PUBLIC UTILITIES (AMENDMENT) BILL

Order for Second Reading read.

7.22 p.m.

The Deputy Prime Minister (Dr Toh Chin Chye): Mr Speaker, I beg to move, "That the Bill be now read a Second time."

This is a straightforward Bill which makes certain non-controversial amendments to the Public Utilities Ordinance No. 1 of 1963. The first amendment provides for the appointment of a Deputy Chairman of the Public Utilities Board who is empowered to exercise the powers of Chairman when the Chairman is unable to act or the office of the Chairman is vacant. The Deputy Chairman will also preside at meetings during the absence of the Chairman. At present there is provision in the Ordinance only for a member to be appointed temporary Chairman whenever the Chairman is unable by illness or otherwise to be present, and this process has to be repeated every time the Chairman is similarly incapacitated. The Bill also seeks to amend the Ordinance so as to make it clear that only the members of the Public Utilities Board, its employees and persons acting under the Board's direction who are not to be subject personally to any action, liability, claim or demand whatsoever for any matter or thing done for the purpose of executing the provisions of this Ordinance and that the Board itself is not protected from any such actions, liabilities, claim or demand. At present it is possible that section 20 as worded may be construed as extending protection to the Board itself from any liability. Again, although there is nothing in the Ordinance at present to say that the Board can make ex gratia payments to any person sustaining any damage by reason of the exercise of any of the powers vested in the Board or its employees there is nothing to preclude the Board from making such ex gratia payments. However, for the removal of any doubt, the Bill includes a new provision which explicitly states that the Board can make such ex gratia payments.

Lastly, the present provisions of the Ordinance state that tariffs in connection with the supply of water, gas and electrical energy and hire of apparatus shall be prescribed by regulations made by the Board and that all regulations shall be published in the Gazette but any prices charged by way of special agreement do not require publication in the Gazette. This amendment Bill now provides that other prices which are charged by special agreement shall also be published in the Gazette as soon as may be after the signing of such special agreement.

I have also, Mr Speaker, given notice of an amendment which I will move at Committee stage.

Sir, I beg to move.

Question proposed.

Mr Chia Thye Poh (Jurong): (In Mandarin): Mr Speaker. Sir, this amendment Bill provides that the Public Utilities Board shall have powers to appoint a Deputy Chairman who shall preside over all meetings in the absence of the Chairman and exercise his powers in his absence. We know that the Chairman of the Public Utilities Board is Mr Oehlers and the Deputy Chairman is a P.A.P. Member, namely, Dr Fong Kim Heng. I believe that Members in this House know that Mr George Oehlers was the ex-Speaker of this Chamber. Because he was very impartial in this Chamber in exercising his duties he was not prepared to ---

Dr Toh Chin Chye: On a point of order. Mr Speaker, I think the Member for Jurong is digressing from the principles of the Ordinance. He is making specific references to the ex-Speaker of this Legislative Assembly and I do not think that it is relevant at all to the debate under consideration.

Mr Speaker: Yes, I rule in your favour, Dr Toh. I must tell the Member for Jurong that we are not discussing the ex-Speaker here. We are discussing this Bill. So please, if he has anything to say, confine it to this Bill.

Mr Chia Thye Poh: (In Mandarin): Mr Speaker, I just mentioned this matter in passing in order to remind this House that when the P.A.P. tries to amend the Bill, there is some ulterior motive behind the amendment, because of the fear that Sir George Oehlers, who was the ex-Speaker of this House, may not agree with the policies of the P.A.P. and the dictatorial behaviour of the P.A.P. in the Public Utilities Board. This is the amendment moved in order to meet this possible exigency, so that when Mr Oehlers is away, Dr Fong can come in and act on his behalf. But, if you say this is irrelevant, I shall stop now.

Dr Toh Chin Chye: Mr Speaker, it is difficult to believe how stupid the Barisan Sosialis can be. If they really think that the purpose of moving this amendment to the Public Utilities Ordinance is because we are afraid of the present holder of the post of Chairman of the Board, the simplest procedure would be not to appoint him at all. We are not under an obligation to appoint the ex-Speaker of this Assembly as Chairman of the Public Utilities Board. I think that is the simplest answer to his, I would say, not very clever remark.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole Assembly.

Assembly immediately resolved itself into a Committee on the Bill. - [Dr Toh Chin Chye]

Bill considered in Committee.

[Mr Speaker in the Chair]

7.30 p.m.

Clauses 1 and 2 ordered to stand part of the Bill.

Clause 3-

Dr Toh Chin Chye: Mr Speaker, I beg to move,

In page 1, to leave out all words from "3." in line 12 to the end of line 20 and to insert-

"Section 5 of the principal Ordinance is hereby amended-

(a) by deleting the full-stop appearing at the end of subsection (2) thereof and substituting therefor a colon;

(b) by adding to that subsection the following proviso: -

"Provided that the Yang di-Pertuan Negara may in his discretion appoint the Chairman or other member of the Board for a period of two years from the date of appointment and in such case the Chairman or member shall hold office for a period of two years from the date of his appointment."; and

(c) by deleting subsection (3) thereof and substituting therefor the following: -

"(3) The Yang di-Pertuan Negara may appoint any member of the Board to be the Deputy Chairman of the Board, and if for any reason the Chairman is unable to act or the office of Chairman is vacant, the Deputy Chairman may exercise all or any of the powers conferred, or the duties imposed, on the Chairman under this Ordinance.".'.

Mr Speaker, the Public Utilities Ordinance provides for a three-year period of office for its members. This amendment, in effect, - empowers the Yang di-Pertuan Negara to exercise his discretion when he thinks fit to fix the term of office for a period of two years instead of three years in connection with such appointments. This allows for some flexibility in the consideration of appointments. The eligibility for re-appointment still remains. This amendment also repeats the provision for the appointment of the Deputy Chairman.

Amendment agreed to.

Clause 3, as amended, ordered to stand part of the Bill.

Clauses 4 to 6 inclusive ordered to stand part of the Bill.

Bill reported with an amendment; read a Third time and passed.