Mr Speaker, Sir, I rise in support of the National Maritime Board Bill, but subject to such qualifications as I shall later on detail in my speech. The topic of maritime employment is a matter of great interest to the NTUC which have sponsored the formation of the Singapore Organisation of Seamen, a registered trade union to organise and represent seamen in relation to their respective employers. The NTUC, therefore, have reasons t' be grateful for the opportunity to give their comments while the Ministry of Communications were in the process of drafting the Bill. Some of the recommendations contained in NTUC's memorandum to the Ministry, I am glad to say, have been incorporated into the Bill before the House. The accepted recommendations include those dealing with the definitions of "seafarer" and "employer", and with the imposition of a penalty against employers engaging seamen in contravention of the proposed Act. Other accepted recommendations of NTUC dealt with minor matters. Despite the acceptance of some of their recommendations, the NTUC have reservations about the Bill as it now stands. While it is natural that NTUC should feel disappointed that not all their recommendations have been accepted, the reservations of NTUC are not founded on chagrin but concern for the future of maritime employment in our Republic. In the second sentence of the Explanatory Statement to this Bill, it is averred that "the general intention of the Bill is the welfare of members of the mercantile marine and the development of the mercantile marine." In so far as the Bill seeks to promote the welfare of seafarers, it does seem that the Bill is an answer to the concern of the NTUC. But therein lies the snag. The Bill in seeking to repeal the Seamen's Registry Board Act, the Seafarers' Welfare Board Act, the Singapore Mariners' Club Act and the Singapore Sailors' Institute Incorporation Ordinance and to re-enact the provisions of these four statutes is, in effect, a consolidating Bill without any new provision of any great significance. Other than the Seamen's Registry Board Act, the other three statutes are not concerned with the matter of maritime employment. And under the Seamen's Registry Board Act, read together with the Seamen's Registry Board Rules, the seamen find themselves in a position of "Heads, you win: tails, I lose" vis-a-vis their employers, for that accurately describes the actual working of the Act. Under the law at present, and it will continue to be so under the Bill, a seaman who commits any misconduct would, in the absence of mitigating circumstance, be invariably meted out with some form of disciplinary action by the existing Seamen's Registry Board or the proposed Maritime Board. The disciplinary action would usually be in the form of suspension from registration, or the loss of priority in registration. As registration is a condition precedent for the employment of any seamen of the registrable categories, it can be easily imagined that such disciplinary action has a sobering effect on, besides the financial shock to, the erring sailors. Such disciplinary action would have been bearable to the seamen if they can be sure that the employers who literally short-change their seamen would be brought to account in a similar fashion by the Board. Unfortunately, a seaman who has been granted less favourable terms than those originally promised to him cannot expect any remedy from the Board, even though the representatives of his employer may be sitting on the Board itself, for the simple reason that the Board has no power to discipline the employer. What utterly demoralises the seamen is that the same employers' representatives, when disciplinary action against seamen is called for, would have no scruples about demanding the imposition of the heaviest penalty on the seamen. Sir, for that reason, the NTUC happily places on record the acceptance of their recommendations by the Ministry to assure seamen the fruits of their labour by including a definition of "employer", which is wide enough to cover the local agent of a foreign employer, and enabling the Board to regulate the manner of payment of salaries and the discharge of contracts of service. The Ministry is indeed to be congratulated for their inclusion of such provisions which go towards increasing the protection of seamen. But to that extent the aim of the Ministry and the aim of the NTUC seem to coincide. Beyond that, their aims seem to be irreconcilably divergent. The cause for such divergence seems to lie in the fact that the Ministry approved the Bill as a consolidation of existing provisions with the incorporation of new provisions limited to the barest minimum possible. The NTUC views the Bill as an opportunity to eliminate malpractices by the efficient and effective regulating of maritime employment in Singapore. Thus, from the viewpoint, the Bill must necessarily incorporate new provisions as the existing provisions of the four statutes to be repealed by and re-enacted in the Bill have not been adequate to deal with such malpractices. In order that Members of this House can have a proper perspective of such malpractices in relation to maritime employment, it is necessary for me to dwell at length on such malpractices. More important than the other major question of assuring seamen the fruits of their labour, for which the Bill now contains provisions, is the question of assuring seamen a fair and equal opportunity of employment. Thus, in theory, the system of registration of certain categories of seamen for the purpose of maritime employment ensures that seamen of the registrable categories have equal opportunities for employment by requiring them to take their turn in the queue for employment. In practice, however, Sir, the provision as reproduced in clause 6 (h) of the Bill allowing the Board to supervise the selection of seamen and to provide both employers and seamen reasonable freedom of choice in relation to employment, is very ineffective. A seaman who refuses three consecutive offers of employment goes down to the bottom of the queue. On the other hand, an employer who refuses to select any seamen from these batches of seamen offered by the Board is not similarly penalised. Sir, I am given to understand by the officials of the Singapore Organisation of Seamen that the greatest number of malpractices arises out of such selection of seamen. It must be clearly emphasised that the rates of pay and other terms of service vary greatly from shipping to shipping companies. Naturally, there is a clamour among seamen to work on, for instance, a Norwegian vessel where they can earn double or treble the sum they may obtain on, for instance, a Greek vessel for the same given period of time. A Greek vessel, it may be also added, is the last recourse of desperate seamen, for invariably a Greek vessel is literally a floating jungle. To return to the point, seamen are prepared to offer up to one month's wages, which can be substantial on a Norwegian vessel, to the recruiting agents to ensure that they are taken on by such a well-paying shipping company. That is where the abuse of the selection machinery of the Registry Board comes in. If the seamen who have offered bribes are not in the first or second batch to be called up by the Board for selection, the recruiting agents who, I regret to say, are also Singapore citizens, would reject all the seamen in the first two batches on one pretext or another. Even if the seamen who have offered inducement are not sufficiently well up the queue to be included in the third and final batch of seamen to be called up by the Board for any particular ship, the recruiting agents will make a passionate plea for the employment of those particular seamen, or else they will wait until almost departure time outside the office hours of the Board to take on such seamen. Now, Sir, the question of selection is a matter of life and death for the seamen because every additional day of waiting for selection means another day without pay for themselves and their families. The point is how does the Government intend to resolve the problem of ensuring that the selection machinery offers every seamen an equal opportunity for employment? The Police and the Corrupt Practices Investigation Bureau have their hands full with their existing responsibilities as it is without having to look into the malpractices in maritime employment. A policy of "a rate for the port" - that is, same pay and other conditions of service for all seamen who sign on at Singapore irrespective of whichever ship they are attached to - is not acceptable to the Ministry as not being feasible at present. I must add that the NTUC agrees with the view of the Ministry on this matter. That leaves us with the question of a manning scale as a means of eradicating the abuse of the selection machinery. By manning scale, I mean some form of predetermined percentage of ratings, or registered seamen, that must make up any ship's complement. I am given to understand by the Singapore Organisation of Seamen that representation has been made on this matter to the Ministry. In their representation, the Singapore Organisation of Seamen have also drawn the attention of the Ministry to the fact that some ship's crew complements have been made up of more than 50 per cent non-ratings or non-registered seamen. Such a situation has come about through the recruiting agents' rejection of all the seamen offered by the Board under the normal selection process and hiring by the back-door, as it is, of persons who are not trained as seamen or who are deregistered or suspended ratings but who are prepared to offer some inducement to the recruiting agents. This constitutes the other principal abuse of the selection machinery of the Board, and it has more sinister implications. For one thing, untrained or inexperienced persons who are taken on ships normally as laundrymen, hatch-men, or any other of the non-registrable categories, are not able to cope with the natural hazards or exigencies that can be expected to occur to a ship at sea. The risk to the fare-paying passengers can well be imagined since the non-registered seamen may not be able to take care of themselves in a crisis at sea, not to say spare a thought for the passengers. It is a matter of great importance that there should be some form of machinery for manning scale to ensure that every ship carries a minimum number of trained seamen. For another thing, as long as ship-owners and ship-captains can engage non-registered seamen with impunity, the selection machinery of the Board will never achieve the purpose for which it is intended, and that is, besides being a machinery, to ensure equal opportunity of employment with a disciplinary device to ensure that seamen taken on at Singapore are of the highest standards and so enhance the reputation of Singapore by their work and conduct. It is obvious that seamen who are unruly and anti-social, to begin with, so as to merit the disciplinary sanction of the Board, are unlikely to submit themselves meekly to any suspension imposed by the Board on them. It is such registered seamen who offer themselves for employment by the back-door, by-passing entirely the selection machinery of the Board. The significance of the absence of any statutory provision governing manning scale in relation to the Board's objective of seeking to regulate maritime employment is that it makes for unnecessary difficulty in the attainment of the Board's objective. Having given Members of the House a picture of the background of this Bill, I now put forward the following proposals for the consideration of the Minister and the House. The Bill is clearly intended as an enabling instrument in that specific powers are exercisable by the Board by way of the various regulations to be made under the proposed Act with the approval of the Minister. I see no harm in enhancing the enabling provision of the Bill so as to allow the Board to have more scope for action and more teeth for effectiveness when the need arises. There is hardly any danger of the Board running amok with its powers, as the final say always lies with the Minister. Sir, thus I suggest the inclusion of:-
(a) a provision for manning scale, on which I have already spoken, and (b) a provision under clause 21 of the Bill conferring on the Board "to prescribe for the registration of all persons or employees who desire to select or engage seamen registered under the provisions of this Act". Existing regulations provide for the cancellation of registration or suspension of seamen against whom complaints have been lodged by their respective employers. But there is no reciprocal provision for black-listing or penalising of employers who violate the terms of contract of employment of, or ill-treat, the seamen. Under the proposed provisions of clause 21 as it is, the amendment of the various regulations as indicated by this Bill would serve no useful purpose, as far as seamen are concerned. It should be also noted that under clause 20 of the Bill, no distinction is made between an employer or a seaman in respect of the penalty to be incurred for violation of the proposed Act. The various provisions in the Merchant Shipping Act (Cap. 172) dealing with employment of seamen should be deleted from the Act and incorporated into the proposed National Maritime Board Act or a separate enactment by themselves. The Director of Marine seems most unhappy and reluctant to exercise the various powers conferred on him under the Merchant Shipping Act regarding employment of seamen. For instance, the provision of section 39 of the Merchant Shipping Act stipulates that the engagement of seamen for work in any ship, whose flag is not represented by a consular official in the Republic, shall be conducted in the Mercantile Marine Employment office set up for that purpose. The Director of Marine has indicated to the Singapore Organisation of Seamen that he intends to propose amendments to the Merchant Shipping Act to relieve himself of such onerous responsibility as that entailed by the supervision of the Mercantile Marine Employment office. It is only fair to inform the House that the NTUC has never raised this point with the Ministry when representations were being made on the Bill. The fact is that, with discussions being confined to the Bill, it seems rather awkward to make references to another Act, which at that time the NTUC had the impression that it might come up for drastic amendment as well. Now it is clear that the Merchant Shipping Act would not be amended in relation to maritime employment. I am also given to understand that the Singapore Organisation of Seamen have made representation to the Ministry on the inadvisability of the Director of Marine being continued to be saddled with the responsibility of supervising maritime employment. Now that the National Maritime Board is to be set up, the opportunity should he taken to streamline the administration of maritime employment. 6.19 p.m.