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Enhanced haze law 'not a silver bullet', international cooperation remains crucial: Grace Fu

LaksaNews

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SINGAPORE: The enhancements to Singapore's Transboundary Haze Pollution Act (THPA) are not a silver bullet for tackling haze pollution, and international cooperation remains crucial, said Minister for Sustainability and the Environment Grace Fu on Wednesday (Nov 4).

In closing the debate in parliament on the Bill, Ms Fu addressed a range of concerns from Members of Parliament, including how the expanded powers would be exercised and their potential impact on businesses.

A total of 24 MPs – 14 from the People's Action Party (PAP), seven from the Workers' Party (WP) and three Nominated MPs – sought clarifications about the proposed changes to the law.

“The THPA is not a silver bullet. It is one of many tools we must use to address the transboundary haze situation,” she said of the law that first came into force in 2014.

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The Bill was passed unanimously after a debate that lasted about six hours.

Ms Fu said that even with the expanded powers in the legislation, Singapore can expect challenges in exercising them. However, the government is committed to doing what it can within its powers to reduce incentives for unsustainable forestry and agricultural practices, she added.

“I emphasise that in doing so, the realities require us to accept the limitations of our laws and our agencies’ reach on conduct outside of Singapore,” said Ms Fu.

“We seek to work collectively with foreign agencies. Our law enforcement powers do not extend into other countries' borders, and we respect the laws and sovereignty of every state, just like how we would not accept foreign laws infringing on our sovereignty.”

MEASURED AND TARGETED POWERS​


In her closing speech, Ms Fu assured MPs that the National Environment Agency (NEA) will implement its expanded powers in a “measured and targeted” manner.

Addressing MPs who asked for more details on how the assessment and designation process will work, she explained the criteria for issuing directions to appoint assessors.

These will apply to three categories of entities – those who have been convicted of an offence or fail to comply with actions under the Act, those that are known to or suspected to have had business dealings with entities in the first category, and those that are known to or suspected to be “sufficiently related” to entities in the other two categories.

“We will be measured and targeted in who we issue these directions to. The goal is to ensure that we have the means to assess the risks posed by entities operating in sectors or industries that tend to contribute to haze pollution in Singapore,” said Ms Fu.

The government will also be clear about what assessors need to do and how they will work with the identified entities, with detailed rules to be set up in subsidiary legislation, she added.

Depending on the results, NEA may direct the company to take remedial action, publicise that it received an adverse or qualified report, prosecute it for an offence, designate it or put the entity on notice, said Ms Fu.

She also confirmed that the proposed amendments would not override legal advice or litigation privilege.

Among the MPs who raised the issue of proportionality in enforcement was MP Jessica Tan (PAP-East Coast), who asked the minister about the safeguards to ensure fairness.

"Prevention must be swift, but accuracy matters too," she said, while asking Ms Fu how haze risk will be assessed.

This is especially significant as it may affect Singapore's commercial relationships, financing arrangements and business operations, added Ms Tan.

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