CIVIL DEFENCE BILL

Order for Second Reading read. 4.20 pm

The Minister for Home Affairs (Prof. S. Jayakumar): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, the purpose of this Bill is to provide for the raising, maintenance and discipline of a civil defence force to be known as the "Singapore Civil Defence Force (SCDF)" which may exercise its functions and powers during a state of emergency or a state of civil defence emergency. It also provides for various civil defence preparations to be carried out during peacetime such as the conduct of civil defence training and exercises for the civilian population.

Sir, why is this Bill needed? First of all, the existing legislation under which the SCDF operates, namely, the Vigilante Corps Act (Chapter 80), is inadequate and inappropriate. For example, there are no provisions for civil defence officers to exercise disciplinary powers over national servicemen and reservists. Instead, the present arrangement is for designated police officers to enforce discipline using the limited provisions of the Vigilante Corps Act. This Bill therefore provides civil defence officers with the appropriate disciplinary powers to make them more effective in their role as trainers and administrators of national servicemen and reservists.

The second reason, Sir, is that existing legislation does not provide for the discharge of essential civil defence functions in emergencies. These will include the management of air-raid shelters, rescue, enforcement of blackout measures, provision and co-ordination of medical services, fire-fighting, emergency assistance in restoring and repairing indispensable public utilities and so on. To carry out these functions effectively, civil defence officers must have the legal powers to direct human and material resources to critical areas to save lives. This is another important objective of the Bill.

Although there is an existing Civil Defence Act (Chapter 228), that Act is also unsuitable. For example, it does not provide for the raising of a force of national servicemen and reservists for training and deployment, and its general provisions are inadequate for the nature of civil defence duties in war situations.

Clearly then, there is a need for a comprehensive legislation to enable the civil defence force to carry out its duties efficiently and effectively in peacetime disasters as well as in war.

With regard to the organization of the SCDF, the Bill provides for the SCDF to consist of public officers, national servicemen and persons who are recruited to serve as auxiliary members on a part-time basis.

A word about the auxiliary members. These would be those who are formally recruited part-timers similar to the Volunteer Special Constabulary in the Police Force. They will have to serve the SCDF on a regular basis, be in uniform and be subjected to disciplinary rules. These auxiliary members will therefore be distinct from, and are not meant to replace, existing civil defence volunteers in the constituencies. The reason why we have made this provision is for long-term needs for auxiliary members so as to be comprehensive and to cater for future needs.

Sir, the Bill also gives recognition to the concept of civil defence volunteers and also authorizes the conduct of exercises for the purpose of civil defence.

A major part of the Bill is to provide for the discipline of members of the SCDF for service offences. The concept of service offences is designed to ensure that members observe a code of discipline and conduct befitting members of a uniformed organization. As most of these offences, including desertion, violence on a superior, assault on subordinates and so on are already to be found in the SAF Act 1972, I shall not discuss these provisions in detail.

With regard to those Parts of the Act dealing with special powers during a state of civil defence emergency, Members will note that Part XII of the Act provides for civil defence officers to have the powers which are necessary to direct manpower and material resources to save lives or limit damage to property in an emergency.

These powers can be exercised in two situations. First, when the Minister for Home Affairs under section 102 declares a state of civil defence emergency, if it appears to him that a civil defence emergency has occurred in any part or district of Singapore. A civil defence emergency is defined as any happening (whether or not because of an attack by an enemy or any war-like act) that causes loss of life or injury or destruction of or damage to property or which in any way endangers the safety of the public. Examples, of course, which will come to Members' minds would be major industrial accidents or collapse of high-rise buildings. The second situation is where a state of emergency is proclaimed by the President of the Republic pursuant to Article 150 of the Constitution.

With regard to civil defence volunteers, Mr Speaker, Sir, they can play a vital role in civil defence as the Hotel New World rescue operations showed. But it is necessary to give volunteers some legal protection. Under the Bill, therefore, volunteers are protected from personal liability when acting in good faith under the order or instruction given by a member of SCDF whilst participating in any civil defence measures or whilst in training. They will also be compensated for personal injuries or loss of life as a result of participating in civil defence training or being engaged in civil defence measures under the authority of the Commissioner.

Sir, the Bill also provides for fair and reasonable remuneration to any person who, in compliance with an order during a state of civil defence emergency or a state of emergency, renders assistance to SCDF to save lives in immediate danger. Any person who suffers loss of or damage to his property as a result of a member removing or breaking into his place in the cause of exercising the special powers during a state of civil defence emergency or a state of emergency will also be entitled to fair and reasonable compensation for the loss of or damage to his property.

Mr Speaker, Sir, this Bill is long overdue. It will put our civil defence organization and plans on a firm legal basis. May I say, in conclusion, that a comprehensive civil defence law in itself does not and cannot ensure total civil defence preparedness in responding to any emergencies. The cooperation of the people is fundamental to effective civil defence. And judging by the overwhelming public concern, public spiritedness and acts of assistance and cooperation shown during the Hotel New World disaster, I have every confidence that all Singaporeans will take civil defence seriously as it is an integral part of Total Defence.

Sir, I beg to move.

Question proposed.

The Senior Parliamentary Secretary to the Minister for Defence (Mr Phua Bah Lee): Mr Speaker, Sir, with the passing of the Civil Defence Bill, the Singapore Civil Defence Force (SCDF) takes on a new dimension. It is now better equipped to handle human and physical resources in the Civil Defence preparations of Singapore.

Shortly, 34,000 SAF reservists will be transferred to the Singapore Civil Defence Force. These SAF reservists are well-trained soldiers. They are operationally ready. They are matured, experienced, physically fit and knowledgeable. They have discharged their duties reliably and diligently over the years in their military capacity. They have been trained to engage the enemy in times of crises. To them, I would like to record a word of thanks for their sacrifice and dedication. Their role in the SAF was in military defence.

With their transfer to the Singapore Civil Defence Force, they perform a different role, but their mission remains the same. Their wealth of knowledge in military defence will enable them to adopt their civil defence role with great ease and facility. They will be equipped to perform their civil defence duties. They will be trained in skills related to fire-fighting, first aid, rescue operation, coping with oil spills, flood, storm and other disasters.

Though the two roles are different, both are a sacred mission in the total defence of the country. Their new role is neither less laudable nor less superior. The SAF reservists deserve the full support of the nation and the people.

When these 34,000 SAF reservists are transferred to the Singapore Civil Defence Force, I hope that the SCDF will make good use of their experience, maturity and dedication that the SAF had imbued in them. After all, the SAF and the Singapore Civil Defence Force are both organized and disciplined forces.

What is important is that the Singapore Civil Defence Force should continue to motivate and upgrade these reservists, and to put greater meaning to their sense of mission and of commitment in discharging their sacred duties.

It is only when we can continue to provide a sense of purpose for our SAF reservists, can we amply justify the transfer of such precious manpower to the Singapore Civil Defence Force. They are particularly precious because not only are they a specially trained force but that Singapore will face a manpower shortage in the years to come owing to zero population growth.

So far, from the way Singapore Civil Defence Force has managed its functions and responsibilities, as evidenced by the Hotel New World disaster, and the infusion of the civilian population into the various civil defence activities at the constituency levels, it is clear that the SCDF has evolved into a very important and capable force.

Also, with more than 22,000 members of the public volunteering their services in the Singapore Civil Defence Force, it is a good sign of the support the SCDF is receiving. In view of this, I have no doubt that the Singapore Civil Defence Force will find new meaningful roles for the SAF reservists to play in order for them to discharge their duties.

As the Singapore Civil Defence Force continues to develop its infrastructure, training, equipment and organization, it must not forget a basic need. It needs a proper home. The present Singapore Civil Defence Force HQ at Bendeemer Road may no longer fit the image that it now has. The HQ needs to be upgraded or even redeveloped in order to keep pace with its new mission. The present structure is no longer consistent with its enhanced responsibilities and expanded functions. I have no doubts that every assistance will be given to the SCDF to find a new home.

Mr Abdullah Tarmugi (Siglap): Sir, it has been five years now since the SCDF was first formed. During these years it has crystallized itself in image, shape and function as a force to be noticed. It is now, I think, poised to assume a greater and expanded role in the Republic.

On rising in support of this Bill, I wish to make some observations, especially on three provisions of the Bill. One is on clause 23 which spells out the Service offences and penalties under this Bill. Sir, we have read and heard of the undesirable acts of looting in other countries during civil disorders and during the war. And certainly we would not like this to happen here, and especially so, by those from whom the public expects help and especially so during times of disaster and tragedy. It is therefore appropriate that the public should be adequately protected against such acts and the gravity of these offences be impressed upon those in the SCDF. I am, Sir, therefore, all for a deterrent sentence and am glad that such a provision has been included in the Bill.

Next, Sir, is the provision of clause 102 which empowers the Minister to declare a state of civil defence emergency. Sir, we need not remind ourselves that ours is a small country. By its very size, an incident or tragedy in one part of the island has a greater chance of spreading to or affecting other parts of the island and in very quick time too. It is therefore necessary, Sir, for such incidents or tragedies to be contained and dealt with swiftly and effectively with minimum of destruction to the general population. The recent Hotel New World collapse, Sir, is a case in point. So there is therefore the need for effective mobilization of resources or the removal of obstacles so that rescue or salvage operations could be carried out as expeditiously as possible. At the same time, Sir, I am also glad that there is a protection against loss of employment or its benefits for anyone carrying his civil defence duties during an emergency.

Last, Sir, I come to what I consider a very sensible approach in encouraging the population to become civil defence volunteers or to acquire civil defence skills. Sir, these skills are among those which we hope we will never get to put into practice. For to do so would mean that an ugly incident or tragedy has taken place. But still, just as we hope we will never have to go to see a doctor, it is reassuring and useful to know that the doctor is available as and when we need him or her. So it is indeed a good idea to get as many of our residents as possible, especially those living in highrise flats, to acquire civil defence skills and to participate in civil defence exercises for their own safety and that of their neighbours. But people may be discouraged from doing so if they find that they will be somehow disadvantaged because of personal injury or personal liability if they do so. Therefore, I am indeed gratified that provisions have been made for adequate compensation for injury, for loss of life and for protection against personal liability for acts carried out in good faith during trainingor during civil defence exercises. And I certainly hope, Sir, that these provisions would encourage more people to become civil defence volunteers and to take civil defence more seriously.

With that, Sir, I would like to say that I support this Bill.

Mr Chng Hee Kok (Radin Mas): Mr Speaker, Sir, like my colleagues before me, I rise in support of this Bill.

In just five years, our civil defence has become an important component of Singapore society. I think, if nothing else, the Hotel New World disaster has reinforced in a limited way the necessity and role of civil defence in Singapore. Therefore, as a result, civil defence has come to be accepted by all Singaporeans. I think the Bill is a very timely one. When passed, this Bill which is a very comprehensive one as mentioned by the Minister, will signify that civil defence have come of age in Singapore in its own right.

The main provisions of the Bill are related to the enforcement of disciplinary action of errant members of the force. I think for it to be an effective and efficient uniformed organization, a code of conduct and a proper organization is therefore necessary. Naturally to go with it there must be the necessary rules and, of course, the necessary provisions to enforce this code of conduct.

Today civil defence is a permanent feature to the civilian population. All over Singapore many volunteers are undergoing training in different aspects of civil defence at one time or another. Moreover, no weekend goes by without civil defence exercises being conducted in one constituency or another. Since civil defence is such a pervasive feature in our people's lives, especially those who are volunteers in civil defence, I would like to take up one or two provisions which relate to volunteers in civil defence.

Like the hon. Member for Siglap, naturally I welcome the clauses which seek to protect volunteers from personal liability when they participate in civil defence activities and under orders of civil defence force. There is also a provision for compensation to be paid for loss of life or permanent injury. These main provisions would help to allay apprehensions of volunteers and potential volunteers. Hopefully, this will encourage more people to participate in civil defence activities.

However, there are no provisions in the Bill to define the powers and the authority of volunteers in civil defence during a civil defence emergency. Clause 103 confers such authority and powers only to the Commissioner, a member or a police officer. A member, as defined in the Act, is not a volunteer. I wonder what would happen if the volunteer on his own initiative directs any action under clause 103 (1) (a), (b), (c), (d) or (e). Clause 103, sub-clauses (1)(a) to (e) defines several measures which are necessary for the preservation of life or property during a civil defence emergency. Perhaps the Minister would like to comment on this particular clause. Also on clause 103, I would like to comment on sub-clause (1) (a) and sub-clause (4). Sub-clause (1)(a) states that any person who is directed by the Commissioner or a member or a police officer to render assistance to the Force to save life in immediate danger and any person who is directed to do so must do so without due regard for his own safety. Moreover, if he disobeys, subclause (4) spells out the penalty if such an order is not obeyed. In my view, subclause (1)(a) should perhaps be reworded. Alternatively, if there is such an order where we have to direct a person who may be endangering his life, this kind of order should perhaps be given only by the Commissioner and not just by any member of the Civil Defence Force. This is to ensure that lives are not further unnecessarily endangered during an emergency. If such action is deemed to be necessary, I think it must be a well considered and calculated one.

These are the only points I have, Sir.

[Mr Deputy Speaker in the Chair]

4.46 pm

Mr S. Vasoo (Bo Wen): Mr Deputy Speaker, Sir, I rise to support the Bill.

The introduction of the Civil Defence Bill is timely and necessary. It is timely because I feel that it charts another milestone of growth in our total defence programme. We need to create a safer and secure environment for Singaporeans. As such, I think the Bill enhances the Civil Defence Force to be able to garner and mobilize resources which are essential for the provision of a safer and total defence environment. It is also timely because I feel that it will provide an impetus to the Civil Defence Force to grow and develop into a force which can be reckoned with.

It is essentially necessary because the Bill provides a basis for civil defence matters to be organised in an environment like ours. We live in a high-rise environment - a very compact environment and in such an environment there are a lot of events which we cannot predict and we need to meet exigencies of nature or emergencies from time to time. So the Bill will develop the capacity of the Civil Defence Force to organize the necessary resources to deal with emergencies and situations that are beyond our control.

Sir, the Civil Defence Bill will also enhance the status of the Civil Defence Force. On too many an occasion people think that the Civil Defence Force does not have this credibility. It is seen as a 'Dad's Army' in a sense, but with the passing of this Bill, it will give the Force the status, the image and the credibility to be able to discharge the necessary functions. Sir, the Bill also provides for the organization, mobilization, deployment and the effective management of the Civil Defence Force and I think this is essentially necessary because it provides the teeth and the instrument for the Force to be well organized.

Sir, recognizing that the Civil Defence Force requires the support of the civilian population, it must therefore seek to mobilize the participation of people in the various neighbourhoods or housing estates. I feel that it is necessary for the Ministry to look at the possibilities of providing logistics support and resources, essentially more resources, to the various Civil Defence units that are supported by our volunteers working side by side with our full -time personnel. This is essentially necessary because I find that unless sufficient resources and logistics are deployed at the neighbourhood we may not be able to mobilize an effective volunteer force at the various housing estates to be able to meet emergencies.

The other question which I would like to seek clarification of the Minister is that I see that under clause 111 the Government will provide compensation for volunteers who suffer loss of life or injury whilst on active duty. I am wondering whether this provision does cover people who suffer from temporary disability or partial disability as a result of their active service whilst undergoing training or called for duty. I feel that additional provision of welfare support should be given to volunteers because they form, to some extent, the backbone of our Civil Defence Force. I also think that it may be necessary to consider some form of insurance to cover, I suppose, against risks of such members who participate in CD movement. I hope the Minister will be able to look at this provision and provide for further extension of support and protection for volunteers whilst they are engaged in civil defence activities.

Prof. Jayakumar: Mr Deputy Speaker, Sir, I thank the Members who have spoken, and I think all of them were supportive of the Bill which makes my task much easier.

May I refer, first, to the Member for Tampines who is also the Senior Parliamentary Secretary, Ministry of Defence. I think his point was that about 34,000 reservists would be transferred to the Singapore Civil Defence Force shortly and I would like to assure him in response to his comments that they will be deployed in important tasks for the total defence of our country. The SCDF and the SAF, in fact, have been discussing how SAF reservists can be best deployed in civil defence. Many of them are, in fact, trained leaders and specialists and therefore the SCDF is badly in need of their services. I am therefore confident that SAF reservists will find their stint in the CD useful. In fact, many of the CD units have roles for which SAF reservist training will prove very relevant. Examples are leaders for our rescue forces, crane and heavy plant operators, medical auxiliaries and so on. I am sure that they will show the same commitment in civil defence as they have done in SAF.

I have taken note of the Senior Parliamentary Secretary's point about getting new upgraded premises and I hope that at the appropriate time, when submission is made, he will give us the necessary support by speaking also to the Minister for Finance.

Mr Deputy Speaker, Sir, I thank the Member for Siglap for his comments and, in particular, his comments on clause 23 and clause 102. I might mention that, since he referred to clause 23, that provision is very similar to and based on section 17 of the SAF Act.

The Member for Radin Mas raised two questions which require response. The first is clause 103(1)(a) which, again, we are very much influenced by models in other countries and I think this was based on comparable legislation in Queensland. His point was whether clause 103(1)(a) can be worked only upon order or direction of the Commissioner of Civil Defence. I take note of his concern but for all practical purposes it is going to be very difficult because in an actual emergency, especially one which is spread over a wide area, the Commissioner cannot be in many places at the same time. So there must be some delegation.

With regard to his question as to whether volunteers can be given power to call upon individuals and direct them to do this and that, I am not sure whether (a) the volunteers would feel comfortable in being entrusted with such wide powers; (b) there would also be a problem of accountability. For the present, what we have done is to have a role for volunteers which augments the official powers given to the SCDF. The SCDF, as you know, consists of regular enlistees to the Force, reservists and, if you look at clause 5, members of the auxiliary units for which provision has been for the long run. Looking ahead it may be possible to think of a situation where, after we have made considerable headway with the volunteers, you can develop a core of volunteers who may want to sign up as auxiliary members and they then would have the jurisdiction and powers which the Act confers officially to carry out functions referred to in clauses 102 and 103.

The Member for Bo Wen referred to clause 111. I think, upon reading of that provision, it does cover the situation that he referred to. But I take his point that we must not close our eyes to the various other incentives and other measures to encourage greater participation and back-up for the volunteers. His point is noted, and I am sure the SCDF will not fail to think of other measures in addition to the financial and monetary compensation.

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. - [Prof. S. Jayakumar].

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