Legal Framework for Settling Disputes between Neighbours

Sir, I think Members can agree that neighbour disputes are not infrequent. We live in close proximity, people cherish their quiet time and space, and when that is infringed, disputes arise. How should the law deal with such disputes or should it deal with it at all?

If an offence is committed, you can get prosecution, and punishment meted out. If there are wrongful acts, you can get civil action for damages or injunction. The trouble is that the traditional legal framework may not always be the most appropriate or adequate. The legal process itself can be long drawn out. It is adversarial in nature, and it is not often easy to get amicable solutions. The proceedings may themselves also not be the most cost effective to deal with day-to-day disputes between neighbours.

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So, if you want to think of an effective framework, it has to go beyond what is traditionally available in the law. I think one important component of our current framework is community mediation where volunteers are trained as mediators. They try and bring parties together to reach common understanding. The process is voluntary. There is a good rate of success − about 70% of the cases are successfully mediated, and a few hundred cases have been mediated every year since 2009. The weakness or the drawback of mediation is that it is voluntary. If one party does not want to come for the mediation, there is not much you can do. So, the question is, how can we improve on this framework as we go forward?

It is really at a very conceptual stage, and we are considering, firstly, strengthening the mediation process where we get people to mediate their disputes, and then getting them to abide by the understandings that have been reached. The second approach is to try and develop norms of conduct between neighbours which need to be specific enough to be meaningful, but also take into account the complexities of urban life and that includes close proximity. And then encourage the residents to abide by these norms, and introduce effective and properly calibrated sanctions if the norms are breached.

We are assessing whether these ideas are workable and feasible, and we will update the House. I think we have got to be realistic in that legislation and regulation can only do so much. Ultimately, the responsibility for creating a neighbourly and pleasant living environment lies with each individual.

Sir, by and large, we know that most of our neighbours observe the acceptable social norms. However, there will always be a very small minority that would cause a significant social nuisance to their neighbours on a prolonged basis. Sometimes, really, no amount of mediation, education or grassroots engagement can change the behaviour of such neighbours. So, would the Minister agree that, perhaps, we need some form of local regulation, maybe some powers devolved to the local agencies to impose some form of penalty? In Hong Kong, there is a demerit point system for the public housing. I would like to ask the Minister whether that will be suitable for Singapore.

Sir, the essence of my answer was that we are considering some form of framework. The precise framework is not settled. There are other countries which have this, the United Kingdom, Hong Kong, as the Member mentioned. That is being studied, as I have pointed out in my answer. It is at a very conceptual stage and no decisions have been reached. We have to be satisfied with what is workable before we can do anything.

I would like to ask a simple supplementary question. Is there a time frame that the Minister is looking at for this conceptual framework and whether it is possible to be implemented in Singapore soon?

The Member will appreciate first that this is not under either of my two Ministries. I am answering the question because I was foolish enough to put it on my Facebook, thinking aloud. [Laughter] And so the Ministry has asked me to respond to the Member. I think time limits are going too far. The Member should ask the Minister concerned.

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