Commentaries
CCC's support letter critical for AHPETC's permit application?
By Terry Xu
The hearing on summons issued by the National Environment Agency (NEA) to Aljunied-Hougang-Punggol East Town Council (AHPETC) has ended last week with the ruling of the hearing scheduled to be out by end of November.
While the final decision is now with the courts, what is of greater concern to the public, other town councils and those wishing to hold similar events is the nature of the charge. Specifically, how did AHPETC fail NEA’s criteria for a permit?
While an understanding of the background of the case was consistently contested by the prosecution and subsequently ruled as “irrelevant” by the judge, knowledge for the public would prevent future such run-ins with NEA.
The case in black and white
AHPETC was summoned by NEA in January this year due the town council’s conduct of the event, “Lunar New year Flora and Community Fair 2014” which was carried out from 10 January to 30 January at the Hougang Central Hub without obtaining a license from NEA.
NEA’s prosecutor, Isaac Tan had said that given the fair consisted of five stalls selling festive decorations, cookies and sweets, fruits such as pomelo, flowers and assorted potted plants, the event amounted to a “temporary fair”. As such, it required a licence under Section 35 of the Environmental Public Health Act (EPHA).
The prosecution witness, Mr Tai Ji Choong, director of the Environmental Health Department, said the town council event constituted a breach of Section 35 of the EPHA.
During the hearing, the defence of AHPETC had on several occasions tried to ask NEA for the rationale behind the agency’s decision not to grant a permit for the event. However, this was consistently and successfully blocked by the prosecution, to the extent that the NEA representative was never required to explain this point.
The defence lawyer, Mr Peter Low attempted to ask Mr Tai about the conditions of the application process but was persistently prevented from doing, as the prosecution made objection after objection.
Throughout the whole hearing, the prosecutor maintained that Mr Low’s questions on the conditions of the rejection were irrelevant to the case.
Not a trade fair to begin with: AHPETC
AHPETC on its part has consistently maintained that it did not agree with the use of forms provided by NEA for the event organised by the town council. Right from the beginning, the wordings of “Trade Fair” was struck off from the Trade Fair application form submitted to NEA,and replaced with the word, “Event”.
Chairman of AHPETC, Ms Sylvia Lim said that she approved the replacement of the words because it was consistent with what they wrote in the cover letter that they do not believe they were organising a trade fair.
Ms Lim explained that the town council had asked NEA whether the event to be held by the town council required any permit from the authorities and to ask for the forms which the town council had to submit, if any.
In the cover letter accompanying AHPETC’s application submission to NEA, the town council highlighted that the form was used at the request of the NEA and that AHPETC felt that the form does not represent the town council’s agreement.
Because of the constant blocks by the prosecution on questions relating to rationale, followers of the case might be left wondering about NEA’s criteria that led to the forms being “incomplete” and the subsequent denial of a permit to AHPETC.
But a closer look at the application submitted by the AHPETC might reveal potential reasons. In the form, AHPETC had marked out the documents they have obtained, and indicated as such those which they deemed not applicable.
Checking off the boxes, but one?
The potential areas where AHPETC could have failed the application would be where NEA deemed the application “incomplete” – presumably, where AHPETC has indicated as “NIL” or “not applicable” where supporting documents were required.
- Energy Market Authority – The event did not utilise any power generators.
- Land Transport Authority (Road Management Department) – The event was organised in a multi-purpose hall.
- National Parks Board (for use of grass verge/roadside tables) – The event was organised on hard ground only.
- Consensus from neighbourhood shopkeepers – The event had stalls which sold festive decorations, cookies and sweets, fruits such as pomelo, flowers and assorted potted plants – items that are seasonal and unlikely be the core trade items of the neighbourhood stores, and unlikely to affect the operation of stores in the vicinity.
- Letter of support from relevant Citizens’ Consultative Committee (CCC) – The event was held in the common area under their charge, not an area managed by the CCC. Instead, the Town Council got Workers’ Party’s secretary-general, Mr Low Thia Khiang to write a letter of approval to NEA.
- List of stall holders and their details – The event was organised by AHPETC, hence there were no stall owners.
- Copy of agreement with licensed General Waste Collected if fair is not held on common property maintained by the Town Council – The event was held on common space managed by AHPETC.
AHPETC had sought permission from the relevant government agencies and departments where needed, and has indicated to NEA where such supporting documents are “not applicable”. A logical run-through of the fail points would suggest that a possible make-or-break document that AHPETC did not submit to NEA was the letter of approval from the CCC.
To begin with, given that the Bedok Reservoir-Punggol CCC did not manage the space where the event was held, why does NEA deem it relevant for AHPETC to seek its support?
It is also odd that CCCs, chaired by individuals who are not elected as representatives of the people but are merely appointed by the respective grassroot advisers, who are also not necessarily elected representatives of the people but appointed by the ruling party, should have a place in the approval processes of government agencies.
As Singapore’s political climate becomes more diverse, with the likelihood of more opposition parties managing more town councils, it is important to understand the influence and relationships at work, particularly the questionable powers bestowed upon the CCCs.
If a town council has to seek the support of its CCC for a government permit, is it not necessary to ask why CCCs, comprising unelected members, are given such powers to supersede the authority of town councils in areas where they have jurisdiction to manage as elected representatives of the people?
Why then should CCCs be included in the approval process for a permit, in particular for an event conducted in an area outside of its purview? For a start, did NEA ask AHPETC to submit the correct application forms?
TOC is seeking clarification from NEA to better understand the approval processes that town councils have to go through for obtaining a permit under the EPHA, and why CCC’s are involved in this process. We will include NEA’s official response once we receive it.
Other reference material:
- The Town Councils Act, governing the duties and responsibilities of town councils.
- The history of Citizens’ Consultative Committees and the role they play as part of the People’s Association.
- TOC’s earlier coverage of a talk where the function of CCC’s were called into question.
Commentaries
Lim Tean criticizes Govt’s rejection of basic income report, urges Singaporeans to rethink election choices
Lim Tean, leader of Peoples Voice (PV), criticizes the government’s defensive response to the basic living income report, accusing it of avoiding reality.
He calls on citizens to assess affordability and choose MPs who can truly enhance their lives in the upcoming election.
SINGAPORE: A recently published report, “Minimum Income Standard 2023: Household Budgets in a Time of Rising Costs,” unveils figures detailing the necessary income households require to maintain a basic standard of living, using the Minimum Income Standard (MIS) method.
The newly released study, spearheaded by Dr Ng Kok Hoe of the Lee Kuan Yew School of Public Policy (LKYSPP) specifically focuses on working-age households in 2021 and presents the latest MIS budgets, adjusted for inflation from 2020 to 2022.
The report detailed that:
- The “reasonable starting point” for a living wage in Singapore was S$2,906 a month.
- A single parent with a child aged two to six required S$3,218 per month.
- Partnered parents with two children, one aged between seven and 12 and the other between 13 and 18, required S$6,426 a month.
- A single elderly individual required S$1,421 a month.
- Budgets for both single and partnered parent households averaged around S$1,600 per member. Given recent price inflation, these figures have risen by up to 5% in the current report.
Singapore Govt challenges MIS 2023 report’s representation of basic needs
Regrettably, on Thursday (14 Sept), the Finance Ministry (MOF), Manpower Ministry (MOM), and Ministry of Social and Family Development (MSF) jointly issued a statement dismissing the idea suggested by the report, claiming that minimum household income requirements amid inflation “might not accurately reflect basic needs”.
Instead, they claimed that findings should be seen as “what individuals would like to have.”, and further defended their stances for the Progressive Wage Model (PWM) and other measures to uplift lower-wage workers.
The government argued that “a universal wage floor is not necessarily the best way” to ensure decent wages for lower-wage workers.
The government’s statement also questions the methodology of the Minimum Income Standards (MIS) report, highlighting limitations such as its reliance on respondent profiles and group dynamics.
“The MIS approach used is highly dependent on respondent profiles and on group dynamics. As the focus groups included higher-income participants, the conclusions may not be an accurate reflection of basic needs.”
The joint statement claimed that the MIS approach included discretionary expenditure items such as jewellery, perfumes, and overseas holidays.
Lim Tean slams Government’s response to basic living income report
In response to the government’s defensive reaction to the recent basic living income report, Lim Tean, leader of the alternative party Peoples Voice (PV), strongly criticizes the government’s apparent reluctance to confront reality, stating, “It has its head buried in the sand”.
He strongly questioned the government’s endorsement of the Progressive Wage Model (PWM) as a means to uplift the living standards of the less fortunate in Singapore, describing it as a misguided approach.
In a Facebook video on Friday (15 Sept), Lim Tean highlighted that it has become a global norm, especially in advanced and first-world countries, to establish a minimum wage, commonly referred to as a living wage.
“Everyone is entitled to a living wage, to have a decent life, It is no use boasting that you are one of the richest countries in the world that you have massive reserves, if your citizens cannot have a decent life with a decent living wage.”
Lim Tean cited his colleague, Leong Sze Hian’s calculations, which revealed a staggering 765,800 individuals in Singapore, including Permanent Residents and citizens, may not earn the recommended living wage of $2,906, as advised by the MIS report.
“If you take away the migrant workers or the foreign workers, and take away those who do not work, underage, are children you know are unemployed, and the figure is staggering, isn’t it?”
“You know you are looking at a very substantial percentage of the workforce that do not have sufficient income to meet basic needs, according to this report.”
He reiterated that the opposition parties, including the People’s Voice and the People’s Alliance, have always called for a minimum wage, a living wage which the government refuses to countenance.
Scepticism about the government’s ability to control rising costs
In a time of persistently high inflation, Lim Tean expressed skepticism about the government’s ability to control rising costs.
He cautioned against believing in predictions of imminent inflation reduction and lower interest rates below 2%, labeling them as unrealistic.
Lim Tean urged Singaporeans to assess their own affordability in these challenging times, especially with the impending GST increase.
He warned that a 1% rise in GST could lead to substantial hikes in everyday expenses, particularly food prices.
Lim Tean expressed concern that the PAP had become detached from the financial struggles of everyday Singaporeans, citing their high salaries and perceived insensitivity to the common citizen’s plight.
Lim Tean urges Singaporeans to rethink election choices
Highlighting the importance of the upcoming election, Lim Tean recommended that citizens seriously evaluate the affordability of their lives.
“If you ask yourself about affordability, you will realise that you have no choice, In the coming election, but to vote in a massive number of opposition Members of Parliament, So that they can make a difference.”
Lim Tean emphasized the need to move beyond the traditional notion of providing checks and balances and encouraged voters to consider who could genuinely improve their lives.
“To me, the choice is very simple. It is whether you decide to continue with a life, that is going to become more and more expensive: More expensive housing, higher cost of living, jobs not secure because of the massive influx of foreign workers,” he declared.
“Or you choose members of Parliament who have your interests at heart and who want to make your lives better.”
Commentaries
Political observers call for review of Singapore’s criteria of Presidential candidates and propose 5 year waiting period for political leaders
Singaporean political observers express concern over the significantly higher eligibility criteria for private-sector presidential candidates compared to public-sector candidates, calling for adjustments.
Some also suggest a five year waiting period for aspiring political leaders after leaving their party before allowed to partake in the presidential election.
Notably, The Workers’ Party has earlier reiterated its position that the current qualification criteria favor PAP candidates and has called for a return to a ceremonial presidency instead of an elected one.
While the 2023 Presidential Election in Singapore concluded on Friday (1 September), discussions concerning the fairness and equity of the electoral system persist.
Several political observers contend that the eligibility criteria for private-sector individuals running for president are disproportionately high compared to those from the public sector, and they propose that adjustments be made.
They also recommend a five-year waiting period for aspiring political leaders after leaving their party before being allowed to participate in the presidential election.
Aspiring entrepreneur George Goh Ching Wah, announced his intention to in PE 2023 in June. However, His application as a candidate was unsuccessful, he failed to receive the Certificate of Eligibility (COE) on 18 August.
Mr Goh had expressed his disappointment in a statement after the ELD’s announcement, he said, the Presidential Elections Committee (PEC) took a very narrow interpretation of the requirements without explaining the rationale behind its decision.
As per Singapore’s Constitution, individuals running for the presidency from the private sector must have a minimum of three years’ experience as a CEO in a company.
This company should have consistently maintained an average shareholders’ equity of at least S$500 million and sustained profitability.
Mr Goh had pursued eligibility through the private sector’s “deliberative track,” specifically referring to section 19(4)(b)(2) of the Singapore Constitution.
He pointed out five companies he had led for over three years, collectively claiming a shareholders’ equity of S$1.521 billion.
Notably, prior to the 2016 revisions, the PEC might have had the authority to assess Mr Goh’s application similarly to how it did for Mr Tan Jee Say in the 2011 Presidential Election.
Yet, in its current formulation, the PEC is bound by the definitions laid out in the constitution.
Calls for equitable standards across public and private sectors
According to Singapore’s Chinese media outlet, Shin Min Daily News, Dr Felix Tan Thiam Kim, a political analyst at Nanyang Technological University (NTU) Singapore, noted that in 2016, the eligibility criteria for private sector candidates were raised from requiring them to be executives of companies with a minimum capital of S$100 million to CEOs of companies with at least S$500 million in shareholder equity.
However, the eligibility criteria for public sector candidates remained unchanged. He suggests that there is room for adjusting the eligibility criteria for public sector candidates.
Associate Professor Bilver Singh, Deputy Head of the Department of Political Science at the National University of Singapore, believes that the constitutional requirements for private-sector individuals interested in running are excessively stringent.
He remarked, “I believe it is necessary to reassess the relevant regulations.”
He points out that the current regulations are more favourable for former public officials seeking office and that the private sector faces notably greater challenges.
“While it may be legally sound, it may not necessarily be equitable,” he added.
Proposed five-year waiting period for political leaders eyeing presidential race
Moreover, despite candidates severing ties with their political parties in pursuit of office, shedding their political affiliations within a short timeframe remains a challenging endeavour.
A notable instance is Mr Tharman Shanmugaratnam, who resigned from the People’s Action Party (PAP) just slightly over a month before announcing his presidential candidacy, sparking considerable debate.
During a live broadcast, his fellow contender, Ng Kok Song, who formerly served as the Chief Investment Officer of GIC, openly questioned Mr Tharman’s rapid transition to a presidential bid shortly after leaving his party and government.
Dr Felix Tan suggests that in the future, political leaders aspiring to run for the presidency should not only resign from their parties but also adhere to a mandatory waiting period of at least five years before entering the race.
Cherian George and Kevin Y.L. Tan: “illogical ” to raise the corporate threshold in 2016
Indeed, the apprehension regarding the stringent eligibility criteria and concerns about fairness in presidential candidacy requirements are not limited to political analysts interviewed by Singapore’s mainstream media.
Prior to PE2023, CCherian George, a Professor of media studies at Hong Kong Baptist University, and Kevin Y.L. Tan, an Adjunct Professor at both the Faculty of Law of the National University of Singapore and the NTU’s S. Rajaratnam School of International Studies (RSIS), brought attention to the challenges posed by the qualification criteria for candidates vying for the Singaporean Presidency.
In their article titled “Why Singapore’s Next Elected President Should be One of its Last,” the scholars discussed the relevance of the current presidential election system in Singapore and floated the idea of returning to an appointed President, emphasizing the symbolic and unifying role of the office.
They highlighted that businessman George Goh appeared to be pursuing the “deliberative track” for qualification, which requires candidates to satisfy the PEC that their experience and abilities are comparable to those of a typical company’s chief executive with shareholder equity of at least S$500 million.
Mr Goh cobbles together a suite of companies under his management to meet the S$500m threshold.
The article also underscored the disparities between the eligibility criteria for candidates from the public and private sectors, serving as proxies for evaluating a candidate’s experience in handling complex financial matters.
“It is hard to see what financial experience the Chairman of the Public Service Commission or for that matter, the Chief Justice has, when compared to a Minister or a corporate chief.”
“The raising of the corporate threshold in 2016 is thus illogical and serves little purpose other than to simply reduce the number of potentially eligible candidates.”
The article also touches upon the issue of candidates’ independence from political parties, particularly the ruling People’s Action Party (PAP).
It mentions that candidates are expected to be non-partisan and independent, and it questions how government-backed candidates can demonstrate their independence given their previous affiliations.
The Workers’ Party advocate for a return to a ceremonial presidency
It comes as no surprise that Singapore’s alternative party, the Workers’ Party, reaffirmed its stance on 30 August, asserting that they believe the existing qualifying criteria for presidential candidates are skewed in favour of those approved by the People’s Action Party (PAP).
They argue that the current format of the elected presidency (EP) undermines the principles of parliamentary democracy.
“It also serves as an unnecessary source of gridlock – one that could potentially cripple a non-PAP government within its first term – and is an alternative power centre that could lead to political impasses.”
Consistently, the Workers’ Party has been vocal about its objection to the elected presidency and has consistently called for its abolition.
Instead, they advocate for a return to a ceremonial presidency, a position they have maintained for over three decades.
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