COVID-19 (Temporary Measures for Solemnization and Registration of Marriages) Bill

Order for Second Reading read.

4.56 pm

The Minister for Social and Family Development (Mr Desmond Lee): Mr Speaker, I beg to move, "That the Bill be now read a Second time".

As a result of the COVID-19 pandemic, we have had to curtail and change many aspects of life that we are used to – school and work, but also family life and daily routines. Many of us have had to adjust our plans or put them on hold. We have had to accept greater uncertainty in our lives.

During the circuit breaker period, 2,723 couples were originally scheduled to have their solemnisations between 7 April and 1 June this year. However, as marriage solemnisations must currently be conducted in person, many have had to postpone their solemnisations. This includes both civil and Muslim marriages. I would like to thank these couples for their patience and understanding during these difficult times. It is not easy to cope with the uncertainty, especially for important life events, such as getting married and starting a family.

While some couples may prefer to wait until it is safer to celebrate their big day in person with family and friends, others may not wish to wait any longer or may face extenuating circumstances that make postponement challenging. We want to support them.

I am, therefore, putting this Bill before the House. If passed, it will allow marriage solemnisations and registrations for both civil marriages under the Women's Charter and Muslim marriages under the Administration of Muslim Law Act (AMLA), to be performed through a live video or live television link during the COVID-19 period. This will give eligible couples the option of making their statutory declarations and having their marriages solemnised via video link if they prefer not to wait to do so in person.

I will now highlight the key provisions of this Bill.

First, clauses 2(1), 2(4), 3(1), 3(2), 3(3) and 4 will make it clear that certain key processes relating to marriage, which currently must be done in person, may be done via video link instead and will be equally valid under the law.

This applies to the verification of documents and the making of statutory declarations by the couple as well as the wali in the case of Muslim marriages, which currently must be done by the couple in the physical presence of a Commissioner for Oaths. This also applies to the solemnisation of marriages. While the temporary measures are in force, we will dispense with the requirement for the couple, witnesses, wali, as well as the licensed solemniser, Kadi or Naib Kadi to be physically present at the solemnisation venue.

Second, we will put in place safeguards to ensure that only legitimate marriages are solemnised and registered through video link. For example, there may be a small number of cases where the identities of the couple and relevant parties cannot be easily ascertained over video link, or where the case may involve a potential marriage of convenience, or parties possibly being coerced into marriage.

Therefore, clauses 2(1) and 3(1) will give the Registry of Marriages and the Registry of Muslim Marriages the discretion to decide whether a video link can be used for verification and statutory declarations, as well as marriage solemnisations, for each marriage application. This enables the Registrars to ensure that cases that require more careful scrutiny are still handled in person, when it is safe to do so.

Besides this broad discretion, we will also put in place several key criteria.

First, the Registrars must be satisfied that the overall administrative and technological facilities and arrangements are sufficient to ensure that the marriage is legitimate. This includes ensuring that all parties involved have access to a computer or other smart devices that enable all parties to be adequately seen and heard and have their identities verified.

Second, consistent with the law today, the couple, their witnesses and, in the case of Muslim marriages, the wali, must all be physically present in Singapore.

Third, couples presenting foreign-issued documents for verification will still need to do so physically. This ensures greater scrutiny can be given to the veracity of the documents and the identities of the parties. As a start, we are also prioritising video link processes to marriages involving at least one Singapore Citizen or Permanent Resident.

I will add that while the Bill allows for solemnisations via video link to take place, it remains up to the solemniser and the couple to decide if they are comfortable and confident with doing so. Even with this option in place, we will seek to conduct solemnisations in person when it is safe to do so.

Finally, to help couples cope with the uncertainty arising from the COVID-19 situation, we will also be extending the amount of time that couples have to get married after filing a notice of marriage under the Women’s Charter.

Currently, couples have to get married within three months from the date that they file their notice of marriage.

During the COVID-19 pandemic, many couples have had to cancel their notices as they were unable to proceed with their wedding within the three-month period. There are also other logistical arrangements that need to be considered, such as the booking of wedding venues, photography, wedding gowns, wedding suits and so on.

Given the uncertainty over when the COVID-19 pandemic may end, clause 2(2) will allow couples to get married within 12 months from the date of filing their notice of marriage, instead of the current three months. This means that marriage notices filed up to three months before the commencement of this Act, and which have not been cancelled or not expired, will automatically have their validity extended to 12 months. Couples do not need to re-apply for this extension.

We hope that the extension of the validity of the marriage licence will allow couples greater flexibility in planning their marriage solemnisation date as well as reduce the administrative burden.

The temporary measures effected by this Bill will apply and last until the COVID-19 pandemic improves. If these temporary measures to allow the marriage process to be carried out via video link prove to be well received by couples and we are satisfied that there is no compromise to the integrity of the marriage process, we can consider extending this option beyond the COVID-19 period. This will require an amendment to the Women’s Charter and to AMLA. Mr Speaker, allow me to speak in Chinese.

(In Mandarin): [Please refer to Vernacular Speech.] As the COVID-19 pandemic evolved, we have had to put in place different measures to respond effectively. We have had to change many aspects of life that we are used to. Many of us had to adjust our plans or put them on hold.

Currently, marriage solemnisation must be conducted in person. As a result, many solemnisations have had to be postponed during the circuit breaker period.

The COVID-19 (Temporary Measures for Solemnization and Registration of Marriages) Bill will allow marriage solemnisations and registrations for both civil marriages under the Women's Charter and Muslim Marriages under the Administration of Muslim Law Act or AMLA, to be performed through a live video link during the COVID-19 period. This will give couples the option of making their statutory declarations and having their marriages solemnized via video link, if they prefer not to wait to do so in person.

There are a few conditions. First, the couples, their witnesses, and in the case of Muslim marriages, the wali, must be physically present in Singapore.

Second, couples presenting foreign-issued documents for verifications will still need to do so physically. This ensures that greater scrutiny can be given to the veracity of the documents and the identities of the parties.

Third, the Registrars will still have the power to require any couple to go through the marriage processes physically instead of through video link. This enables the Registrars to ensure that cases that require more careful scrutiny are still handled in person, when it is safe to do so.

(In English): Mr Speaker, Sir, in conclusion, it is vital during these trying times for us to ensure that Singaporeans can continue with key life milestones, with precautions and safeguards put in place. We have to adapt to the current climate, and prepare ourselves for possible new norms in our social lives. Through process re-engineering, tapping on innovation and technology and making adjustments to the way we conduct our lives, it is possible for us to cope, adjust and adapt, even under the cloud of the global pandemic.

We hope that this Bill will give couples more options to plan their next step in life and reduce the disruption arising from COVID-19.

We understand that this period has caused a lot of uncertainty and concern to couples who are planning to get married. The teams at ROM and ROMM have been working hard to reach out to couples who have had their wedding plans affected, to work with them to postpone their weddings and work out alternative arrangements. From 1 March to 30 April this year, ROM and ROMM have reached out to about 3,500 couples. Besides thanking these couples for their understanding and patience during this period, I would also like to record my appreciation for the hard work of our frontline officers at both ROM and ROMM who are supporting and helping our couples. Mr Speaker, Sir, I beg to move.

Question proposed.

5.08 pm

Ms Joan Pereira (Tanjong Pagar): Mr Speaker, the COVID-19 pandemic and the implementation of the circuit breaker measures have affected many of those planning to get married this year. Marriage is one of the most important milestones in life. We need to take urgent steps to ensure that Singaporean couples can proceed with their marriage plans and be supported in their new family lives, despite the challenging circumstances.

All over the world, marriage solemnisation, in all its different formats, has usually involved the couple, their families, friends, well-wishers and a solemniser gathering at a formal ceremony. However, now, during such unprecedented times, we have to adapt. We are fortunate in being able to tap on technology to do so safely – by enabling marriages to be solemnised remotely through video links, without the need for couples to be present at the Registry of Marriages (ROM) or the Registry of Muslim Marriages (ROMM), or be in the physical presence of marriage solemnisers, religious leaders and witnesses.

While such an arrangement may have certain risks, I am confident that we are keeping these to a minimum by limiting this process to couples presenting Singapore-issued documents for verification and only allowing couples where at least one person is a Singaporean or Permanent Resident.

I used to be a solemniser when I was working at the People Association’s Family Life Unit. Many couples whom I solemnised sought advice and I even provided counselling to some. They appreciated this as I shared my own marriage and family life experience and they found it very helpful. Couples who have attended marriage preparation programmes prior to their marriage registration would have learnt about couple communications and problem-solving skills. For those who have not, the solemnisation process presents an opportunity for the solemnisers to offer such important advice and share valuable personal experiences in person.

I hope that with solemnisation conducted via video links, this important part of the process shall be required to remain incorporated as well. Sir, in Mandarin.

(In Mandarin): [Please refer to Vernacular Speech.] Many couples whom I solemnised, sought advice from me and I even provided some counselling to some of them. They appreciated this as I shared my own marriage experiences and they found it helpful. Couples who have attended marriage preparation programmes prior to their marriage registration would have learnt about couple communications and problem-solving skills. For those who have not attended such programmes, the solemnization process presents an opportunity for the solemnizers to offer such important advice and share valuable personal experiences. I hope that with solemnization conducted through video links, this important part of the process shall be required to remain incorporated as well.

(In English): For couples who are interested, solemnisers are an important connector who can point them to resources where they can get further support in their new married lives, including marriage preparation programmes which are also available to married couples. It is never too late to learn more about communication, conflict-resolution, household financial management skills, family planning and health screening, how to relate to in-laws, and more.

Solemnisers can also promote customised service for the unique circumstance of each couple and point them to the relevant Government agency or Ministry should they require further support for this new stage of their lives. All these advisories and support are crucial for laying a robust foundation for strong marriages and families in Singapore.

Lastly, I would like to ask if certain documents which hopeful couples need to submit for the marriage registration could be transferred digitally between Government agencies. This could help expedite application and registration processes and reduce red tape. I look forward to the Minister’s clarifications and conclude with my support for the Bill.

5.13 pm

Mr Christopher de Souza (Holland-Bukit Timah): Mr Speaker, Sir, it is good that even in these difficult times, we put in place measures so that people in Singapore can continue to get married. Marriage celebrations and ceremonies are often rich in tradition, heritage and cultural significance. But even where such celebrations are not possible during this period of time, at least that part of the marriage that confers a legal status can still be carried out. This is because there is a legal significance to marriage, bringing along rights, responsibilities and some privileges. For instance, the ability to obtain public housing, certain tax reliefs, adoption of children, immigration and so on. Because of the importance family life and the family unit has to Singapore, it is good that we can have such a Bill to allow marriages to continue taking place even during this time.

The specified period for this Bill is defined in clause 2(6) and clause 3(5) as, one, “any period a control measure is in force”; or, two, “any further period that the Minister, having determined that it is necessary or expedient for the purposes of conducting any matter under this section in a safe and efficient manner and to prevent the spread of COVID-19, prescribes by order in the Gazette.”

Although not required by statute, I hope the Minister will regularly review the situation and whether the need for the alternative arrangements under this Bill still persists or not. Many couples look forward to celebrating their what is often once-in-a-life-time ceremony. While the couple may not be familiar with the solemniser, their witnesses are often their parents, family members or closest friends. A marriage is a significant milestone for families, and the couple may not just desire but also feel it only right and fair that families and parents from both sides be physically present to witness the solemnisation of their marriage. After all, marriage is the legal union between a man and a woman, husband and wife. It reflects the foundational family unit in our society. From marriages, we have children. Children have brought us joy, even in difficult situations, such as those that we are facing now.

Sir, I would like to seek a number of clarifications of the Minister. They are in relation to clause 2(3) of the Bill which seems to provide for a situation where a notice of marriage may be cancelled during the extended period.

Allowing for cancellation of a notice of marriage is different from what is currently provided for in the law. Currently, when a notice of marriage is filed, the parties are not able to cancel it but have to wait for the three months to lapse if they no longer wish to proceed further towards solemnisation of their marriage. So, my first clarification is: are we going to allow parties to cancel their notice of marriage?

Following on from this, if we are allowing them to cancel their notice of marriage, what is the legal mechanism for it and under what circumstances can they cancel it? Currently, the Women's Charter does not provide for the cancellation of a notice of marriage. This position is also reflected in the Registry of Marriage's Frequently Asked Questions. Since the law, as it currently stands, does not provide for cancellation, the other possible place for such a power would be this Bill that we are debating today. However, this is not clear. While it provides that the Registrar can impose conditions relating to the use of remote communication technology under clause 2(1)(c), it does not convey rule-making power to the Minister. Therefore, to repeat my second clarification, if we are allowing parties to cancel their notice of marriage, what is the legal mechanism for it and under what circumstances can they do so?

My third clarification, is, if we are going to change the law to allow parties to cancel their notice of marriage, why are we making such a change? Allowing it to be cancelled is a material change to the effect of such a notice. Being locked in for a period of three months without being able to cancel a notice is different from having a notice last for 12 months and being able to cancel it at any point in time. The effect this has on parties deciding to file a notice of marriage would be different. Filing a notice of marriage is the first step towards a marriage that is recognised by civil law. Marriage is a lifetime commitment and, according to Article 94(2) of the Women's Charter, newly-wedded couples are not able to obtain a divorce within the first three years unless there is exceptional circumstance.

Since marriage is such a long-term commitment, it would seem, at least at first glance, a little strange to change the law to allow a notice of marriage to be entered into less seriously, as parties are able to cancel it at any time instead of being locked-in for a certain period of time until the notice lapses. Therefore, if we are going to change the law such that parties may cancel their notice of marriage, why are we making such a change? Another possibility could be to retain the position that notices cannot be cancelled and, instead, only apply the time extension of 12 months to notices filed after the commencement of this Act.

In conclusion, this Bill supports the institution of marriage which is important to our country. It is good that marriages can continue to happen during the COVID-19 crisis. Notwithstanding the clarifications I seek, I support this Bill.

Mr Speaker: Dr Intan Azura Mokhtar.

5.20 pm

Dr Intan Azura Mokhtar (Ang Mo Kio): Thank you, Mr Speaker, for the opportunity to speak on this Bill.

The current COVID-19 situation has disrupted our lives on many fronts – work, school, businesses, our social lives and significant life events, be it birthdays, funerals or weddings.

With the current circuit breaker measures in place, I understand that quite a number of marriage registrations and solemnisations have had to be postponed.

However, we cannot delay marriages indefinitely. Hence, to allow Singaporeans to get married safely during this period, this Bill will allow marriage solemnisation and registrations for both civil marriages under the Women's Charter, and Muslim marriages under the Administration of Muslim Law Act, to be conducted virtually, while the COVID-19 circuit breaker and control measures are in place.

Currently, the verification of documents, making of statutory declarations and solemnisation of the marriage have to be done in person. With the provisions made in this Bill, the above can be done virtually and through online means.

While I support the flexibility accorded for marriages to take place during this period of restrictions in movement and interactions, I do have several concerns and clarifications that I hope can be addressed.

One, for civil marriages, will our Licensed Solemnisers be provided with some form of training to help them carry out their duties through virtual or online means? This training could be in the form of online courses and videos that they ought to undergo and complete prior to solemnising a civil marriage through virtual means henceforth.

Two, to what extent have the current circuit breaker measures in place disrupted marriage plans, both civil marriages and Muslim marriages? How many marriages have had to be postponed and were there appeals for some of these marriages to be solemnised as soon as possible?

Three, Muslim marriages are also religious rites and, traditionally, this has involved many aspects and significant individuals in the bride and groom's life, such as requiring the Kadi or Naib Kadi, the marrying couple, the Wali and required witnesses to gather. How will these temporary measures account for the religious aspects of a marriage? Will virtual marriages be regarded as religiously married for Muslims?

Four, for Muslim marriages that require the involvement of many more individuals, again, the Kadi or Naib Kadi, the Wali and the required witnesses, how do we ensure that all of them can be virtually present with the required technological tools and Internet connection, for instance? Are there plans to provide the Kadi or Naib Kadi and required witnesses centrally from the Syariah Court, for example, to ensure that they are equipped with the required technological tools and Internet connection in order for the Muslim marriage to be solemnised virtually?

I look forward to the response from the Minister on my questions above. Notwithstanding that, I support the Bill.

Mr Speaker: Minister Masagos.

5.23 pm

The Minister-in-charge of Muslim Affairs (Mr Masagos Zulkifli B M M): Mr Speaker, I would like to thank the Members for supporting the Bill and address the questions raised on Muslim marriages.

Since the start of the circuit breaker on 7 April, close to 200 Muslim couples have had to postpone their solemnisation and registration plans to reduce the risk of community transmissions of COVID-19. For these couples, the disruption has been disappointing as marriage is a major life event, and we thank them for their civic-mindedness in putting the collective safety of Singaporeans first.

With this Bill, the intention is to leverage available technology to give couples the option of continuing with their marriage solemnisation and registration, even as we continue to observe stringent social distancing measures.

To answer Dr Intan's question, ROMM will train and assist Kadis and Naib Kadis to ensure they are able to use remote technology during this period. As part of the approval process, the Registrar must check that the parties have the necessary technical facilities where they reside. Couples who are not eligible for these remote processes may still apply for in-person solemnisations when it is safe to do so. Regardless, I would like to stress that even for those who qualify for video link solemnisations, physical receptions and celebratory gatherings must continue to be postponed until it is safe.

Throughout our fight against COVID-19, Singaporeans have had to change our usual ways and adopt new social norms. In our community, we adapted the way we salam to minimise human contact and avoided congregational prayers in the mosques during this period. The adaptations we have made to our social and religious norms do not make us any less of a Muslim and, similarly, adaptations to the way we conduct Muslim marriage processes do not mean that we do not observe religious imperatives. Mr Speaker, in Malay, please.

(In Malay): [Please refer to Vernacular Speech.] Dr Intan also asked whether these temporary measures take into account the conditions for marriage from a religious standpoint and whether video link marriages be will regarded as valid from a religious perspective. The spirit of the Administration of Muslim Law Act or AMLA is to facilitate the religious way of life for Muslims in Singapore. I would like to assure the House that the proposed amendments will keep to this spirit. The Government has consulted the Office of the Mufti, which has since issued an Irsyad stating that video link arrangements will not affect the validity of a marriage from a religious standpoint. ROMM will also provide guidelines to the Kadis and Naib Kadis on ways to conduct solemnizations through video links.

I am also heartened that our asatizah are taking progressive and practical steps to fulfil the needs of Muslims in Singapore during these challenging times. This is in line with developments in Muslim communities around the world. For instance, in India, Indonesia, the United Arab Emirates (UAE) and Malaysia, Muslim couples have already embraced the use of remote technology for solemnizations.

The COVID-19 pandemic has posed an unprecedented challenge to us all. But together, we will do our best to minimise disruptions to the lives of Singaporeans, without compromising our collective safety.

(In English): Mr Speaker, I support this Bill. I would like to call on Members of the House to do the same.

Mr Speaker: Minister Desmond Lee.

5.28 pm

Mr Desmond Lee: Mr Speaker, Dr Intan asked for the number of civil and Muslim marriages postponed due to the circuit breaker. Between 7 April and 1 June 2020, a total of 2,723 marriage solemnisations were originally scheduled: 365 of these were Muslim marriages and the remaining 2,358 were civil marriages. About 1,100 civil marriages and close to 200 Muslim marriages have so far been postponed, and most of the remaining would also have to be postponed if there is no video link option.

Dr Intan asked whether Licensed Solemnisers will be provided with training to solemnise civil marriages via video link. Indeed, as this is a new process, it is important to make sure that solemnisers are comfortable and confident performing solemnisations over video link and to ensure that the process is done properly so that the solemnisation is valid. ROM will be providing a set of guidelines and a basic training video to all Licensed Solemnisers called upon to solemnise marriages through video link. They can also approach ROM if they have any queries.

Ms Joan Pereira asked whether solemnisers could tap on the video link to offer marital advice to couples as they embark on their marriage journey. I agree that this is an important role that solemnisers play beyond the process of solemnising the marriage itself.

Like the current in-person process, solemnisers can certainly share marital advice during the solemnisation process through video link. If they feel that more time is needed, the couples and solemnisers are able to contact one another remotely, before or after the solemnisation.

Mr Christopher de Souza commented on the need to regularly review the COVID-19 situation and whether there is still a need to allow for marriage solemnisation through video link. I would like to clarify that the option to conduct marriage solemnisations via video link is an option for couples during these uncertain times. Those who can wait and prefer to solemnise their marriage in person can still do so when it is safe to do so. We will also review the need for these temporary measures regularly, taking into account the COVID-19 situation.

Mr Christopher de Souza also asked whether the new Bill allows parties to cancel their notice of marriage, the rationale for doing so and under what circumstances notices of marriage can be cancelled.

I fully agree with him that filing a notice of marriage holds particular meaning by signifying that the couple has made a considered decision to enter into marriage. Under normal circumstances, when a couple files a notice of marriage, they need to wait till after the three-month notice period lapses if they wish to reschedule their marriage to a much later date beyond the three-month period. However, due to the fluidity and uncertainty posed by the COVID-19 pandemic, we would like to provide couples with more flexibility to plan their marriages. We provide this in two ways.

First, we are extending the validity of the notice of marriage from three months to 12 months to help couples who need to push back their wedding date. With a longer validity period, couples need not repeatedly file notices of marriage and wait for the mandatory 21-day period for each notice to be over before they proceed to get married.

Second, we are also allowing couples to submit applications to the Registrar to cancel the notice of marriage if there are valid reasons to do so, such as the need to postpone their marriage till much later. Each application for cancellation will be reviewed by the Registrar before the Registrar cancels the notice. I would like to reassure Members that the Registrar will not allow frivolous applications to cancel notices of marriage.

Let me thank Members who have expressed their support for the Bill as well as all our Licensed Solemnisers who continue to volunteer their time in this important first step of a couple's marriage. As I have said earlier, it is important during these challenging times that we ensure that Singaporeans can continue with their lives, especially for key life events like marriage. This Bill ensures that couples can continue to get married and embark on a new stage in life together by tapping on technology and keeping to the necessary precautions. I seek Members' support for this Bill. Mr Speaker, Sir, I beg to move.

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. – [Mr Desmond Lee]

Bill considered in Committee; reported without amendment; read a Third time and passed.