Mr Speaker, Sir, what is the true industrial relations situation? Are the workers suppressed or are the employers terrorised? Neither proposition describes the real situation. But apparently the former Minister for Labour has quite suddenly come to think that the workers have gone out of hand and must be straightened up by harsh administrative and legal sanctions. It is also apparent that he has not given a factual account of the real situation. Those who are deeply involved and concerned with industrial relations will readily say that labour and management have matured since the turbulent years of the 1950s. From Labour Department sources we gather that there are fewer and fewer strikes and lock-outs. The number of work-stoppages for each year since 1955 are as follows: - 1955 - 275 1962 - 88 1956 - 29 1963 - 47 1957 - 27 1964 - 39 1958 - 22 1965 - 30 1959 - 40 1966 - 14 1960 - 45 1967 - 30 1961 - 116 In the first five months of 1968 there have been only two work-stoppages. Although there were 18 more strikes, in 1959 than in 1958, there were fewer man-days lost in 1959 than in 1958 due to work-stoppages. In the 1950s the work-stoppages were mainly politically motivated, and so were those in the early l960s. Whatever the laws might have been, they would not have made any difference to the trend and line of action in those years. However, since those days, industrial relations have gradually progressed and found their own balance, and restrictive laws will not at all be conducive to the further development of better industrial relations. Industrial relations have made a marked improvement in the last few years, and this is eloquently stated in the Singapore Year Book 1966, which is published by authority. In Chapter Eight, page 189, it states: 'The marked improvement in industrial relations noted in 1965 continued throughout the year. There were only 14 work stoppages during the year - the lowest since 1961, the peak year for work stoppages when there were 116 strikes. For the first time, at the end of the year there were no outstanding strikes.' In the same chapter, in page 200, it states: 'The two noteworthy features in the fields of industrial relations were firstly, that there were only 14 work stoppages - the lowest since 1961 - and, secondly, the short duration of these work stoppages. Nine stoppages lasted from 1 to 5 days, four from 6 to 40 days and only one lasted for more than 40 days, which altogether involved 1,288 workers as against 3,374 in 1965 and 43,584 in 1961. The number of man days lost as a result of the 14 work stoppages was 17,807.' Mr Speaker, Sir, surely there have been disputes - disputes on union recognition, dismissal and retrenchment. Some were settled by direct negotiations, some were settled in the Labour Department, and some were settled in the industrial Arbitration Court. The cases brought up to the Labour Department were settled under the very eyes of the former Minister for Labour, and in some of the cases, the employees' objections were upheld. It was true also that the Industrial Arbitration Court has ruled in favour of the trade unions in some dismissal and retrenchment cases. These decisions of the Labour Department and the Industrial Arbitration Court prove the point that employers can abuse their powers, and that employees should be allowed to protest, to object and to dispute the actions taken by management which they consider are prejudicial to their own interests. The very fact that an employer can act, intentionally or unintentionally, against the present or future interests of his employee, should be convincing enough to any man with common sense and, more, with a sense of justice, to accept the plea that an aggrieved employee should be allowed to have the full protection of his trade union against the high and heavy-handed action of his employer. If we accept the concept of a free society, and a society of law and order, then we must accept accordingly the democratic right of an individual to protest, to object and to dispute an action which he considers is against his own interest. I firmly believe that an aggrieved employee should be given the right to seek justice in the Court, and it would be a shame to clip the powers of the Industrial Arbitration Court. The Industrial Arbitration Court is a sound industrial relations procedure, and any attempt to circumscribe the jurisdiction and function of the court is unacceptable. The Industrial Arbitration Court has obtained the respect of the workers because it operates on sound principles. In this connection, I quote Chapter Eight, page 202 of the Singapore Year Book, 1966: 'The principle upon which the Industrial Arbitration Court operates is that of offering to employers and trade unions of employees an award or decision which will fairly and justly reflect not only the interests of both parties to an industrial dispute but also to the community as a whole, as well as the economy of the Republic.' With these words of the Labour Department in mind, it is hard to understand the move to take away the powers of the Industrial Arbitration Court to hear cases on dismissal and retrenchment, and the contingent powers to reinstate dismissed or retrenched employees and grant suitable reliefs. It is imperative to note that all dismissal or retrenchment cases that came up before the Industrial Arbitration Court were either disputes arising out of the operation of collective agreements or disputes jointly referred to the court, or disputes directed to the court by the Minister, and included in the latter category would be cases which his Ministry had failed to mediate successfully. In all these cases, the trade unions have more than accepted the awards of the Court. In fact, they have come to respect the court as a place of wisdom and justice. Notwithstanding this realisation, the trade unions have discreetly settled their disputes out of court. The records of the court show this attitude. In 1967, the Court heard four dismissal cases, three union recognition cases and five retrenchment cases; and in 1966 the court heard 13 dismissal cases, five union recognition cases and two retrenchment cases. The Labour Department, however, still have the monopoly of dismissal and retrenchment cases referred by the trade unions for conciliation and arbitration. Of the 702 disputes referred to the Labour Department in 1966 for conciliation, 34.9 per cent were dismissal cases; and according to the same Report (Command 7 of 1968), "Retrenchment was again a minor cause amounting to only 6.6 per cent." Is the former Minister for Labour suggesting that trade unions are also terrorising him, his officials and the court when they were defending their members in the Labour Department and in the court? Is the former Minister for Labour claiming that there is a free-for-all situation with organised workers terrorising the employers? I think it is a figment of his imagination. If anything is true, it is that he possesses the quality of a fiction story-teller quite common among some reporters who rub in highly sensational ideas to make a no-story a tall story. I wish to point out to the Minister that the general consensus of opinion of workers, not just trade union members, is that clause 5 and clause 8 of the Industrial Relations (Amendment) Bill to amend section 17 and section 34 of the Industrial Relations Ordinance, 1960, is an open invitation to wield the axe. However, much depends on who the Minister is, and if the Bill is passed, I think workers will have to cross their fingers, and wait and see how he plays his hand in dealing with the bully-boys amongst unenlightened employers. This attitude, rightly or wrongly, arouses the hopes and fears of workers, because the proposed labour legislation is brimming with prejudice. The fear created by the new labour legislation in the worker is that if he is unfortunate to be sick for too long, he will not get a vacation leave, and probably he will leave his family destitute. The fear created in the worker is that if he proves, in the opinion of his employer, to be not so useful any more, he will lose his job. The worker is told if the new labour legislation is not introduced, there is the prospect of a grim future for him, and when the economic situation becomes bad, unlike money and managerial men, he is stuck fast here. It is fear, fear, fear without limit. I think it would be more sensible to invoke the patriotic spirit to work hard to be more efficient and productive, and to make the necessary sacrifices. I think the workers must be made to feel they are important, useful and effective digits in society. They must be allowed to decide the future of the country, and feel that they do not get the worst deal, whether the circumstances are favourable or poor. Some may be inclined to believe that the workers in Singapore have never had it so good, and if things are going to be bad, they must have the worst. This is not the correct attitude to take towards the workers. I firmly believe that there will be greater participation by the workers in the affairs of the undertakings if they are to understand most clearly, to give out the most and receive the best in return. The common assertion that it is the employers' right to make business decisions free from collective bargaining is based on property rights. Such a contention is valid as far as the right to organise and to direct machinery, materials and money is concerned, but never men. As far as men are concerned, the property basis of management carries no legal duty, and no legal compulsion to co-operate. An authority on industrial relations has this to say: 'While property rights carry with them a power of disposition of goods, they do not carry an equal power to use those goods if the co-operation of others is necessary to that use. Co-operation, without which the property right is reduced to a power of disposition, cannot be commanded. It can be won only by consent. And there is no legal compulsion upon the workers to cooperate. There is no legal statement of the terms on which co-operation must take place. The definition of those terms is left directly to those parties involved, and there is nothing in law to stop the union from demanding as the price of the co-operation of its members a voice in some matter previously independently determined by management. Since the property rights do not mean that one has command over others, management may find it essential to share its authority as a means of inducing co-operation, in order to maintain the value of a going business. Over a period of time, it becomes customary to share authority in order to win co-operation in certain recognised areas of business decisions - for example, wages, hours, or perhaps the speed of assembly lines.' The only institution where a man can be managed and ordered about is the military institution where authoritarian relationship exists by consent. However, a military-like regime can never run an undertaking successfully for long. I have strongly emphasised the need for greater participation by workers in the management of undertakings, because this is a world-wide phenomenon. The International Labour Organisation's Recommendation 130 lays down that workers' representatives should participate in the framing of personnel policy and the solution of social questions within the undertaking. The problems that require the workers' participation cover conditions of work, welfare services, safety, employment and discipline, training and a range of matters involving the workers and having social consequences. I think it is clear now that the introduction of clause 5 to prohibit collective bargaining on procedures on promotion, transfer, employment, termination, dismissal, re-employment and assignment of work is a denial of the workers' right to participate in the affairs which immediately affect his life and that of society. Let me be explicitly clear that trade unions have never desired to arrogate to themselves the functions of management in directing the affairs of the enterprise. Labour only wants the establishment of rules for management to follow in exercising their functions. This must necessarily be so, for workers will suffer if the undertaking is managed inefficiently or may have to suffer if the undertaking is to be run more efficiently. In the former case, it is clear how all those involved in the enterprise will suffer, but in the latter case, because of the workers' own productivity, some of them might be dispensed with. Arising from the points I have just made, I think no self-respecting worker and trade unionist will agree to the matters listed in clause 5 being withdrawn from the field of collective bargaining. Mr Speaker, Sir, clause 8 of the Bill seeks to remove from the Industrial Arbitration Court the power to hear and decide upon claims by unions for the reinstatement of employees and to order the reinstatement where the court is satisfied that the dismissal was wrongful. Perhaps we in this House should try to trace the events that led to the amendment that was made to the previous section 38 of the Industrial Relations Ordinance (now section 40 of the Reprints Supplement). A glance at the original provisions contained in section 38 of the Ordinance seems to indicate that the court had extremely wide powers. Section 38 gave the court the power to make an award on any matter or thing for the purpose of settling a trade dispute or of preventing any further trade dispute even though the matter or the thing was not one of the specific reliefs claimed by the parties before the Court. My trade union colleagues, who had occasion to appear before the Industrial Arbitration Court in cases for reinstatement, had on every occasion been told by the senior representative of the Singapore Employers Federation, who had argued against the unions, that the court did not possess the power to reinstate. His main argument was that, in the absence of a specific provision empowering the court to order the reinstatement of a dismissed worker, the court could not order any reinstatement. Also, he had, on occasion, compared the powers given to industrial tribunals in Australia where the tribunals were specifically given the power to reinstate and he had proceeded to emphasise that without such a power the court could not reinstate any dismissed employee. The present provision contained in section 40 of the Reprints Supplement of the Industrial Relations Ordinance was a direct result of certain proposals put forward by the National Trades Union Congress following the adoption of a resolution urging the Government to amend certain sections of the Industrial Relations Ordinance, particularly those contained in section 38. This took place on the 4th of April, 1964, at the Victoria Memorial Hall, at its first Annual Delegates Conference. The Recommendations of the N.T.U.C. on the amendment to section 38 of the Industrial Relations Ordinance were as follows: 'The powers of the Court are very wide as set out in this sub-section. There ought to be a provision here ensuring that before the Court makes any award, especially in relation to a matter which does not come within the specific relief originally claimed by any party, the Court must first bear in open Court the submissions thereon of all the parties who are eventually to be bound by the award. A specific clause ought to be included here stating that the Court has the power to order the reinstatement of employees no matter for what reason they have been dismissed if for any good and sufficient reason the Court thinks it fit that such employees should be reinstated.' It was as a result of this proposal that the Government decided to amend section 38 (now section 40 of the Reprints Supplement) giving the court specific powers to reinstate an employee who is dismissed. I have already stated my objection to clause 5, but my opinion on clause 8 is quite neutral because it does not matter very much whether general termination cases are dealt with in the Industrial Arbitration Court or the Ministry of Labour. However, I give my support not to withdraw the jurisdiction of the District Court to hear cases subject to section 79 of the Industrial Relations Ordinance. Mr Speaker, Sir, at this juncture I wish to make an observation on the futility of clause 5 and clause 8. Even if the matters listed in clause 5 are non-industrial matters, as defined in the Industrial Relations Ordinance, there can be disputes not arising from the terms of the collective agreement. Such disputes are not necessarily bound to be referred to the Minister under clause 8. That is the defect I wish to point out. I come now to the crucial point where it may be necessary to take extra remedial legislative measures to make it unlawful to take industrial action over "non-industrial matters". Sad is the day when more restrictive laws are adopted. Let there not be such a day.