INDUSTRIAL ARBITRATION COURT ANNUAL REPORT

Mr Speaker: Yesterday the Member for Farrer Park, during the course of the debate on the Yang di-Pertuan Negara's Speech, alleged that the President of the Industrial Arbitration Court had failed to furnish an Annual Report as required by the Industrial Relations Ordinance, 1960, and invited me to consider whether such failure could be considered to be an affront to this Assembly.

Section 83 of the Industrial Relations Ordinance. 1960, reads as follows:- 'Annual 83. The President shall, once in each year, furnish to reports the Minister for presentation to the Legislative Assembly a report on the working of the provisions of this Ordinance relating to the Court, to arbitration and to the registration of collective agreements and of any other provisions of the Ordinance in relation to which he considers it appropriate to report, and in particular the extent to which the objects of the Ordinance have been achieved and any considerations or circumstances which have prevented or hindered the achievement of those objects.'.

The Ordinance does not make it an offence if the President of the Industrial Arbitration Court fails to furnish to the Minister the Report.

It is clear, however, that the President is under a direct statutory obligation to comply with the provisions of the Ordinance. Nevertheless any failure by hint to do so, of itself, cannot, in my view, he considered to be an affront to this Assembly. It seems to me that the obligation is an obligation on the part of the President to furnish the Report to the Minister, and it is the Minister in turn who is under a responsibility to this Assembly to ensure that the Report is received and presented to this Assembly. In other words, it is the Minister who in the first instance is answerable to the As sembly for the default, if any, of the President.

If, however, the Minister or any other Member has satisfied himself that there has been a default on the part of the President which, in the Minister's or the Member's view, would warrant the intervention of this Assembly, it is open to the Minister or the Member to move for an Order in the matter and for this Assembly to make the Order if it so thinks fit.

I am bound to say, however, that it is doubtful whether any such Order could be effective under our present Privileges Ordinance. It is certainly intended that such an Order would be effective under the provisions of the Legislative Assembly (Privileges, Immunities and Powers) Bill which has recently been committed to a Select Committee.