Debated in Parliament on 11 Jan 2022.
Thank you. Both powers under section 50I(3) of the Prisons Act and section 326 of the CPC, serve to ensure justice takes its course. SPS will exercise such powers judiciously and no inmate’s release will be deferred by more than what is necessary for carrying out the Court-ordered punishment. This means that the inmate concerned will be caned at the earliest possible instance and released soonest thereafter.
Ms Nadia Samdin asked if the processing time of correspondence between inmates and their families would be affected.
The answer is no. This relates to the communication part. We do not foresee any changes to the processing time needed for written correspondence between inmates and their loved ones as the screening process will not be affected.
Mr Leon Perera asked about the checks and balances in place for the new regulations on inmates’ correspondence.
As I mentioned in my opening speech, correspondences will only be withheld when they undermine the security or good order of the prison or incite the commission of any offence.
Prison officers are mindful of the sensitivities involved in processing and screening inmates’ correspondence. While every attempt is made to preserve the confidentiality of inmates’ letters, any content with security implications will be surfaced for consideration by a superior officer, to decide if the letter should be withheld. He also asked how the prescribed persons would know if the information crosses the threshold. MHA is still reviewing the type of information that breaches the threshold. However, I had provided some clear examples in my speech earlier.
On another part, I would just like to share that the Prisons Act does not prescribe any punishment for breaching these provisions. We would also like to clarify that these amendments are not an attempt to stop inmates' communication and prevent them from speaking out about genuine grievances or give feedback. Based on the example provided by the hon Member, where an inmate communicates about his injuries suffered in prison, we will not withhold or redact such correspondence, unless it is assessed to affect the security or good order of the prison or incite the commission of an offence. Therefore, the context of the communication is important to the facts of the case.
So, when the correspondence written by an inmate is withheld, he will be informed and he will be given a letter-form to re-write his letter if he chooses to do so. An inmate will also be informed if any correspondence addressed to him is withheld. The inmate may ask his personal supervisor as to why the letter was withheld and the reason will be shared with the inmate.
On whether the new provisions on controls to inmates' correspondence will have specific carve-outs for any groups, including lawyers, the new provision on control of inmates' correspondence is intended to enable SPS to regulate information that affects the security or good order of the prison or incites the commission of a new offence. We do not intend to exempt any group or persons, including lawyers, from this provision.
Let me address the other issues raised by Members. Mr Leon Perera also asked if SPS could provide financial literacy courses. This is already being done as part of the pre-release programme. SPS also works with community partners to run enrichment programmes for inmates on the EmPS, including financial literacy programmes.
He also asked about if SPS could partner other banks, besides POSB, to set up bank accounts. We assessed that currently, this is sufficient, as POSB is commonly used. Having said that, we will monitor the demand and situation.
He also asked about the allowances and the salaries the inmates get. I would like clarify that there is a difference between work programmes in prison and work in the community. For work programmes in prison, they are given allowances. If they work in the community, YRSG will match the inmates to jobs that offer market-rate salaries.
He also asked if the Employment Act applies to inmates working on the EmPS. The answer is yes. So, when they are working in the community, they have a contract of service and share an employer-employee relationship with the company and thus, they are protected under the Employment Act.
He also asked one question that I have covered in my Malay speech, whereby he asked what about those inmates without family support. As I said in my Malay speech, inmates without strong family support may still be emplaced on the EmPS. However, they may not progress to the home leave phase. So, for these inmates, they can continue to reside at the Work Release Centre throughout EmPS.
So, we will do our best to give the opportunity to all eligible inmates because we believe that as part of the rehabilitation and reintegration process, the support from the family, community and employment is very important. I met many people who really have given very good support to what we are doing with regard to the EmPS and they realise that this will help to enhance the skills and the opportunities of the inmates.
Mdm Deputy Speaker, Members have also spoken extensively about the stigma that inmates and ex-offenders face. Mr Murali Pillai went a step further to suggest that talented ex-offenders be given a chance to perform at NDP 2022 and we thank him for his suggestion. We will continue to galvanise the community and employers to act together for second chances.
Through community-based programmes such as the EmPS, we hope that inmates have the opportunity to boost their work experience, improve their education, or deepen their skillsets. Eventually, these will help them to create long-term career development and mobility, allowing them to show that they are contributing individuals at work and to an accepting society.
Mr Perera mentioned about the five-year recidivism rate, which is about two times higher than the two-year recidivism rate. We agree that there is room for improvement, that is why we want to implement new programmes such as the EmPS to improve this rate. However, SPS and YSRG cannot do this alone over the longer timeframe. We need even stronger support from this House, families, the community and an accepting society. Mdm Deputy Speaker, I beg to move.
I was going to say that I thought that the Minister of State was very thorough, and we did not need clarification, but I see a hand. Mr Perera, please keep it short.
Thank you, Mdm Deputy Speaker. I agree the Minister of State was very thorough and I do not intend to take up more of the House's time. In fact, all my points and questions have been raised, except one.
I just wanted to come back to one question I had at the end of my speech, which is on the powers that the Government now has to interdict correspondence or redact or review correspondence. I just wanted to ask for the Minister of State's assurance that whatever correspondence that an inmate has with his or her lawyer or even with other persons – that information, under our current laws and regulations, could never be and would not be used and relayed on to third parties, such as the AGC, for example, to confer some kind of legal advantage in the proceedings that follow.
I just wanted to get that assurance that that is not something that could possibly happen right now.
Madam, I would like to assure the Member that that will be so.
*Question put, and agreed to.*
*Bill accordingly read a Second time and committed to a Committee of the whole House.*
*The House immediately resolved itself into a Committee on the Bill. – [Assoc Prof Dr Muhammad Faishal Ibrahim.]*
*Bill considered in Committee; reported without amendment; read a Third time and passed.*