MERCHANT SHIPPING (AMENDMENT) BILL

Order for Second Reading read. 3.13 pm

The Minister for Communications and Second Minister of Defence (Dr Yeo Ning Hong): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

This Bill seeks to amend the Merchant Shipping Act (Cap. 172) mainly in the provisions relating to the manning of ships and certification of seafarers.

The existing legislation governing manning levels and certification of seafarers is outdated. Regulations on certification have not been revised since 1955. Provisions on the manning levels were last drawn up in 1970. Furthermore, we were tied to the acceptance of UK regulations on certification even though the content and nature of our training have over the past years been modified to accommodate our local circumstances.

The purpose of the Bill is therefore to bring our legislation on manning and certification in line with current shipping practices and safety requirements. The proposed amendments include only the key provisions while the detailed certification and manning requirements will be prescribed in regulations in order to facilitate their updating to keep up with continuing changes in shipping. As ships become more sophisticated with the introduction of higher technology, the training and manning standards will have to be constantly upgraded to enhance the safety of such ships and their crew. Singapore is one of the busiest ports in the world and has a sizable merchant fleet. Therefore, we must ensure that our standards are kept high.

The regulations on certification and manning will be in line with the provisions contained in the 1978 International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers (STCW) which came into force on 28th April 1984. It is necessary also to ensure that our seafarers and ships meet the Convention standards and requirements so that Singapore ships will not risk delay or even detention in foreign ports. The amendments will enable Singapore to accede to the STCW Convention at the appropriate time.

The Bill also proposes to consolidate all provisions on fees under one section to prescribe by regulations the fees levied for services rendered under the Act. At present, some of these fees are prescribed in the Act while some are prescribed in regulations made under the Act. Finally, Sir, in addition to the aforementioned amendments, the Bill contains a new section 339A tO forbid any unauthorized person from boarding a ship or remaining on board after being requested to leave. Such a provision will further enhance security on board ships in Singapore waters.

Sir, I beg to move.

Question proposed.

Mr S. Chandra Das (Chong Boon): Mr Speaker, before I comment on this Bill, I would like to declare that I am a Director of a shipping company.

Sir, generally I support this amendment as it intends to replace certain obsolete provisions in this Act. I would only want to comment on clause 3, Mr Speaker, Sir, which empowers the Minister to make regulations. As the Bill stands, I have no quarrel but comment on the fact that the Minister can make a number of regulations. While making the regulations I would appeal to the Minister that his Ministry discusses it in some detail with the private sector, particularly the shipowners and the unions.

Next, the Minister should also take into account our Open Registry policy. Whilst many countries are now seriously looking at reducing restrictions, we should not fall into the trap by adding on additional restrictions. Further, Sir, right now the shipping industry, as you probably know, is in the doldrums. If we put on any additional restrictions, it will impose very severe hardship on the industry.

Lastly, as the Minister has already mentioned, on the question of improvements, the state of the art of ship-building should be taken into account. For example, there is a requirement right now that all ships must carry a radio officer. Modern ships are built in such a way that there are telephones and telexes. So really we do not need a radio officer.

Sir, I support the Bill. 3.20 pm

Mr Lim Boon Heng (Kebun Baru): Mr Speaker, Sir, in rising to speak, like the Member for Chong Boon, I wish to seek clarification from the Minister on some of the provisions of clause 3 of the Bill.

Section 10(1) of the Merchant Shipping Act is to be amended to empower the Minister to make regulations requiring ships to carry a certain number of qualified persons and seamen. As the Minister has explained, it is a step towards observing the recommendations of the STCW Convention. Like the Member for Chong Boon, I think that what is mote important would be the set of regulations which his Ministry intends to issue. So what would be the criteria to be observed in the setting of minimum standards of crewing? The setting of minimum standards of crewing is always a contentious issue, with shipowners and unions usually holding divergent views. I hope that the Minister would also heed the Member for Chong Boon's view that his Ministry should consult people in the private sector, the shipowners and unions, on this matter. Safety should be one of the main features to decide what standards of crewing we should adopt. While the Member for Chong Boon has also argued that we should take into account the prevailing state of the industry, I think that while that may be a factor to be taken into account, what is more important is that we should have the necessary number of crew on board to man the ship safely, to take the ship safely from port to port.

Section 10(2) elaborates on the manner in which certificates of competency would be recognized. As explained, the Minister may recognize certificates of competency granted by foreign authorities. We may expect that standards of training and procedures of testing will vary from one country to another. Is it the intention of the Minister to make it known from time to time which certificates are acceptable? This is important because quite a number of our own seafarers have gone overseas to take their examinations. It would be a great waste of time and money if a person who has gone overseas to take an examination finds that his certificate is not recognized. This is particularly important because, from our information, about 40% of Singaporean deck officers currently hold foreign certificates. There is also an anomaly in the present practice of recognizing certificates of competency. For example, a Panamanian citizen holding a Panamanian certificate of competency is normally accepted as qualified to serve on board a Singapore registered ship. On the other hand, a Singapore citizen holding the same Panamanian certificate of competency is not considered as qualified to serve on a Singapore registered ship. So with the amendments proposed, is it the intention of the Ministry to correct this anomaly? After all, if the certificate is recognized, then the holder, irrespective of nationality, must be considered as qualified. The nationality of the holder and the standards required for the granting of a certificate are entirely different things.

Dr Augustine Tan: Mr Speaker, Sir, we have been encouraging foreign shipowners to fly the Singapore flag, and I have been concerned with this matter ever since I was on the Estimates Committee quite some time ago. The first question is whether we have the capacity to look into he seaworthiness of these many vessels hat fly our flag. And now, do we have the capacity to certify the worthiness of the seamen who have to man these ships? It is some time since I looked at the figures but I have the distinct impression that (a) a great majority of seamen who manned these ships are foreigners; and (b) the absolute numbers of Singaporean seamen have been on the decline. So I just wonder whether we do have the capacity that I have alluded to.

Dr Yeo Ning Hong: Mr Speaker, Sir, I want to thank the three hon. Members of the House for their interest in the Bill. I would take the questions in the order in which they are raised.

Sir, I want to assure the House that consultations with the employers and unions will be undertaken. It has always been the practice of the Marine Department to have consultations both with the employers and the unions prior to the promulgation of regulations.

The Member for Chong Boon raised the question of the minimum standards required and how we intend to go about doing this. Sir, the regulations will be made, bearing in mind international requirements, international acceptance, and to ensure that the reputation of Singapore will in no way be affected. Sir, as I have stated earlier, Singapore is presently one of the world's busiest ports, with its merchant navy growing rapidly. Singapore is also well known worldwide for the very high quality of its manufactured products. And we have therefore a vested interest in ensuring that the services provided, and in this particular case, the services provided by the merchant navy, are also of a high standard. So these are some of the factors which will be taken into account in the drawing up of the minimum standards required.

As for the specific issue of radio officers, it is the intention of the Ministry to ensure that this will be reviewed constantly. I am aware that radio officers are no longer operating just what was previously simply a radio and nothing else. Present methods of navigation include the use of the International Maritime Satellite System. So some of these qualifications also have to be looked into and upgraded.

The Member for Kebun Baru also raised the question of the criteria. This has been answered a moment ago. His concern is that there should be more people on board a ship, notwithstanding the point raised by the Member for Chong Boon. Sir, as I have stated also in the reply to the Member for Chong Boon, the manning requirements will take into account what is the international practice so that the safety of both crew and ship will continue to be well looked after.

Foreign certificates will also be reviewed. We will ensure that there is international acceptance. It is well known that certain countries have higher standards of testing and certification compared with others, and this will be looked into thoroughly.

The Member for Whampoa asked if we have the capacity for the certification of seaworthiness of our ships as well as the capabilities of a seaman. I would like to assure him that we have. We have in Singapore numerous naval architects, and marine engineers with extensive experience in the field of shipping as well as shipbuilding and ship-repairing. The Member for Kebun Baru himself is a naval architect. We also have a nautical studies department in the Polytechnic which provides instruction and therefore we have the capability.

Mr Lim Boon Heng: Sir, I think the Minister has not answered one of my questions, which is the question of recognition of certificates by nationality. If you are a Panamanian holding a Panamanian cenificate, it is recognized by the Marine Department as suitable for operating on board a ship; but a Singaporean holding a Panamanian certificate is not recognized.

Dr Augustine Tan: Sir, I do not know whether there are as many marine institutes issuing certificates as there are universities in the world. I know that the National University of Singapore has perennial problems in deciding which certificates are worthy of the paper and ink they are written upon. So I would imagine that you would also have similar problems in determining the validity of marine certificates. But more crucially, Sir, the question that I would like to raise is whether the exercise is worth while to have these foreign ships register under our flag if (a) they are not employing a sufficient number of Singaporeans, and (b) they take up so much of our time in certification.

Dr Yeo Ning Hong: Sir, the practice of certification as mentioned by the Member for Kebun Baru will be looked into. Some of these aberrations have historical origins. They will in due course be resolved.

As to whether there are as many marine institutes in the world like the number of universities or paper mills issuing certificates, there are fewer of these than there are universities and paper mills. The quality of the certificates issued by the various countries is by and large fairly well-known among the international shipping community.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. - [Dr Yeo Ning Hong).

Bill considered in Committee; reported without amendment; read a Third time and passed.