Public Access to Judgments of Tribunals and Financial Industry Disputes Resolution Centre, and Potential for Searchable Database
Ministry of LawSpeakers
Summary
This question concerns MP Gerald Giam Yean Song’s inquiry into the accessibility of judgments from the Small Claims Tribunals (SCT), Employment Claims Tribunal (ECT), and Financial Industry Disputes Resolution Centre (FIDReC). Minister for Law K Shanmugam responded that the Courts currently provide SCT and ECT judgments only upon request to balance timely justice with confidentiality, though published guides are already available. He noted that the Ministry of Manpower is reviewing ECT publication and the State Courts are studying the feasibility of publishing selected anonymized SCT and ECT judgments without prior requests. Regarding FIDReC, the Minister explained its decisions are not published due to the confidential nature of its independent processes, though it releases case studies and annual reports for transparency. Ultimately, the Government and Judiciary continue to explore technological solutions and process improvements to enhance public access to justice and support claimants in navigating tribunal proceedings.
Transcript
15 Mr Gerald Giam Yean Song asked the Minister for Law (a) what percentage of judgments delivered in the Small Claims Tribunals, Employment Claims Tribunal and Financial Industry Disputes Resolution Centre are publicly accessible; and (b) whether the Ministry will consider establishing a searchable database of tribunal decisions and widely publicise its existence to enhance transparency in dispute resolution and access to justice for individual claimants.
Mr K Shanmugam: In general, the Executive leaves it to the Courts to decide on which judgments to publish. The Courts have decided that judgments delivered in the Small Claims Tribunals (SCT) and Employment Claims Tribunals (ECT) need not be published. The Courts' position is that they may make judgments available to any individual, whether a party or a non-party to the SCT or ECT proceedings, upon request.
The Courts have explained that this approach strikes a balance between helping the public understand the law and how it is applied, ensuring that the tribunals continue to dispense justice in a timely manner and maintaining the confidential nature of some proceedings. SCT and ECT have published guides to help the public understand the types of disputes adjudicated by SCT and ECT, and to navigate Court processes. The Courts have said that there are also efforts by them to leverage on advances in technology to help the public with their claims.
As mentioned previously in Parliament, the Ministry of Manpower is reviewing the publication of ECT judgments. Further, the State Courts have indicated that they are also considering the feasibility of publishing selected SCT and ECT judgments on an anonymised basis, without a prior request being made.
The Financial Industry Disputes Resolution Centre (FIDReC) is an independent alternative dispute resolution centre that seeks to promote amicable and fair outcomes in disputes between consumers and financial institutions. FIDReC is neither part of the Government nor the Judiciary. We understand that FIDReC adjudication decisions are not published as its processes are confidential and conducted without prejudice. Instead, FIDReC publishes case studies and annual reports on their website that include learning points for the public. We have conveyed the Member's feedback to FIDReC.