Mdm Speaker, may I have your permission to take Question Nos 11 to 14 together?

Yes, please.

Mdm Speaker, Kawasaki disease is a childhood disorder affecting the blood vessels with an incidence of approximately 32.5 per 100,000 children less than five years old per year. KK Women and Children's Hospital and NUHS see about 160 to 190 Kawasaki disease cases per year. Kawasaki disease is also the most common cause of acquired heart disease in children in developed countries. If left untreated, about 15%-20% of cases develop coronary aneurysms and ectasia, and the risk of ischemic heart disease and sudden death.

The background facts to the case are as follows. On 25 February 2013, the patient, a one-year-old child, was hospitalised at Gleneagles hospital with high fever for three days and red eyes, besides other symptoms. The paediatrician who was on call at the hospital, Dr Chia Foong Lin, attended to the child and diagnosed the case as a viral infection.

Two days later, on 27 February, or the fifth day of the child's fever, the child was noted to be fretful, had red lips and developed a rash. On 28 February, the following day, he had a spike of fever in the morning and red and cracked lips. Dr Chia considered the possibility of Kawasaki disease and looked for the full features of Kawasaki disease. However, she did not conduct any supportive tests for Kawasaki disease and did not share this with the parents. Dr Chia's diagnosis remained as viral infection as there were no full features of Kawasaki disease.

On 1 March, the fifth day in the hospital and the seventh day of the child's fever, the child was discharged by Dr Chia as the fever appeared to have settled. According to Dr Chia, the red eyes improved and no rashes were seen but his lips were still slightly red and cracked. The diagnosis by Dr Chia was again viral infection.

On 3 March, which was the ninth day of the child's fever, the child was reviewed by Dr Chia as an outpatient at her clinic. Dr Chia was informed by the parents that the fever had continued in the two days after discharge although, according to Dr Chia, the red eyes and the rashes had resolved and the child's lips had improved. The history of the progression of the child's symptoms and signs, including prolonged fever, red eye, rash and red lips were suggestive of Kawasaki disease which should have prompted Dr Chia to carry out supportive tests, but Dr Chia still maintained that it was viral fever and did not order any supportive tests.

The next day, on 4 March, the child's parents decided to seek a second opinion and went to consult another paediatrician as the child continued to have high fever. On examination, she noted that the child was irritable and had a rash on the upper body. The second paediatrician also noted redness in the child's palms and soles, prominent lymph nodes on the right neck and discovered a heart murmur. All these were signs suggestive of Kawasaki disease. She ordered the blood tests which supported the diagnosis of Kawasaki disease and an echocardiogram which showed that the blood vessels of the heart was already affected. Fortunately, the child responded well from the treatment for Kawasaki disease and the fever settled.

The child's mother then filed a complaint with the Singapore Medical Council (SMC). In accordance with the Medical Registration Act, the SMC convened a Complaints Committee. After conducting its own investigations, the Complaints Committee concluded that a formal inquiry by a Disciplinary Tribunal (DT) was necessary.

A DT was convened comprising two senior doctors and a lawyer. During its inquiry, the DT also considered the opinions of two expert witnesses. The DT noted that there were already well accepted international guidelines for the diagnosis of Kawasaki disease since 2004. Based on these international guidelines, the child presented with signs and symptoms which should be investigated further for Kawasaki disease. The DT concluded that Dr Chia fell short of the reasonable standard expected of a senior paediatrician by not ordering tests to support the diagnosis or discussing with the parents about this possible diagnosis which she had considered. The DT judged that this amounted to professional misconduct on her part.

In deciding on the sentence, the DT considered eight precedents relating to doctors who had missed or given a wrong diagnosis, failed to provide adequate advice and/or failed to provide adequate and timely treatment to patients. The DT noted that six of the precedents were dealt with by a suspension instead of a fine. The DT also took into account the seniority of Dr Chia and that she was an experienced paediatrician of 23 years' standing. After considering all the relevant facts and circumstances, including the aggravating and mitigating factors, such as Dr Chia's unblemished record, the many testimonials and character references and her contribution to society, the DT ordered a three-month suspension, which is the shortest suspension under the Medical Registration Act.

Dr Chia appealed to the High Court against the DT's decision. The High Court noted that Dr Chia had not pleaded guilty to the charge and that the disease faced was not uncommon. Taking these factors, as well as the precedents into consideration, the High Court found the order of three months' suspension to be appropriate. The appeal was then dismissed by the High Court.

Dr Lim asked if MOH advocates doctors to send all cases for detailed diagnostic tests to avoid misdiagnosing rare medical conditions. The answer is no. Such defensive medicine practice deviates from good clinical practice. It will also unnecessarily increase healthcare costs. Dr Lim also asked if the Ministry should issue standard practice guidelines on diagnosis for all potentially rare illnesses. It is neither possible nor practical for MOH to issue guidelines for all rare diseases. Doctors would have to exercise their clinical judgement in such situations. However, in this particular case, there were already existing international guidelines which warranted further investigations to diagnose Kawasaki disease, given the symptoms and signs of persistent fever, red eyes, red cracked lips and a rash.

Ms Tin asked if there have been international studies on defensive medicine, which is defined as a deviation of sound medical practice that is induced mainly by a fear of medical malpractice action. There have been a few international studies, mainly comprising surveys of doctors, which noted the high prevalence of defensive medicine practices overseas, resulting in unnecessary increases in healthcare costs. Other international studies have also suggested that a substantial fraction of malpractice claims are a result of failure of doctor-patient communication. There has been no local studies on defensive medicine.

As part of their work, doctors are expected to exercise good clinical judgement to manage patients appropriately. Clinical judgement is dependent on the seniority of the doctor, the area of practice and experience, clinical presentation of each patient and the facts and circumstances surrounding each case. For cases which are complex or for which the treating doctors are unsure, they can also discuss with other colleagues on the most appropriate management of the case. In addition, medical knowledge is constantly evolving. It is important for doctors to keep abreast of medical knowledge and international guidelines based on the recommendations of medical experts.

Hence, SMC requires all doctors in the public and private sectors to have mandatory continuing medical education. Our hospitals and institutions also have teaching, training and peer review to enable doctors to maintain and upgrade their skills.

Let me just thank the Senior Minister of State for the very long account that he has just given. I would like to ask the Senior Minister of State regarding the blood test he referred to for diagnosis of Kawasaki disease. What is the exact blood test he is referring to? Because, as far as I know, there is no specific blood test for Kawasaki disease in the first place. Last of all is that it is very common. I mean, for all parents here who have children, to find a child with fever, with a rash. Does it mean that every single child with rash and fever has to be sent for a cardiac scan in future? I think that is the fear that we have now.

What is the impact of this verdict on current healthcare costs? Frequently, we hear complaints from our residents, from our patients that the investigation costs are going up − tests are very expensive. In fact, every single blood test, every single scan, every single MRI you do, is expensive. Every single headache could be a brain tumour. Are we going to investigate every single headache with a scan as well? I think these are the pertinent questions that we are asking.

Is MOH monitoring whether there are signs of defensive medicine being practiced in Singapore? Currently, if you look at the outpatient bill, what proportion of the outpatient bill is investigation cost versus consultation and medication cost? Is the investigation cost portion increasing over the years? These are the things that I think MOH should be looking at as well.

I would like to thank Dr Lim for the also very long and comprehensive comment, and the many supplementary questions. With regard to the first question, which is on the type of blood test that can be used in the diagnosis of Kawasaki disease, we are referring to C-reactive protein which is the inflammatory marker for any form of inflammation. Though non-specific for Kawasaki disease, it is a supportive investigation that helps in the diagnosis of Kawasaki disease. And, of course, in cases where Kawasaki disease is highly suspected, there is also a need to order echo-cardiogram to assess the coronary vessels to look for any aneurysms or dilatation.

The American Heart Association has come up with international guidelines in the management of Kawasaki disease as well as the evaluation of incomplete Kawasaki disease. If you look at the literature, incomplete Kawasaki disease is more common in children who are of a very young age, which was what this child had in this case − incomplete Kawasaki disease.

If doctors were to follow the international guidelines issued by the American Heart Association, the definition of incomplete Kawasaki disease is defined as persistent fever with at least two signs that are suggestive of Kawasaki disease. So, in this case, the patient does have persistent fever, the patient has skin rash, bilateral sore eyes as well as cracked lips. So, this patient actually had more than two signs; he had three signs. Based on the international guidelines, supportive tests, such as C-reactive protein and echo-cardiogram, should have been ordered.

As to the Member's second comment on whether every child with fever or rash should therefore be investigated for Kawasaki disease, the answer is obviously no. But it is important for doctors to have the enhanced awareness that should the patient develop other symptoms or signs that point towards Kawasaki disease, further investigation would be warranted.

I also understand that there are many doctors who are concerned with the verdict and judgement of this case. My advice to doctors is that they should stay calm and not overreact. Secondly, do read and understand the proceedings of the DT and appreciate the rationale and considerations of the judgement. Because, very often, when doctors read the headlines, they will jump to the conclusion that, "Oh, if I miss a fever and therefore miss a Kawasaki disease diagnosis, I will be suspended for three months". That is actually not the case.

One of the common questions that Dr Lim had alluded to is: "Should I investigate every child who presents with fever or a rash for Kawasaki disease?" Of course, like I mentioned previously, the answer is no. That would actually be tantamount to very poor clinical judgement and defensive medicine.

The advice to doctors is that we should fall back on basics first. Getting a good history and a thorough and proper clinical examination is critical in the practice of medicine. Consider any international guidelines available in the evaluation and management of the condition at hand. In the case of Kawasaki disease, the international guidelines on the evaluation of suspected incomplete Kawasaki disease and the diagnosis of management of Kawasaki disease from the American Heart Association is internationally well-known and accepted and has been there since 2004.

If the doctor is unsure or if the case is complex, please do not hesitate to discuss with other more experienced colleagues on the most appropriate management of the case. And last but not least, I would like to remind doctors to participate actively in continuing medical education and to continue to build strong trusting relationships with the parents, with the patients, with the family members through clear communication and informed shared decision making.

And to the Member's last supplementary question on whether there is any increase in unnecessary investigations, I think the trend is towards that. MOH is monitoring this very carefully and, like I mentioned, if doctors were to practise good clinical judgement, we do not have to go towards defensive medicine.

15 Miss Cheng Li Hui asked the Prime Minister (a) whether there is any risk assessment made by the Government on our vulnerability to foreign interference in our elections from both state and non-state actors; (b) what are the measures in place to safeguard Singapore from foreign interference in our elections; (c) what are the security guidelines on vigilance by political parties and candidates on this issue; and (d) how can the social media be kept free and open for political discussions whilst dealing with malicious/subversive content.

Mdm Speaker, on behalf of the Prime Minister. Foreign interference in domestic politics and electoral processes cannot be underestimated and must always be factored into our social and psychological defence. History has shown that bigger and more powerful states would seek to advance their interests by projecting their influence on, usually, smaller or less well organised ones via all instruments of power, ranging from military, economic, cultural, diplomatic to informational. We cannot expect to be immune from such external forces.

Singapore's small size, openness and relatively short history have always made it challenging for us to mitigate the external influences on our systems. The advent of modern technologies, proliferation of various media platforms, rapid communication cycles and seamless information transmission channels combine to further complicate our task of defending ourselves from external influences.

Our consistent position has always been that politics in Singapore is meant only for Singaporeans. We chart our own course and bear responsibilities for our choices. We have various existing measures to guard ourselves and our systems from foreign interference, but we will need to evolve them in tandem with the changes in technology, media platforms and communications channels. Let me share some of our existing measures.

First, our election laws expressly prohibit foreigners from taking part in election activities. For instance, the Political Donations Act prohibits election candidates and political parties from accepting foreign funding. Under the Societies Act, only Singapore citizens can be members of political associations and these associations must not have affiliation or connection with any organisation outside of Singapore that is contrary to our national interest. Beyond elections, the Public Order Act was also amended this year to make clear that the Police may refuse to grant a permit for public assemblies and processions organised by or involving the participation of foreigners or foreign entities and directed towards political ends.

Second, we have measures to protect Government networks and IT systems, so that they are not used by others to subvert our election process. If these systems are compromised, they can be exploited to leak information or propagate fake news to disrupt election campaigns and shape voting patterns. However, cybersecurity is a collective responsibility. Election candidates and political parties also need to safeguard their own systems. If they require advice on the security of their IT systems, they can approach SingCERT, a division of the Cyber Security Agency.

Third, to prevent foreigners from manipulating our media platforms to influence local politics, the Newspaper and Printing Presses Act and the Broadcasting Act allow the Government to restrict and control the ownership of newspapers and broadcast media. Funds from foreign sources for non-commercial purposes are prohibited for newspaper companies, broadcasting companies and corporatised online news entities.

Madam, despite these measures, it is critical for Singaporeans ourselves to recognise that foreign influence campaigns continue to exist. The avenues of these campaigns are multi-faceted. They can take the form of surreptitious contributions, which can be seemingly harmless donations to unsuspecting Singaporeans or local organisations, so that influence and pressure can be exerted over them.

This threat of foreign influence is compounded by the pervasive use of the Internet and social media. Our Government agencies, such as the National Library Board and organisations like the Media Literacy Council, have also embarked on various programmes, such as the Better Internet, and the Source, Understand, Research and Evaluate programme, or SURE for short, to help Singaporeans become more discerning in what we read. Nonetheless, the Government must also be able to step in to ensure that fake news which impacts society is not allowed to spread unchecked. Through consultations with stakeholders, the Government will be introducing legislation, accompanied by public education and, where appropriate, co-regulation with industry players.

Mdm Speaker, Singapore politics and our political processes are for Singaporeans only. The integrity of our democratic process is the collective responsibility of all stakeholders and our electorate. Each one of us must play our part by being vigilant and discerning about what we might have read or heard, in order to safeguard our democratic processes from being undermined by foreign influence. Ultimately, our best defence is a discerning electorate that recognises the realities of geopolitics and the world which we live in.

Just wanted to check, would there be any measures that might be taken for the upcoming Presidential Election? I understand that there would be more education on fake news, but what really can we do more to educate Singaporeans to be more vigilant to recognise fake news, but what really can we do more to educate Singaporeans to be more vigilant to recognise fake news?

Mdm Speaker, let me take the second supplementary question first. On what more we can do, beyond what I have just stated, I think there are two other important things we need to do collectively as a society.

First, I think we need to be much more aware of the many teachable moments that are readily available in other parts of the world. There are many lessons which we can draw from some of the recent episodes that have happened in other parts of the world; episodes that have happened to even bigger countries than us.

Secondly, when it comes to this subject of foreign relations and foreign interference, it is always a sensitive topic. Many of such issues cannot be shared publicly and may not be in our best interest to share publicly, but, nevertheless, we must endeavour to share such things, where possible, in closed sessions with our community leaders so that we have a collective awareness of the world that we are living in and the geopolitical forces that we have to contend with.

Madam, on the upcoming Presidential Election, we have stated many of the existing measures that we have in place and we are also keenly aware of the new challenges that are evolving as we speak. We will continue to need to be vigilant at the systems level but we will also need everyone to do this collectively, so that, collectively as Singaporeans, we can all do our part to safeguard the integrity of our own democratic processes, make the choices that we desire to make. Because, ultimately, we, as Singaporeans, will bear the collective responsibility for all the decisions that we have made.

Just two quick questions, to ask the Minister. Are there actual incidents of foreigners interfering in our electoral system or our electoral process in the past? The second question is, will the Ministry be working with social media organisations, like Facebook and Google, to help fight fake news?

Madam, in response to the first supplementary question from Mr Png, we take it as our working assumption that, every day, every moment, we must be careful of potential foreign interference in our processes. The details will not be convenient for me to address publicly, but suffice to say that we will never let our guard down. We take it as a working assumption. It may be an interference or an attempt to interfere in our electoral process, or it may be an attempt to influence our public opinion or our own local organisations.

On the second issue about working with social media organisations like Facebook, yes, we do have conversations with them on how we can collectively do this better and it will be one of the stakeholders which we will be consulting closely on the way forward.

Order. End of Question Time.

[Pursuant to Standing Order No 22(3), provided that Members had not asked for questions standing in their names to be postponed to a later Sitting day or withdrawn, written answers to questions not reached by the end of Question Time are reproduced in the Appendix.]

[(proc text) "to amend the Jurong Town Corporation Act (Chapter 150 of the 1998 Revised Edition), and to make consequential amendments to certain other Acts", (proc text)]

[(proc text) presented by the Minister for Trade and Industry (Trade) (Mr Lim Hng Kiang); read the First time; to be read a Second time on the next available Sitting of Parliament, and to be printed. (proc text)]

[(proc text) "to amend the Building Maintenance and Strata Management Act (Chapter 30C of the 2008 Revised Edition), and to make consequential and related amendments to certain other Acts with regard to building maintenance", (proc text)]

[(proc text) presented by the Second Minister for National Development (Mr Desmond Lee); read the First time; to be read a Second time on the next available Sitting of Parliament, and to be printed. (proc text)]

[(proc text) "to amend the Professional Engineers Act (Chapter 253 of the 1992 Revised Edition)", (proc text)]

[(proc text) presented by the Second Minister for National Development (Mr Desmond Lee); read the First time; to be read a Second time on the next available Sitting of Parliament, and to be printed. (proc text)]

[(proc text) Order for Second Reading read. (proc text)]

Mdm Speaker, I beg to move, "That the Bill be now read a Second time".

Madam, next year will be the 50th anniversary of the commencement of the Administration of Muslim Law Act (AMLA). First drafted by our Republic's first Attorney-General, the late Prof Ahmad Ibrahim, AMLA has been regularly reviewed to ensure that it remains robust and continues to serve the needs of our local Muslim community. With AMLA, we saw the establishment of three public agencies − the Islamic Religious Council of Singapore (MUIS), the Registry of Muslim Marriages (ROMM) and the Syariah Court − dedicated to implement and administer the provisions of the Act. They have been central to our community ever since.

Madam, AMLA was last amended in 2008 to strengthen these key institutions, as well as to improve the quality of life for the Muslim community in Singapore. Since then, we have continued to engage community leaders, Muslim law practitioners and the general community on how to keep the Act current and effective.

Earlier this year, the Ministry of Culture, Community and Youth (MCCY) and its partner agencies hosted public consultations on the proposed amendments to the Act. Madam, I am glad that we have received broad support for our proposals. We also benefited from a number of valuable ideas and suggestions, which we have incorporated into the Bill.

I would, therefore, like to take this opportunity to record my heartfelt thanks for the strong support from our Muslim community. We are united in our common goal to facilitate and improve the socio-religious life of the people and I can say with confidence that this Bill before us today is one by the community, for the community.

Madam, we seek to amend the AMLA in three broad areas: first, to strengthen Muslim families; second, to reinforce Muslim institutions; and, finally, to enhance the management of Muslim assets. Allow me to describe the key features of the Bill.

A strong marriage is the foundation for a strong family. When couples have strong relationships, they can better support each other and provide a loving and supportive home for their children. It has been encouraging to see good results of the work done thus far. Marriage numbers are on the rise while minor marriages − that is, marriages where at least one party was below 21 years of age at the time of marriage − have been in steady decline. Divorce rates, meanwhile, have remained relatively stable.

While these are positive trends, the fact remains that minor marriages are more vulnerable. For example, in the case of Muslim marriages involving younger grooms, the recent marriage cohorts have experienced one-and-a-half times the divorce rate compared to older grooms.

It is against this background that I move to introduce two measures.

First, new section 94A introduces mandatory participation in a marriage preparation programme for prescribed groups. We will mandate in subsidiary legislation that minor couples do so first. They will attend a pre-marriage programme approved by the Ministry of Social and Family Development (MSF), which aims to raise couples' awareness of the issues on marriage and to highlight available post-marriage support programmes and resources. A minor couple must complete the programme together before the application for marriage is made.

The specialised programme for minor couples comprises two components. One, premarital consultations to help them better understand, clarify and address any concerns that they and their families may have about the marriage. Two, marriage education workshops for the minor couples to learn essential skills and knowledge to build a stable marriage and family. Parents' involvement in premarital consultations, as well as parent education workshops to discuss their important supportive roles to the couple, are highly encouraged. MSF will regularly review the programme to ensure that it remains relevant and useful to couples.

Second, under the new section 94B, parental consent will be required for a minor marriage, before the couple can make an application for solemnisation. Currently, only the consent of the wali, the lawful guardian for the marriage of a Muslim woman, is required. Going forward, consent of the parents or the guardians of the party who is a minor will also be required. There will be a list of the appropriate persons from whom consent must be sought in the various permutations, in the new Fourth Schedule. This move, Madam, thus reinforces the importance of parents' or guardians' support in a minor marriage as their guidance, especially in the crucial initial years of the marriage, is critical to help younger couples build strong marriage foundations for a lifetime.

It must be noted that this consent is separate from the role of the wali in a marriage contract and does not supersede the wali's approval. Once the parents' or guardians' consent is given, the application to solemnise the marriage may be made.

There may be instances where the consent of the appropriate person cannot be obtained because he or she is absent, inaccessible or under any severe disability or refuses to do so. Upon application by the couple, the Kadi, the person empowered to consider marriage applications and solemnise marriages, or his deputy, the Naib Kadi, must take due steps to satisfy himself that the consent of the person may be dispensed with. Importantly, if the appropriate person refuses to give consent, the Kadi or Naib Kadi must first give that person an opportunity to show cause as to why his or her consent should not be dispensed with. The Kadi or Naib Kadi then has the responsibility of deciding if there are good grounds to proceed with the marriage.

Mdm Speaker, while we can do our best to strengthen marriages and families, not all marriages last the distance. Divorce rates are relatively stable, but we must guard against any rise in divorces. The Syariah Court's case records indicate that about 64% of its cases in the past five years involved at least one child of the marriage under 21 years old, with more than 85% of these involving at least one child aged under 14 years old.

This Bill seeks to do two things to help.

First, to require parties to attend a prescribed activity before commencement of divorce proceedings. The new section 46A will primarily allow the Syariah Court to ensure that couples who seek a divorce first attend its flagship Marriage Counselling Programme (MCP), to see if the marriage can be saved. Since the Syariah Court's introduction of the Programme as an administrative requirement in 2004, over 33,000 couples have been counselled and almost half of these marriages have been saved. So, I am pleased to note that the non-attendance rate for MCP has only been about 10%. The reasons for such non-attendance range from either parties being overseas, to no longer wanting to pursue a divorce. If the couple chooses to proceed with divorce, the Programme will be a platform for couples to discuss care and living arrangements for their children. Counsellors will be on hand to refer parties to specific programmes and services to address their other social needs, such as financial assistance or education support for their school-going children.

Next, new sections 43A and 43B seek to enable the Syariah Court to refer parties for further counselling or a family support programme at any stage of their divorce proceedings. Where there is an issue of child custody or welfare, the Syariah Court may, where necessary, order a registered medical practitioner, psychologist, counsellor, social worker or mental health professional to examine and assess the child of the parties. The assessment will be treated as expert evidence. Another option available to the Court is to appoint a child representative, where necessary, to represent the interests of a child. Providing multiple expert but neutral layers will better protect the interests of the child amidst the divorce proceedings.

Madam, allow me now to move on to three proposals to strengthen our community's key institutions. For most local Muslim marriages thus far, we are accustomed to have the Kadi or Naib Kadi present to witness the solemnisation ceremony by a wali. But a small number have had their marriage solemnised by their wali without the Kadi or Naib Kadi being present, before requesting that ROMM register the marriage. During public consultations, there were serious discussions about the importance of better protecting parties to the marriage. The validity of the marriage will be impacted if the wrong wali has been appointed. The consequences are even more severe if there are children involved. There is also no protection for parties of an invalid solemnisation if there is a transfer of assets or monies, or if one party is entering the marriage unwillingly.

Having considered this matter carefully, we seek to amend section 95 of the Act. Couples who wish their marriage to be solemnised by a wali must seek written consent from the Kadi or Naib Kadi, who must be present as a witness at the solemnisation. In so doing, the Kadi or Naib Kadi can verify that the appropriate wali has been invited to solemnise the marriage. The Kadi or Naib Kadi can also direct the couple to go through the required processes set out in AMLA, where appropriate, such as the new requirements for minor marriages, as earlier mentioned. Couples who refuse to comply will not be able to register their marriage.

Next, for divorces, a new section 46B will allow, and therein encourage, men to apply as plaintiffs without first uttering the talak. The talak is generally perceived to be final in effecting a divorce, once the Syariah Court clarifies and adjudges that it is valid. However, it should not and must not, be seen as a quick and convenient solution. With this amendment, a husband who applies for divorce before uttering the talak can seek help with his marital woes and the Court may try to save the marriage by directing the couple to attend counselling. At the very least, the couple can have a safe space to discuss their post-divorce care arrangements for their children. Allow me to stress, Mdm Speaker, that this proposal does not affect the Muslim man's right to pronounce the talak if he still chooses to do so.

Mdm Speaker, in Islam, a divorce is permitted as a way out of an odious companionship which can no longer achieve the objectives of marriage. However, the talak should not and cannot be taken lightly and must only be uttered when all avenues to save the marriage have been exhausted. This, Madam, accords with Islamic teachings that divorcing couples still have an obligation to treat each other fairly. We hope that Muslim husbands do not utter the talak frivolously and that couples seek appropriate help when they face marital woes.

Madam, we have seen the Syariah Court's roles widen beyond settling divorces amicably and delivering just outcomes, with its "child-centric" approach and added focus on counselling. It is thus best that the Court's resources are always used optimally, for the benefit of Muslims in Singapore. It would not be right for our Syariah Court to be used by those with few or no links to Singapore.

The third proposal, therefore, is to specify through section 35 of AMLA that at least one of the parties making an application at the Syariah Court must be domiciled or habitually residing in Singapore. This is for a period of at least three continuous years immediately preceding any application or before the commencement of any proceedings. For Members' benefit, this provision is already present in the Women's Charter and we are following the same parameters.

Finally, Madam, allow me to outline a number of amendments to enhance the management of our Muslim assets, most notably our wakafs, or Muslim endowments, and our Mosque Building and MENDAKI Fund (MBMF).

In 2017, MUIS disbursed $3.1 million of the revenue generated from our wakafs to various beneficiaries, such as mosques, madrasahs and Muslim organisations. This amount is close to 3% more, or about $90,000, compared to the previous year. Of the total disbursement, more than $1.52 million was channelled to 27 mosques to help fund upgrading projects and to support mosque programmes. All these are a result of MUIS' management of the wakafs, which include careful planning to ensure maximisation of wakaf returns and attracting good tenants for wakaf properties.

So, we must continue to ensure that the wakafs are well-managed so as to maximise their potential. MUIS takes this responsibility very seriously and works closely with the trustees and those appointed to manage the wakaf, better known as mutawallis.

To enable MUIS to better safeguard against the mismanagement of wakafs, we will amend section 58 of AMLA to expand the grounds on which a trustee or mutawalli can be removed. This is to provide greater clarity and transparency, as well as to allow for more timely interventions to uphold the good governance of wakafs. Current provisions enable MUIS to do so when it appears that the wakaf has been mismanaged, or if there have been no trustees appointed. However, for these conditions to be met, the wakaf might already be in jeopardy.

The Bill, therefore, stipulates that a trustee or mutawalli can also be removed if convicted of any offence under section 64(11) of AMLA, which, among others, is committed when a mutawalli fails to furnish information or particulars as required by MUIS, or fails to allow MUIS' inspection of wakaf properties, accounts and records. Additionally, if the trustee or mutawalli has failed to comply with further rules related to wakaf, or terms or conditions imposed by MUIS as part of the appointment, he or she can also be removed.

Secondly, to safeguard MUIS' statutory responsibility to administer all wakafs vested in it, the amended section 58 also states that any appointment of a new trustee to a wakaf will be void unless MUIS' prior approval in writing has been obtained. This is important because MUIS has to ensure that the individuals appointed as trustees are qualified to manage the wakaf. In some instances, MUIS saw disputes arise when trustees made unilateral appointments among themselves. Such trustee disputes, if left unchecked or unresolved, may adversely affect the management and upkeep of the wakaf.

For avoidance of doubt, the amended section 58 also specifies that a Court must not entertain or proceed with any proceedings relating to the appointment or removal of wakaf trustees and mutawallis. It is for parties to work with MUIS to address and resolve such matters. This is consistent with a High Court decision last year that the High Court does not have subject matter jurisdiction over wakafs and that the power to remove or to appoint trustees lies solely with MUIS, as provided for by AMLA.

MUIS has established a wakaf dispute resolution framework to help address any wakaf issues or disputes that may arise. On written application to MUIS, disputing parties can undergo a mediation process conducted by a MUIS-appointed Wakaf Dispute Resolution Committee, comprising parties with legal, Syariah, and/or counselling backgrounds. Should a settlement agreement not be achieved out of this mediation process, an inquiry process will be launched and the Committee will put up a recommendation to the MUIS Council for consideration.

Madam, we do not wish for our trustees and mutawallis to be distracted by disputes, but if these cannot be avoided, I do urge all of them to seek mediation early through this Committee. We are here to help because we share the same goal, to support and help our community.

Thirdly, new section 61 seeks to allow MUIS to direct a portion of the income of the wakaf towards a sinking fund, primarily for the upkeep and development of the wakaf. For example, the sinking fund could be tapped on for carrying out building repairs or installation works, as well as the purchase of any property or asset to benefit the wakaf. This was something that many trustees and mutawallis have asked for. They see this measure as an important, long-term financial planning move for the continued viability and sustainability of the wakaf. It has been observed that many of the trust deeds of older wakafs do not specifically address the long-term upkeep of the wakaf, including that of the creation of a sinking fund to maintain it for the long run. Often, without sufficient reserves or savings set aside, the wakaf properties will fall into disrepair.

Mdm Speaker, I would like to assure Members and stakeholders that MUIS is well aware that the income and revenue levels across all wakafs vary. We do not want this sinking fund to become a burden to the wakafs. Hence, the proportion of income to be directed to the sinking fund will be decided in close consultation with the trustees and mutawallis, with their wakafs' resources and needs of their beneficiaries being topmost considerations. I would also like to stress, Madam, that MUIS cannot be expected to tap on community funds to save those wakaf properties that have fallen into disrepair, especially where such predicaments could easily have been avoided with some financial discipline.