T Y N W A L D C O U R T O F F I C I A L R E P O R T
R E C O R T Y S O I K O I L Q U A I Y L T I N V A A L
P R O C E E D I N G S
D A A L T Y N
HANSARD
Douglas, Tuesday, 18th August 2015
All published Official Reports can be found on the Tynwald website:
www.tynwald.org.im/business/hansard
Supplementary material provided subsequent to a sitting is also published to the website as a Hansard Appendix. Reports, maps and other documents referred to in the course of debates may be consulted on application to the Tynwald Library or the Clerk of Tynwald’s Office.
Volume 132, No. 18
ISSN 1742-2256
Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. © High Court of Tynwald, 2015 TYNWALD COURT, TUESDAY, 18th AUGUST 2015
Business transacted
Questions for Written Answer ...... 2339 1. Kensington Road Art School – Government ownership ...... 2339 2. Government committees – Details ...... 2339 3. Longest-serving monarch as Lord of Man – Plans to mark the occasion ...... 2347 4. Lower Douglas redevelopment – Development partner; details ...... 2347 5. Children with disabilities – Provision of services; assessment of means ...... 2348 6. Local government borrowing – Publication of new arrangement ...... 2349 7. Government Technology Services – Cost of maintenance, support and development . 2351 8. Isle of Man Government shared services – Scope of current review; details ...... 2351 9. Modernising Ministerial Government – Review of regulatory and enforcement functions ...... 2352 10. Callow’s Yard, Castletown – Petition of Doleance; preparation time and cost ...... 2352 11. Virtual Development Team – Provision of service; charge to users ...... 2353 12. Minimum Wage Committee – Cost of living assessment; economic impact of living wage ...... 2353 13. Minimum Wage Committee – Publication of reports ...... 2354 14. Drill Hall, Peel Road – Protected building registration ...... 2354 15. Nunnery Estate – Assessment of buildings and grounds...... 2355 16. Bride radar bunkers – Details of assessment carried out ...... 2356 17. Douglas Promenade Scheme – Public planning inquiry; date of sitting ...... 2357 18. Callow’s Yard, Castletown – Petition of Doleance; legal costs ...... 2357 19. Noble’s Hospital – Number of permanent and locum consultants employed ...... 2357 20. Newly-created positions in DHSC – Compliance with financial directions ...... 2358 21. Noble’s Hospital – Closure of Ward 20 ...... 2358 22. Hospital waiting lists – Numbers on each list; reasons for changes ...... 2359 23. Liverpool Care Pathway – Replacement care plans ...... 2361 24. Children’s orthodontic service – Service provided ...... 2362 25. Memoranda of Understanding – Agreements signed by Department and local authorities ...... 2363 26. Douglas Promenade Scheme – Cost of steel rail; details of supplier ...... 2363 27. Douglas Promenade Scheme – Business case to be placed in Library ...... 2363 28. Callow’s Yard, Castletown – Legal costs for defence of Petition of Doleance ...... 2364 29. Island’s uplands – Ownership and use of land ...... 2364 30. Construction of Druidale pond – Retrospective planning application ...... 2366
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Tynwald
Questions for Written Answer
CHIEF MINISTER
1. Kensington Road Art School – Government ownership
The Hon. Member for Douglas South (Mrs Beecroft) to ask the Chief Minister:
Whether the former Art School on Kensington Road is in Government ownership; and, if so, who is responsible for decisions regarding its use?
The Chief Minister (Mr Bell): The Isle of Man Government owns the building and the Department of Education and Children (DEC) are responsible for decisions regarding its use. 5 In accordance with Government policy the Department is undertaking a strategic review of all its properties within its portfolio and Richard Collister, the Department’s Estates Manager, has been asked to report back on this when he returns from his summer leave. The Youth Arts Charity Trustees have been raising funds to invest in the Youth Arts Centre and the Lottery Trust have indicated that they would look to funding improvements to the 10 facilities within the building, but security of tenure would be a significant factor if an award is to be made. The DEC would support the opportunity to develop Youth Arts in this way.
2. Government committees – Details
The Hon. Member for Douglas South (Mrs Beecroft) to ask the Chief Minister:
How many Government committees there are; which make payment to committee members; what the committees are called; what their purpose is; and who their members are?
[Permission was received for Question 2 to be answered the following week.]
The Chief Minister (Mr Bell): For the purposes of this Answer we have used the following interpretation to determine the meaning of Government committee:
‘A group of people appointed either by statute or by delegation to perform a specific function in relation to the operation of Government. It excludes Crown appointments (i.e. appointments by the Governor, including Governor in Council functions), judicial appointments or Tynwald appointments. It also excludes statutory boards, commissions or offices.’ 15 Tribunals have also been excluded from this response. There are approximately 30 bodies supported by the Tribunals administration section of the Courts and Tribunals Division of the General Registry. The great majority of these bodies are appellate tribunals whose members are appointed by the independent Appointments Commission to a panel from which the tribunal
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20 membership is selected to determine particular matters in a quasi-judicial determination and are remunerated in line with the provisions of the Payment of Members’ Expenses Order. In order to collate this information, we have sought information directly from Departments and other Government bodies. While we have attempted to compile as comprehensive a list as possible, it should be noted that there may be omissions due to the broad nature of the 25 definition. The list of Government committees is shown below as Appendix A.
APPENDIX A
Name of Brief Description Names of Appointed Statutory Number of Line of Do you Body of Role Committee By Basis Appointees Sight make Members payment to Committee members? Advisory Council Advice on illegal Dr K Wafer, DHSC, after Section 1 and Not less than 8 DHSC No on the Misuse of drugs controls Mr G Higgins, consultation Schedule 2, Drugs Mr S Jacques, with Misuse of Mr P Curphey, appropriate Drugs Act Mr Plenartowicz, persons 1976 Mr G Roberts, Mr C Coue, Mr J Lalor-Smith
Agricultural Represents Minister Ronan. DEFA and Agricultural Chairman from DEFA No Marketing producers and John Harrison OFT, with Marketing DEFA, Committee consumers (DEFA), other approval by (No.2) Act 3 consumers, members subject to Tynwald 1948 (nominated by appointment and OFT), availability 3 producers (nominated by DEFA)
Agricultural Marketing advice Frank Cain (Chair) Elections by Section 3, 15 DEFA Yes Marketing and consultation Frank Rush producers Agricultural Society (Secretary), Marketing Act Allan Skillicorn, 1934 Carl Huxham, Heather Blackley, Jane Cain, Anthony Allen, an IOMC Director, an IOMM Director, Peter McEvoy (DEFA), Ian England, Geoff Taggart Agricultural Sets the wages and Mr M.J.S. Gaffney; DEFA Section 1, 9 DEFA Yes Wages Board benefits for Mr C. H. Faragher; Agricultural (3 independent, agricultural and Mr P.M. Williamson; Wages 3 employers horticultural Mr A D Radcliffe; Act 1952 representatives workers in the Isle Mr W. A. Skillicorn; and 3 employee of Man Mr R.G.Taggart; representatives) Mr Alan D.Radcliffe; Mr T.P.Gilmore; Mr M.Osborne
Appointments Appointments to Ms J Yates, Council of Section 1, 5 appointed by Council No , CO just Commission various tribunals Mr T R Craig, Ministers Tribunals Council of of appoint. They etc Ms H Booth, Act 2006 Ministers Ministers are Mr R P Corkhill, remunerated Ms J Watson under POME act but this would be by Treasury or Gen Reg Chief Minister's The Committee is Chief Minister Council of The Town and 4 Chief No Regeneration responsible for (Chair), Treasury Ministers Village Centre Minister Steering Group developing and Minister, Minister Regeneration driving the strategy for Economic Scheme 2013 and implementation Development, (Statutory of the regeneration Minister for Document No. of the Island’s town Infrastructure 0730/2012) centres and villages.
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Name of Brief Description Names of Appointed Statutory Number of Line of Do you Body of Role Committee By Basis Appointees Sight make Members payment to Committee members? Education Act Advice etc on Mr Paul Craine, Education Section 12, 15 DEC Yes Education Religious religious education Bishop Robert Council (under Education Act Council Education in schools Paterson, regulations 2001 Members Committee Rev James made by DEC) McGowan, Rev Richard Hall, Mrs Barbara Brereton, Mrs Tracey Martin, Mrs Fiona Robinson, Mrs Jean Aksoy, Mr Jonathan Ayres, Mrs Clare Baker, Mr Roger Bankes- Jones, Mrs Angela Daugherty Mrs Christine Garood, Mr Canon P Gillespie, Mr Rob Simpson, Mrs Muriel Garland. NOTE: This is the full list of REAC membership as it was in July – some of these have now left (Canon Gillespie and Chris Garood) Education To advise the Hon Tim Crookall, Appointments Miscellaneous 15 DEC Yes Education Council Department, act as Mr Geoff Corkish, Commission Provisions Act Council its representatives Mr Andrew Shipley, 2009 Members on Mr Geoff Moorcroft, Governing Bodies Mr T Bennion, of schools and Dr PGS Allinson- undertake other Cook, duties as requested Mr G Roberts, by the Department, Mrs J Pendree, e.g. appeal panels Mr R Bankes-Jones, for pupil Mrs T Martin, suspensions, etc. Mr R Turton, Mrs F Robinson, Mr R Smith, Mr S Bevan, Mrs B Brereton, Mrs G Mrs Skinner, Prof Ronald Barr, Mrs L Strickett, Mrs M Franwick, Mrs E M Mansfield
Environment and Sub-Committee of Minister for Council of None directly 5 Cabinet No Infrastructure Council of Ministers Infrastructure, Ministers Office Committee whose purpose is Minister for to coordinate the Environment, Food development and and Agriculture, delivery of Minister for Policy integrated policy in and Reform, relation to the Minister for Island’s Economic environment and Development, Chair the infrastructure of the MUA necessary to ensure that well-targeted, effective, efficient public services are provided to support Government’s policy priorities
Gaelic To promote and Dr B Stowell Council of Section 12(3), Chairman and Commun An Broadcasting advise the (Chair), Ministers. Broadcasting not less than 3 ications Administration Committee Communications Hon P A Gawne Section 12(4) Act other members. Commiss fee is paid, Commission and MHK, of the 1993 Council agreed ion but payments Treasury on the Dr B Maddrell, Broadcasting in 2009 to are not making and Mr A Cain Act 1993 increase the currently broadcasting of states membership of made to programmes in that the the Committee committee Manx Gaelic, Council has to beyond the members, including the consult with statutory however promotion of the the minimum. under the Manx language, Commission Currently a Payment of history and culture. before Chairman and 6 Members appointing other members. Expenses Act any member lay members of the GBC are entitled to allowances.
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Name of Brief Description Names of Appointed Statutory Number of Line of Do you Body of Role Committee By Basis Appointees Sight make Members payment to Committee members? Government A sub-committee of Minister for Policy Council of N/A 11 Council No Reform Team the Council of and Reform, Ministers of Ministers. a member of Ministers Tynwald, To support delivery Chief Secretary, of the vision for Chief Financial Government Officer, reform. Chief Officer - OHR, - To gather policy Cabinet Office, information from Director of Business Government Change and sources and Reform, Director of elsewhere to Policy and Strategy, identify and present Director of the key challenges Government facing the Technology Government to the Services, Council of Change and Reform Ministers. Manager, - To prioritise the Communications challenges faced by Executive, Government in Change and Reform delivering Officer sustainable services to the public of the Isle of Man, through the Agenda for Change. - To develop policy and strategy which supports the Government’s change agenda by overseeing the Government’s change and reform programme and by providing political and strategic direction to the Change and Reform Working Group (for current priorities and workstreams please see Appendix).
Health Consultation and Mr F P Masserick, Appointments Reg 2, 6 DHSC Yes Independent complaints Dr A Guy, Commission National Review Body Mr Colin Brown, Health Service Mr Brian Holt, (Independent Mr Harry Review Body) Messanger, Regulations Chris Barr 2004 made under Sections 2 and 38, National Health Services 2001 Act Health Services Consultation on Mr J K Whitehouse, Appointments Section 2, 9 DHSC Yes Consultative NHS matters Mr A Swithinbank, Commission National Committee Ms Dawn Mayor, Health Service Mrs SJ Gowing, Act Mrs S E Godby, 2001 Mrs Diane Kelsey, Dr M O Norris, Mr Colm Andrew, Linda McCauley
Health and Need for (and role To be established N/A N/A N/A DEFA To be Safety of) the Committee established Consultative to be reviewed Committee following transfer of the Health and Safety at Work Inspectorate to DEFA
Income Tax Purpose is to hear June O'Neill Appointments Section 88, 9 Treasury Members Commissioners appeals in cases (Chairman), Commission Income (ITD) entitled to where a person is Michael Shimmin, Tax Act 1970 attendance in a tax dispute Graham Fawley, and travelling with the Assessor Annemarie Hughes, allowances of Income Tax Bernard Joseph O'Kelly, Leslie Cunliffe, Stephen Rumsey, Paul Hotchkiss
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Name of Brief Description Names of Appointed Statutory Number of Line of Do you Body of Role Committee By Basis Appointees Sight make Members payment to Committee members? Independent To satisfy Mrs A Gelling, Minister for Part 7 (rules Minimum of 6 DHA Yes, but only Monitoring Board themselves as to Mrs S Johnson, Home Affairs 80 to 88) of persons (current for attending (Prison) the state of the Mrs S Flack, the Custody membership of meetings and premises of an Mr T Clucas, Rules 2015 13 persons) travel not for institution, the Mrs R Crowe, inspection of administration of Mr A Ferguson, the prison and the institution and Mrs S Gowing, cells. the treatment of Mr T Heggs, detainees with the Miss A Thomsett, power to direct the Mr R Ringham, Governor's, and the Mr G Curtis, Department of Mrs A Joughin, Home Affairs', Mr B Pimm-Smith attention to any issues and abuse.
International To the implement Hon P A Gawne Council of Non-statutory 5 Tynwald No (Payments Development the Isle of Man MHK Ministers but follows (3 Tynwald (Cabinet are not Committee Government's Mr D Anderson MLC Council of Members and 2 Office) currently policy on Mr H Green MBE Ministers’ lay members) made to International Ms C Bader policy as laid committee Development by 1 place to be filled out in the members, ensuring - *Mr Braidwood was June however - that aid is not re-elected as 2008 report under the targeted MLC, he was IDC by Council Payment of effectively; Member entitled “The Members - that appropriate Policy and Expenses Act mechanisms are in Funding of lay members place for granting Overseas Aid”. are entitled to aid, in accordance allowances). with best practice elsewhere; - that the Island's voluntary sector is engaged in the process, and that the people of the Isle of Man continue to be encouraged to support the alleviation of world poverty Isle of Man Identification and Hon J Watterson Council of N/A 6 Cabinet No Government preservation of war MHK, Hon R Ronan Ministers Office Preservation of memorials MHK, Mr H Duff, War Memorials Mr R Christian, Committee Mrs F Robinson, Mr K Dalrymple
Isle of Man Rent Established in law Mr J Wright Appointments Section 1, 3 General Members and Rating to hear and (Chairman) Commission Rent and Registry/ entitled to Appeal determine Mr E W Cleator Rating Treasury attendance Commissioners objections against a Mr D N Taylor Appeals Act ? and travelling rate, or a level of 1986 allowances rent, levied. The Tribunal also considers and determines disputes in relation to property service charges. Local Research Provision of Derek Legg, Minister for NHS Act 2001 9 DHSC Lay members and Ethics independent advice Lynne Valerga, Health and only are paid Committee to the Department, Emran Khan, Social Care not employed participants, Caroline Coleman, staff researchers, Helen Teare, sponsors, James Riley, employers, care Dr Mark Skelding, organisations and Roger Phillips, professionals on Vivienne Bridson the extent to which proposals for research studies comply with recognised ethical standards Mental Health Regulate the Dr Helen Minister for s.119, Mental 7 DHSC Yes Commission provisions of the Nightingale, Health and Health Act Mental Health Act Dr Richard Crellin, Social Care 1998 Dr Pablo Vandenabeele, Mrs Jill Windsor, Mr Francis Masserick, Ms Helen Kneale, Mr Frank Pattison
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Name of Brief Description Names of Appointed Statutory Number of Line of Do you Body of Role Committee By Basis Appointees Sight make Members payment to Committee members? Minimum Wage Re minimum wage Anne Marie DED Section 2, Chairman and 4 DED Yes - though Committee levels Weadock, Minimum other members Steven Chairperson, Wage Act Bradley elects Steven Bradley, 2001; not to be Bernie Murphy Minimum paid. Jonty Arkell, Wage Bill Galley Committee Regulations 2002 National Strategy A sub committee of Chief Minister, Council of No N/A Council No Group the Council of Treasury Minister, Ministers of Ministers. Minister for Ministers Established to Economic address issues of Development strategic national importance and ensure that the utmost priority is given to the three national imperatives within Agenda for Change. NSG sets direction and establishes work streams which undertake detailed policy development on strategically important issues. The Committee also monitors key current issues which have the potential to impact the Island's economy and/or reputation.
Parole To consider Mr J Kermode, Minister for Section 23, 6 to 9 persons DHA Yes, but only Committee applications from Mrs C Faulds, Home Affairs Custody (presently 9) for attending prisoners for the G Skinner, Act 1995 and meetings and release on, and J Baker, rule 82 of the travel not for recall from, parole S Scott, Custody Rules case and make A Christian. 2001 preparation. appropriate Temporary recommendations appointment to to the Minister for consider one case Home Affairs (S Parkes, A Fehle)
Planning Purpose: Mr Chris COMIN Town and 5 plus the DEFA Yes Committee determination of Robertshaw MHK Country Chairman of the applications for David Evans Planning Act Planning • planning approval Ian Cottier 1999 and Committee • registered Adrian Kermode Town and building consent Walter Gilbey Country • demolition in a Peter Young Planning conservation area (Development • changes to Procedures) planning conditions (No 2) Order • consent under 2013 advertising regulations
Police Advisory Advise the Mrs G Corkish, Council of Section 18, As required DHA Yes Group (PAG) Department of P Gelling, Ministers Police currently 5 Home Affairs on Mr B Jeavons, Act 1993 maintaining and Mr D Stacey, improving the Mr D Anderson efficiency of the MLC. Police Force Police To provide advice Mrs A McDonald, Council of Section 18, As required DHA Yes Consultative and support to the Mr A Gilmore, Ministers Police currently 8 Forum (PCF) Police Mr C Cain, Act 1993 Advisory Group Mrs T Lomax, using information Mr K Weir, submitted Mr J Foster, to the Group by the Mr W Gilbey, Public and its Mr A Christian community representatives
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Name of Brief Description Names of Appointed Statutory Number of Line of Do you Body of Role Committee By Basis Appointees Sight make Members payment to Committee members? Wildlife Scientific advisory Kate Hawkins MNH DEFA Section 3, As DEFA thinks DEFA Have powers Committee re wildlife and Dora Querido, Endangered fit to but don’t (formerly related matters Manx Birdlife Species Act pay them. Scientific John Thorpe 2010 Advisory DEFA Heads of Section 24 Committee) Directorates Wildlife Act DEFA Freshwater 1990 ecologist DEFA Principal Biodiversity Officer (convenor) Subject to imminent review School Governing Section 5 of the N/A DEC Section 5 of N/A DEC N/A Bodies Education Act 2001 the Education makes provision for Act 2001 a governing body for each secondary school and primary school, the constitution and proceedings of which are set out by an ‘instrument of Government’ as put in place by the DEC. In addition, the DEC will set out ‘articles of Government’ for each school which determine the conduct of the school. Social Care To consider Mr Thomas Richard Appointments Section 26, 1 Chairperson; 4 DHSC N/A Indepdendent complaints relating Holland Sowler; Commission Social Services panel members Review Body to decisions made Dr Roger Harry Act 2011 by the DHSC under Ritson; Part 2 or 3 of the Mr Derek Malcolm Social Services Act Booth; 2011. Mrs Claire Louise Newall; Dr Malcolm Owen Norris
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Name of Brief Description Names of Appointed Statutory Number of Line of Do you Body of Role Committee By Basis Appointees Sight make Members payment to Committee members? Social Policy and A sub-committee of Minister for Home Council of N/A N/A Council N/A Children's the Council of Affairs (Chair), Ministers of Committee Ministers. Minister for Ministers To co-ordinate the Education and development and Children, Minister delivery of for Health and integrated social Social Care, policy to ensure Minister for Policy that well-targeted, and Reform effective, efficient public services are Attendees for provided to support relevant items: Government’s three Member for policy priorities, Economic namely: Development - Grow the (Member for economy Employment and - Balance public Skills) finances Member for - Protect the Treasury (Member vulnerable for Social Security) Member for Infrastructure / DEFA (Member for Housing)
Chief Executive Officer, Department of Education and Children, Chief Executive Officer, Department of Health and Social Care, Chief Executive Officer, Department of Home Affairs, Director, Cabinet Office , Chair of Children’s Services Partnership, Minute Secretary
As and when necessary, the Sub Committee may co- opt persons from within Government or the community, in an advisory capacity, to assist with the consideration of issues referred to the Sub Committee IOM Sport Supporting the Gary Corkhill, Council of Established by 8 DEC NIL, although (formerly Sports funding and Sarah Corlett, Ministers Tynwald members can Council) development of the Richard Radcliffe, claim mileage voluntary sports Graeme Watson, to meetings sector including the Gail Corrin, but invariably Governing Bodies Laura Dalton, never do. of Sport; and Clive Parish, promoting Karen Riordan excellence in sport
Tynwald To provide advice. Council of Section 9 (2), 5 Tynwald N/A Advisory Council Ministers Chronically (2 Tynwald (DHSC) on Disabilities Sick and Members and 3 Disabled others) Persons Act appointed by 1981 Council of Ministers
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Name of Brief Description Names of Appointed Statutory Number of Line of Do you Body of Role Committee By Basis Appointees Sight make Members payment to Committee members? War Pensions Provides support to Mr Tom Lord MBE Travelling Regulation 18 Treasury Members Committee the Veterans (Chair) allowance 3(2), Isle of entitled to Agency, assists war The Venerable A only Man War travelling pensioners Brown, Archdeacon Pensions allowances (surviving spouses, of Mann Committee civil partners), Dr R Philip Christian Regulations enables and fosters Squadron Leader R 2002 consultation with D Clucas the UK Secretary of Mrs J Kelly State on issues Mr W H Kneale affecting war Mr K G Manktelow pensioners. Prof R Berry Mrs A Brown Mr J F Cleverley Mr D Hulme Ms E Kewley Mrs L Leece Mr G Moughtin Mr R Noble Major C Wilson Hon R Ronan MHK Lady S Walker Work Permit Granting of work Susan Corlett DED Delegation of Chairman and 2 DED Yes Committee permits (Chairperson), Departmental other members Carol Jempson, powers under William Noble section 3(2) Government Departments Act 1987
3. Longest-serving monarch as Lord of Man – Plans to mark the occasion
The Hon. Member for Douglas West (Mr Thomas) to ask the Chief Minister:
Whether the Isle of Man will mark 9th September 2015 when Her Majesty will have been Lord of Man for longer than any previous monarch; and if so, how?
The Chief Minister (Mr Bell): There are currently no plans to mark Her Majesty the Queen becoming the longest serving British monarch on 9th September 2015 in the Isle of Man. This 30 follows the approach in the UK where, we understand, there are no plans expected in this regard. However, to mark the occasion, the Isle of Man Post Office issued a set of commemorative stamps in June 2015 and will issue a special product on 9th September 2015.
4. Lower Douglas redevelopment – Development partner; details
The Hon. Member for Douglas West (Mr Thomas) to ask the Chief Minister:
Pursuant to his statement in the document Securing a Sustainable Future for our Island: an update to the Agenda for Change, that a development partner for the Lower Douglas redevelopment sites at Lord St and Parade St will be selected by October 2015 as the first step in the redevelopment of Douglas Quayside as part of the Douglas Masterplan: (a) what criteria will be used for the selection; (b) which body and people will make the selection; (c) how Tynwald will be involved in the selection process; and
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(d) whether the shortlist and other information about the selection decision will be made public?
The Chief Minister (Mr Bell): The disposal of the two sites in Lower Douglas at Parade Street 35 and Lord Street is being led by the Department of Infrastructure as the landowner working closely with the Strategic Asset Management Unit in Treasury. (a) In the Invitation to Bidders document the criteria for the selection is outlined. These are weighted 50% towards a financial proposal, 25% towards deliverability and timescales and 25% towards equality of development and the enhancement of the public 40 realm/amenities – for example, the aspirations of the Central Douglas Masterplan. (b) The bids submitted will be reviewed by a cross-Government group of officers. The cross- Government officer group will look to establish a shortlist from the bids received following an initial review to confirm compliance with the bid specification. The cross- Government group will then, if required, seek presentations from those shortlisted and 45 these will be considered by the Chief Minister’s Regeneration Steering Group. Following this a recommendation will be made to the Department and Treasury for acceptance or otherwise of the preferred bidder. Following Departmental and Treasury concurrence the matter will be referred to the Council of Ministers, via the National Strategy Group, for final consideration. 50 (c) The selection process is as outlined at (b) above. Any necessary Tynwald approval for a disposal will be applied for. (d) It will be a matter for the Department of Infrastructure whether the shortlist and other information about the selection process is made public. The Selection Committee will be mindful of any commercial confidentiality issues.
5. Children with disabilities – Provision of services; assessment of means
The Hon. Member for Douglas West (Mr Thomas) to ask the Chief Minister:
For which services, equipment and adaptations provided to disabled children by the Departments of Education and Children, Health and Social Care and Infrastructure the means of parents and other adults are assessed and taken into account; and how this aligns with the recently adopted Isle of Man Government Children’s Policy?
55 The Chief Minister (Mr Bell): I understand the Hon. Member may in fact be referring to the Strategy for Children and Young People 2015-2020 which aligns with the current practice, policy and procedures of the different Departments involved with children with disabilities. The Department of Education and Children provides disabled children and young people with suitable educational opportunities to promote participation and attainment, develop skills and 60 build resilience. The Department of Education and Children does not assess the means of parents or other adults when determining what educational services and support is required to meet the educational needs of disabled children and young people. It does consider whether parents have the means to transport their child to school, or other educational provision, where the 65 Department has arranged a non-catchment placement for the purpose of meeting the child’s special educational needs. The Department of Health and Social Care does not assess the means of parents or other adults when determining the health and social care needs of children with disabilities, including respite and residential provision. ______2348 T132 TYNWALD COURT, TUESDAY, 18th AUGUST 2015
70 The Department of Infrastructure’s Housing Division operates an internal policy, the equipment and adaptations policy, which guides arrangements for equipment and adaptations to the homes of disabled children and adults, and it does operate financial assessments for this service. The policy was drafted as a joint policy with the Department of Health and Social Care and all applications require an assessment and referral by an Occupational Therapist. 75 This is currently an operational policy as there is no statutory requirement to provide financial assistance for equipment and adaptations. However, there is provision under the Housing (Miscellaneous Provisions) Act 2011 to create a scheme to allow a person to make specified improvements to their living accommodation, and consideration may be given in the future to creating appropriate secondary legislation. 80 The policy aligns with the provisions of the Chronically Sick and Disabled Persons Act 1981. Assistance is subject to income assessment as prior to this the budget was substantially insufficient to meet demand, particularly in respect of significant structural and extension work to properties. The conditional statements below in the Chronically Sick and Disabled Persons Act 1981, 85 clause 2, allow the Department to consider means and ability to pay with regard to whether it is reasonable or necessary to provide assistance:
‘Where the Department is satisfied that it is necessary in order to meet the needs of that person for the Department to make arrangements, namely (e) the provision of assistance for that person in arranging for the carrying out of any works of adaptation in his home or the provision of any additional facilities designed to secure his greater safety, comfort or convenience; the Department shall (if in the circumstances it considers it reasonable) make those arrangements.’
The equipment and adaptation provision is budget limited. The Hon. Member will be aware 90 that the policy is periodically reviewed within his own Department and assistance realigned with the available budget and prevailing needs. The Island’s Children and Young People’s Strategy 2015-2020 does not make any reference to means testing; however, across many areas of Government means testing does operate and it is not inconceivable that in the future, on the grounds of fairness and eligibility, financial 95 assessments and charging will be a more regular consideration in determining access to finite resources.
TREASURY
6. Local government borrowing – Publication of new arrangement
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for the Treasury:
Pursuant to information provided in March 2015, if he will publish the new HSBC local government borrowing arrangements including: (a) the term and size of the agreement or facility; (b) legal entities who have signed or are otherwise involved; (c) the jurisdiction of the legal arrangements; (d) the term and interest rate spread and base for floating interest rate credit, and term and rate of any fixed interest rate elements available; and (e) options available to the borrowers and lender(s) during the life of the agreement or facility and at its expiry?
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The Minister for the Treasury (Mr Teare): The contract which has been entered into with HSBC for local government borrowing contains a confidentiality clause which prevents the disclosure of commercially sensitive detail; however, the main elements of the agreement which 100 are not commercially sensitive, in line with the question asked, are set out below: (a) The new borrowing facility for the local authorities, which is being provided by HSBC Bank plc, currently provides a facility of up to £90 million over a five year period. (b) Legal entities who have signed the Agreement are as follows: the Treasury, as guarantor; HSBC Bank plc, as lender; and the borrowers listed below: 105 Arbory Parish Commissioners Braddan Parish Commissioners Castletown and Malew Elderly Person Housing Board Castletown Town Commissioners 110 The Mayor, Aldermen and Burgesses of the Borough of Douglas Marashen Crescent Housing Committee Onchan District Commissioners Peel and Western Housing Committee Peel Town Commissioners 115 Port Erin Commissioners Port St Mary Commissioners Ramsey Town Commissioners Ramsey and Northern District Housing Committee The Churchwardens for the Parish of Rushen 120 The Churchwardens for the Parish of Arbory and Castletown
Should other local authorities wish to avail themselves of borrowing they may apply to join the HSBC Agreement. (c) The Agreement is governed by English law. 125 (d) Variable rate loans may be amortised over a period up to 30 years, although the Agreement provides for borrowing for a five-year period, which may be extended by a further five years. HSBC has not been asked to provide fixed rate borrowing at this time. Over the past three years the Treasury has advocated the use of variable rate loans rather than fixed rate and this 130 has achieved significant savings by reducing the requirement for local authority deficiency payments. (e) During the lifetime of this Agreement the lender may at its discretion, at the written request of The Treasury, agree an extension to the original re-finance date of a further 60 months. Such request is to be made in the extension request period, which begins 54 months 135 after the date of the Agreement and ends 57 months after the date of the Agreement.
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POLICY AND REFORM
7. Government Technology Services – Cost of maintenance, support and development
The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Policy and Reform:
Pursuant to Written Question 2 on 30th June 2015 if he will give a breakdown of the sum of £9,971,470 reflected in the table as maintenance, support and development of systems and infrastructure by Government Technology (net of recharge) for the whole of Government?
The Minister for Policy and Reform (Mr Shimmin): Government Technology Services is charged with the running of all infrastructure and ICT systems across Government and the budgetary figure previously provided for maintenance, support and development was broken 140 down as follows:
Hardware/replacements/spares £718,307 Datacentre environments £871,662 Communications, post and usage £1,493,843 Software licences £1,669,227 Software support and maintenance £5,142,397 Training £20,161 Miscellaneous £56,873 Maintenance, support and development £9,971,470
These numbers were budgetary numbers and GTS was able to deliver the 2014-15 actuals within the overall budget that included £750,000 of savings from the previous departmental budgets.
8. Isle of Man Government shared services – Scope of current review; details
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Policy and Reform:
What the scope of the current review of Isle of Man Government shared services is; who is carrying it out; and to whom and by when will the report be made?
The Minister for Policy and Reform (Mr Shimmin): The scope of the review is detailed below:
Phase 1 Phase 2 Phase 3
Procurement Estates IT Finance Internal Audit Catering Payroll Fleet HR Caretaking Asset management
145 The review is being carried out by the Assurance Advisory Division of the Treasury with support from the Change and Reform team in the Cabinet Office. The report will be issued to the
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relevant Ministers and Chief Executives from those Departments that host shared service functions. The client sponsor (the Chief Secretary) and the Chief Financial Officer will also receive a copy 150 of the report. The report will also be submitted to the Public Accounts Committee and the Government auditors, KPMG, in line with standard procedures. It is expected that the report will be completed by November 2015.
9. Modernising Ministerial Government – Review of regulatory and enforcement functions
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Policy and Reform:
Who is carrying out the Modernising Ministerial Government review of the regulatory and enforcement functions in Government and investigating the fused regulator concept; and when and to whom a report will be made?
The Minister for Policy and Reform (Mr Shimmin): The Cabinet Office is working with areas 155 across Government which carry out regulatory and enforcement functions set out in primary or secondary legislation to prepare a report for submission to the Council of Ministers in October 2015 with the aim of submitting the report to the December 2015 sitting of Tynwald. Full consideration of the rationale and high level objectives for any possible merger of regulation and enforcement functions will be undertaken as part of the work to consider 160 Government as a single legal entity.
ACTING ATTORNEY-GENERAL
10. Callow’s Yard, Castletown – Petition of Doleance; preparation time and cost
The Hon. Member for Onchan (Mr Quirk) to ask the Acting Attorney General:
How many hours his office spent preparing and attending the court for the Petition of Doleance in relation to Callow’s Yard; and what the cost of this was?
The Acting Attorney-General: The number of hours spent by a legal officer in preparing for and attending court in this matter are estimated at 90 hours. This amount of time has been estimated as it is part of the total of 99 hours officer records indicate were spent in preparing 165 advice for the Department in this matter, some of which was completed before the petition to the court was made. The cost of providing 90 hours of legal officer support totals £6,750, which has been calculated at an average of £75 per hour. This is an average of the gross salary costs and does not include other administrative costs or costs associated with running the Attorney General’s 170 Chambers, such as utility costs etc. Legal support provided by the Attorney General’s Chambers to Departments, Boards and Offices is free and is not recharged.
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ECONOMIC DEVELOPMENT
11. Virtual Development Team – Provision of service; charge to users
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Economic Development:
To whom a service has been provided by the Department’s Virtual Development Team; and what proportion of the costs of his provision have been charged to users of this service?
The Minister for Economic Development (Mr Skelly): The establishment of the Virtual Development Team at the end of 2014 brought together relevant officers across Government to 175 work corporately on development opportunities for key sites in public and private ownership. The team is co-ordinated by an officer based in the Department of Economic Development. The work of the team includes providing advice to individuals and companies seeking to undertake such developments on the Island, particularly ones likely to lead to significant job creation. The importance of creating a joined-up approach across Government cannot be understated. 180 It is essential to support the drive to continue to diversify and grow the Island’s economy. The requirement to obtain planning approval is also a fundamental part of most new development proposals and it is therefore important that the process is as effective, efficient and timely as possible while having proper regard for planning policy. In the eight months since its inception, the Development Team has met regularly to 185 determine priorities and commence implementation of initiatives likely to assist in growing the economy. The team has had significant involvement in several major schemes as well as assisting a number of existing privately owned businesses on the Island to expand. Together these developments could create several hundred jobs. Several of these projects are commercially confidential and so it is not possible to name the businesses. 190 Officers of Government have always assisted major developments at no charge and this policy has continued. Given the projects that the team assists are expected to generate a significant number of jobs and so generate substantial additional Government income, the potential benefits far outweigh the costs of the team.
12. Minimum Wage Committee – Cost of living assessment; economic impact of living wage
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Economic Development:
Whether the Minimum Wage Committee has commissioned an assessment of (i) the cost of living with reference to the minimum wage rate and (ii) the economic impact of payment of an Isle of Man living wage?
The Minister for Economic Development (Mr Skelly): Each year the Minimum Wage 195 Committee seeks evidence from a wide range of sources including employers, unions and Government. This does include evidence relating to (i) the cost of living with reference to the minimum wage rate. As the Department’s Answer delivered to the Hon. Member’s Question at the July sitting of Tynwald made clear, the Minimum Wage Committee has no remit to consider the living wage;
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200 therefore the Committee has not commissioned an assessment of (ii) the economic impact of payment of an Isle of Man living wage.
13. Minimum Wage Committee – Publication of reports
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Economic Development:
If he will publish – (a) the full report of the Minimum Wage Committee made under Section 2(1) of the Isle of Man Minimum Wage Act on 23rd May 2014; and (b) the full report and recommendation of the Minimum Wage Committee which is being researched and prepared?
The Minister for Economic Development (Mr Skelly): The full 2014 Minimum Wage Committee Report was published on the Minimum Wage page of the Isle of Man Government website on 12th August after an inadvertent delay. 205 It should be noted that the names of private individuals who responded to the Committee’s review are redacted as their evidence is provided in confidence. Future reports and recommendations, including those currently in preparation, will be published as a matter of course. The report can be found at http://www.gov.im/media/1348597/mwc-recommendation- 210 2014b.pdf
ENVIRONMENT, FOOD AND AGRICULTURE
14. Drill Hall, Peel Road – Protected building registration
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture:
Pursuant to his Answer in July Tynwald in respect of protected building registration of the Drill Hall, Peel Road: (a) what Manx National Heritage’s views were on the historical, evidential, communal and aesthetic value and significance of the Drill Hall, Peel Road and whether it made a recommendation to register the building; and (b) what the Department of Infrastructure’s Conservation Officer’s views were on the historical, evidential, communal and aesthetic value and significance of the Drill Hall, Peel Road?
The Minister for Environment, Food and Agriculture (Mr Ronan): Madam President: (a) The views of Manx National Heritage were set out in an e-mail dated 22nd February 2013. In summary, these were that in their view this building would meet the criteria under the relevant legislation for registering as a building of historical interest because of its military 215 associations and use since 1896. Also it is of architectural interest in terms of its construction and that it is unique on the Island. ______2354 T132 TYNWALD COURT, TUESDAY, 18th AUGUST 2015
(b) The advice of the Department of Infrastructure’s Conservation Officer’s was:
‘The property has some historic interest given it was the first purpose built Drill Hall on the Island, but that in itself is not considered sufficient for addition to the protected buildings register. Discussion has taken place about the installation of a plaque on the site indicating the history and former uses of the site, if and when it is redeveloped.’
220 The Conservation Officer recommended that no further action should be taken to include the building on the Protected Building Register.
15. Nunnery Estate – Assessment of buildings and grounds
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture:
How the architectural, historical, evidential, communal and aesthetic value and significance of the Nunnery Estate buildings and grounds have been assessed (i) during Government’s ownership of the Nunnery and (ii) since Government has sold it; and when, how and by whom the decision will be taken whether to enter Nunnery buildings and grounds in the Protected Buildings Register?
The Minister for Environment, Food and Agriculture (Mr Ronan): Madam President, whilst in Government ownership, in 2002, research was undertaken that identified the potential to 225 register a number of buildings at the Nunnery. However at the time the former DOLGE did not proceed with this. Mr Thomas was provided with a copy of this research in an e-mail from the Director of Planning and Building Control on 3rd February 2015. During the recent sale of the Nunnery by the Department of Education and Children to the Manx Educational Foundation, the Department of Infrastructure received a request to register 230 the Nunnery from Mr Thomas MHK. Given the time lapse from the original research, the Department of Infrastructure therefore commissioned a desktop study into the potential to register buildings and/or designate a conservation area on the Nunnery Estate. This work was undertaken by Patricia Tutt, a chartered architect and expert in Manx architecture and completed in April 2015. A copy of the research 235 can be found on the Government website at http://www.gov.im/categories/planning-and- building-control/planning-building-control-library/conservation/ For each of the buildings within the study area of the wider Nunnery Estate (including the adjacent Dolls House owned by Mr Thomas MHK) a detailed assessment has been undertaken against the criteria for registration as set out in section 14 of the Town and Country Planning Act 240 1999; and policies RB/1 and RB/2 of Planning Policy Statement 1/01 ‘Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man’. The Department considered a report on the potential registration of buildings at the Nunnery Estate on 3rd June 2015, a decision was then deferred until after a site visit undertaken by the Minister, Chief Executive and Director of Planning and Building Control on 17th June 2015. 245 Subsequently the Minister agreed on 7th August 2015 to the following: (1) Note the conclusions of the April 2015 research which recommend the registration of the following buildings and the designation of a conservation area for the whole Nunnery Estate: the Mansion House the Nunnery Chapel 250 East Gatehouse and Lodge
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Gateposts at the West Gatehouse and Lodge. Plus the protection of the Inkermann Memorial under the auspices of the War Memorials Bill 2014. (2) Note the ongoing dialogue with representatives from the Manx Education Foundation 255 about the emerging development proposals for the ICT University at the Nunnery. (3) The Manx Education Foundation will be encouraged to work with Isle of Man Government officers to agree a strategic framework to guide the use, development and future management of the buildings and grounds of the Nunnery Estate, within the context of the identified character of and special architectural or historic interest of the buildings and area. 260 (4) In light of the ongoing dialogue about the emerging development proposals for the ICT University at the Nunnery, agree to the following: (a) Put on hold any further work to register the following – o the Mansion House o the Nunnery Chapel 265 o East Gatehouse and Lodge, and o Gateposts at the West Gatehouse and Lodge. (b) Advise the Department of Infrastructure to put on hold any further work to designate a conservation area for the whole Nunnery Estate. (5) Notwithstanding the above, if there is a change in circumstances to any of the buildings 270 identified above, which means there is a danger of demolition or of alteration in such a way as to affect its character as a building of special architectural or historic interest, then the Department will reconsider with a view to – (a) Immediately proceed with the issuing of a Building Preservation Notice under section 17 of the Town and Country Planning Act 1999; and 275 (b) Undertake the process to designate them as Registered Buildings under section 14 of the Town and Country Planning Act 1999. (6) Notwithstanding the above, if there is a change in circumstances which means there is an unacceptable risk to the character or appearance of the area as an area of special architectural or historic interest, then the Department will advise the Department of Infrastructure to 280 consider whether it should proceed with the designation of a conservation area for the entire Nunnery Estate under section 18 of the Town and Country Planning Act 1999. In making these decisions it should be noted that as the owner of the property within the wider Nunnery Estate, Mr Thomas MHK, in his capacity as a departmental Member of Planning and Building Control with the Department of Infrastructure, has had no involvement in any 285 subsequent work or decision on this matter.
16. Bride radar bunkers – Details of assessment carried out
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture:
How the historical, evidential, communal and aesthetic value and significance of the Bride radar bunkers and other installations have been assessed; and when, how and by whom the decision will be taken whether to enter these buildings and installations in the Protected Buildings Register?
The Minister for Environment, Food and Agriculture (Mr Ronan): Madam President, a request has been submitted to the Department to consider the registration of the World War II radar installations at Bride. Work is currently ongoing to assess that request and officers within ______2356 T132 TYNWALD COURT, TUESDAY, 18th AUGUST 2015
290 Planning and Building Control are currently in liaison with colleagues at Manx National Heritage on the matter. The Department is unable to give any further indication on when this work will be concluded and when or what that decision will be.
17. Douglas Promenade Scheme – Public planning inquiry; date of sitting
The Hon. Member for Onchan (Mr Quirk) to ask the Minister for Environment, Food and Agriculture:
When the public planning inquiry for the Douglas Promenade Scheme will sit?
The Minister for Environment, Food and Agriculture (Mr Ronan): Madam President, the Department of Environment, Food and Agriculture do not know the date. 295 The Cabinet Office and not the Department of Environment, Food and Agriculture are responsible for the arrangements for the public inquiry as this is being determined as a departmental application.
18. Callow’s Yard, Castletown – Petition of Doleance; legal costs
The Hon. Member for Onchan (Mr Quirk) to ask the Minister for Environment, Food and Agriculture:
What his legal costs for the defence of a Petition of Doleance for Callow’s Yard, Castletown were?
The Minister for Environment, Food and Agriculture (Mr Ronan): Madam President, 300 Mr Quirk will be aware that the Petition of Doleance was brought against the Department of Infrastructure and not the Department of Environment, Food and Agriculture. In this context the Department of Environment, Food and Agriculture has at this point in time not incurred any legal costs in connection with this case.
HEALTH AND SOCIAL CARE
19. Noble’s Hospital – Number of permanent and locum consultants employed
The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Health and Social Care:
How many (a) permanent and (b) locum consultants are employed at Noble’s hospital; and of those, how many are employed via a payroll company or agency?
305 The Minister for Health and Social Care (Mr Quayle): The Department of Health and Social Care currently employ 45 permanent medical consultants at Noble’s Hospital. It also employs ______2357 T132 TYNWALD COURT, TUESDAY, 18th AUGUST 2015
two further medical consultants on 12-month fixed-term contracts. There are three locum consultants at the hospital covering vacant posts and a further five locum consultants covering short-term leave for the summer period. 310 The three locum consultants covering vacant posts are working through UK employment agencies which are tax-registered via Isle of Man payroll services. The five locum consultants covering short-term leave for the summer period are employed via UK employment agencies.
20. Newly-created positions in DHSC – Compliance with financial directions
The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Health and Social Care:
If he will list the newly-created positions within his Department in the last year; and whether they complied with financial directions?
The Minister for Health and Social Care (Mr Quayle): The Department of Health and Social 315 Care was formed in April 2014 from the former Departments of Health and Social Care. The newly formed Department currently employs over 2,800 staff in a wide variety of service areas and carries at any time a significant number of vacancies, some clinical and some administrative across the service areas. These posts are not new posts but exist within the Departmental structure and head count approved by Treasury each year within the budget process. 320 During the period August 2014 to July 2015 the Department recruited to existing vacant posts a total of 86 limited term appointments and 170 permanent appointments. During the same period, the Department removed a total of 124 full and part-time posts from establishment. This programme of resource management was carried out in partnership with the Government’s OHR shared services and therefore all activity has been in compliance with employment 325 guidelines and financial directions. The focus of the Department during the past 12 months has been to create its new Senior Management and Executive Team structure this has resulted in the creation of the new senior posts detailed below. The Civil Service Commission has approved these posts and they are in compliance with financial directions: 330 (1) Director of Commissioning (2) Director of Health and Well-Being (vacant) (3) Executive Director, Health (4) Executive Director Integrated Care (Interim) 335 (5) Director of Primary Care (6) Director of Service Improvement and Business Change (vacant) (7) Management Accountants (two posts)
21. Noble’s Hospital – Closure of Ward 20
The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Health and Social Care:
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When he decided temporarily to close Ward 20; when this decision was announced; and when the last admission was?
The Minister for Health and Social Care (Mr Quayle): I can confirm that that the last patients 340 to be transferred to Ward 20 were on 29th June 2015. On 3rd July 2015 a Medical Division operational notice was given to suspend any further transfers of patients until further notice. On 8th July a presentation by the Medical Division was given to Noble’s Executive Team to consider a temporary closure of Ward 20. On 10th July the decision was made to temporarily close Ward 20 and this decision was 345 announced on the same day, and then on 22nd July Ward 20 was closed.
22. Hospital waiting lists – Numbers on each list; reasons for changes
The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Health and Social Care:
How many people were on each waiting list at the end of (a) June 2014 and (b) June 2015; and if he will give a breakdown of the reasons for the changes between the two dates?
The Minister for Health and Social Care (Mr Quayle): Due to the recent major upgrade of the Medway electronic patient record system, the Department can only provide a comparison between May 2014 and May 2015 information in time to answer the Hon. Member’s Question.
Waiting List Activity (including Ramsey) as at end of May
Inpatients (without date notified) Division May-14 May-15 Increase (Decrease) No. % Surgical Division Breast Surgery 33 38 5 15.2 Colorectal Surgery 267 251 (16) (6.0) ENT 296 226 (70) (23.6) General Surgery 167 276 109 65.3 Ophthalmology 285 254 (31) (10.9) Oral Surgery 81 143 62 76.5 Orthopaedic Surgery 647 619 (28) (4.3) Paediatric ENT 76 53 (23) (30.3) Paediatric General 2 4 2 100.0 Surgery Paediatric 3 1 (2) (66.7) Ophthalmology Paediatric Oral Surgery 31 34 3 9.7 Paediatric Urology 8 5 (3) (37.5) Pain Management 78 87 9 11.5 Upper Gastrointestinal 98 92 (6) (6.1) Surgery Urology 292 215 (77) (26.4) Vascular Surgery 16 19 3 18.8 Total Surgical 2,380 2,317 (63) (2.6) Women/Children's Division Gynaecology 42 40 (2) (4.8) Paediatrics 1 5 4 400.0 Total Women/Children's 43 45 2 4.7 Medical Division Cardiology 10 8 (2) (20.0) General Medicine 228 219 (9) (3.9)
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Respiratory Physiology 25 23 (2) (8.0) Total Medical 263 250 (13) (4.9) Total Inpatients 2,686 2,612 (74) (2.8)
Outpatients (including patients with appointments) Division May-14 May-15 Increase (Decrease) No. % Surgical Division Breast Surgery 68 64 (4) (5.9) ENT 352 333 (19) (5.4) General Surgery 515 555 40 7.8 Ophthalmology 1,159 957 (202) (17.4) Oral Surgery 539 620 81 15.0 Orthodontics 130 35 (95) (73.1) Orthopaedic Surgery 1,163 881 (282) (24.2) Orthoptist 67 81 14 20.9 Paediatric ENT 0 1 1 100.0 Paediatric 15 28 13 86.7 Ophthalmology Paediatric Orthopaedics 16 27 11 68.8 Pain Management 455 416 (39) (8.6) Plastic Surgery 170 196 26 15.3 Restorative Dentistry 5 4 (1) (20.0) Thoracic Surgery 1 4 3 300.0 Urology 200 154 (46) (23.0) Total Surgical 4,855 4,356 (499) (10.3) Women/Children's Division Colposcopy 69 26 (43) (62.3) Fertility 21 36 15 71.4 Gynaecology 95 88 (7) (7.4) Obstetrics 137 113 (24) (17.5) Paediatrics 140 110 (30) (21.4) Paediatric Neurology 4 14 10 250.0 Urogynae 20 13 (7) (35.0) Total Women/Children's 486 400 (86) (17.7) Medical / Elderly Division Cardiology 390 247 (143) (36.7) Dermatology 701 472 (229) (32.7) Diabetic Medicine 91 97 6 6.6 Endocrinology 302 261 (41) (13.6) Gastroenterology 225 248 23 10.2 General Medicine 184 180 (4) (2.2) Nephrology 23 11 (12) (52.2) Neurology 215 291 76 35.3 Respiratory Medicine 70 67 (3) (4.3) Respiratory Physiology 77 55 (22) (28.6) Rheumatology 166 88 (78) (47.0) Total Medical 2,444 2,017 (427) (17.5) Total Outpatients 7,785 6,773 (1,012) (13.0)
350 Breakdown of reasons for changes
Surgery There has been an increase in waiting list activity and in some areas increased utilisation of theatre lists/clinics: 355 Ophthalmology – extra clinics, e.g. one-stop cataract service and more consistent use of theatre lists Orthopaedics – extra Tuesday list; more consistent use of theatre lists and shared lists amongst consultants
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360 Urology – vasectomy initiative at Ramsey Orthodontics – cleared new patient waiting list; new referrals booked straight in (18 new patients per month)
Medicine 365 There has been an increase in activity to address waiting lists in the following specialties in medicine:
Cardiology – short-term locum covering substantive consultant focused on outpatient activity 370 Dermatology – at least two waiting list initiatives were undertaken Endocrine – a change in clinic set up and consultant practice has reduced waiting lists Rheumatology – a change in clinic set up and consultant practice has reduced waiting lists.
23. Liverpool Care Pathway – Replacement care plans
The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Health and Social Care:
What plans he has to replace the Liverpool Care Pathway; and whether the Department will be making a submission to the recently announced consultation by the United Kingdom Government on the Liverpool Care Pathway?
375 The Minister for Health and Social Care (Mr Quayle): The Liverpool Care Pathway was withdrawn from use in the Isle of Man in August 2013 in line with the recommendations of the UK Independent Review of the Liverpool Care Pathway chaired by Baroness Neuberger, ‘More care, less pathway: A review of the Liverpool care Pathway’. To ensure that end of life care did not deteriorate in the absence of the Liverpool Care 380 Pathway, local guidelines were produced by the Hospice End of Life Care Facilitator, which encapsulate good practices required. These have been widely distributed amongst health and social care professionals at Noble’s Hospital and in the community, including nursing homes. There have also been several audits of end of life care at Noble’s. The End of Life Care Facilitator is about to conduct the latest audit of Noble’s using a UK audit tool which allows benchmarking 385 with UK Hospitals. NICE have recently produced draft ‘Care of the Dying Adult guidelines’ and made them available for public consultation. The public consultation will run until 9th September 2015. The End of Life Care Facilitator for the Hospice was a member of the NICE Committee which wrote the draft guidelines and which will be considering submissions from the public when it 390 reconvenes later in the year. Submissions can be made by individual members of the public. Further consultation responses from staff have been requested by the Chief Nurse and will be fed back via the Nursing and Midwifery Council.
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24. Children’s orthodontic service – Service provided
The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Health and Social Care:
What children's orthodontic service is needed; what is provided; and what service will be commissioned to fill any gaps?
The Minister for Health and Social Care (Mr Quayle): An assessment of the orthodontic need for the Island was carried out at the end of 2014 by the visiting consultant in dental public 395 health, in order to inform the planning and provision of appropriate orthodontic services. The needs assessment was based on epidemiological data collected during surveys of 12 and 14-year-old children on the Island together with an accepted formula for calculating orthodontic need from population data. The assessment concluded that, in terms of professionally defined (or normative) need, there would be 265 cases per year. 400 To be considered alongside the needs assessment is the 2008 Clinical Recommendations Committee paper ‘Orthodontic Thresholds’. On reviewing clinical effectiveness, costs and benefits for orthodontic treatment, it concludes that orthodontics should be made available to those with greatest needs and sets out the criteria to be met for children to be eligible for treatment, based on an index of orthodontic treatment need or IOTN. 405 The Department set up a referral system in 2012 in order to ensure as far as possible that children receiving orthodontic treatment met the eligibility criteria. A reduction in waiting times followed the introduction of this demand management measure. Other important components of orthodontic services are value for money, outcomes and an assessment of quality to determine if there is effective use of available resources with respect to 410 waiting times, rejected referrals and other efficiency measures. In terms of current service provision there is a specialist practice in Douglas with a contract funded to cover 280 cases per year. This matches well with assessed need. In addition there is a consultant-led team at Noble’s which treats more complex cases and those requiring a multi-disciplinary approach to planning and provision of treatment, including 415 surgical cases. The specialist practice has a contract which is due to expire at the end of March 2016. The Department is currently engaged in a procurement process, having completed an ‘expressions of interest’ stage, which will result in the awarding of a new contract to a successful bidder. The new contract will be based on a similar number of cases per year and will include 420 appropriate key performance indicators and metrics to ensure quality, value for money, effectiveness and outcomes. In line with the Island’s Oral Health Strategy, the new contract is designed to provide solutions in both primary and secondary care, ensuring appropriate levels of provision and with a view to cost containment. The Department’s officers are carefully managing the period until the new orthodontic 425 contract is in place. This involves monitoring the activity taking place under the existing contract as well as making appropriate arrangements for those patients who will be mid-treatment when the new contract commences in April 2016. There is scope for the consultant-led team to assist during this period, ensuring continuity for children and parents and keeping waiting times as short as possible.
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INFRASTRUCTURE
25. Memoranda of Understanding – Agreements signed by Department and local authorities
The Hon. Member for Onchan (Mr Quirk) to ask the Minister for Infrastructure:
How many Memoranda of Understanding have been signed by local authorities and the Department; and where the copies may be inspected? 430 The Minister for Infrastructure (Mr Gawne): It is presumed that the Hon. Member is referring to the recently signed transfer of functions agreements between the Department of Infrastructure and the Island’s local authorities. To date, 23 local authorities have signed agreements that, under the powers conferred on 435 the Department by section 2(1) of the Highways Act 1986, authorise the local authority to exercise the Highways maintenance functions of the Department. These functions are limited to street sweeping, gully emptying, removal of weeds and maintenance of highway verges. A second signed agreement provides consent for the local authority to undertake the functions of the Department provided for in section 51 of the Highways Act 1986. Section 51 440 refers to the cutting of vegetation which overhangs highway, roads and paths, and the agreement has been signed by 23 local authorities. A template copy of both agreements can be viewed on the local government unit section of the Department of Infrastructure website, at the following URL: http://www.gov.im/about-the- government/departments/infrastructure/local-government-unit-and-legislation/ 445 The signed agreements can be inspected at the Sea Terminal.
26. Douglas Promenade Scheme – Cost of steel rail; details of supplier
The Hon. Member for Onchan (Mr Quirk) to ask the Minister for Infrastructure:
How much the recent purchase of steel rail that was shipped to the Island cost; and who the supplier was?
The Minister for Infrastructure (Mr Gawne): As advised during the 30th June sitting in the House of Keys to a similar question from the Hon Member for Santon, Mr Cregeen, the costs, if the rail had been new, would have been £1.185 million. The Department purchased it for 450 £200,140. If the Promenade Scheme does not go ahead, that rail will be used on the MER. The rail was purchased from Merseytravel, the public transport body of the Liverpool City Region Combined Authority, a partnership of the five Liverpool City regional local authorities.
27. Douglas Promenade Scheme – Business case to be placed in Library
The Hon. Member for Onchan (Mr Quirk) to ask the Minister for Infrastructure:
If he will place in the Library the business case for the Douglas Promenade and associated works? ______2363 T132 TYNWALD COURT, TUESDAY, 18th AUGUST 2015
The Minister for Infrastructure (Mr Gawne): The Douglas Promenade Project business case is being amended to reflect the final amendments to the design. Once the business case has been 455 finalised it will be forwarded to Treasury for their concurrence. The final document may contain confidential or commercially sensitive information that would preclude the Department from making this a public document. Whilst the Department will review publication at an appropriate time, it is not normal procedure for business cases to be placed in the Library.
28. Callow’s Yard, Castletown – Legal costs for defence of Petition of Doleance
The Hon. Member for Onchan (Mr Quirk) to ask the Minister for Infrastructure:
What his legal costs for the defence of a Petition of Doleance for Callow’s Yard, Castletown were?
The Minister for Infrastructure (Mr Gawne): The Department of Infrastructure’s total legal 460 costs for the defence of a Petition of Doleance for Callow’s Yard, Castletown were £13,385.50.
MANX UTILITIES
29. Island’s uplands – Ownership and use of land
The Hon. Member for Douglas West (Mr Thomas) to ask the Chair of Manx Utilities:
(a) which parts of the Island’s uplands the Authority owns; (b) for what purpose this land is owned; (c) which parts of this land are tenanted or leased; and (d) what development or use of any of this land has compromised achievement of the purpose for which it is owned in recent years, or is believed to have the potential to compromise this purpose?
The Chair of Manx Utilities (Mr Cannan): (a) Manx Utilities currently owns the following areas of land surrounding operational and non-operational reservoirs:
Land surrounding Block Eairy Dam – entire landholding including reservoir and installations amounts to approximately seven acres 465 Land surrounding Sulby reservoir – entire landholding including reservoir and installations amounts to approximately 742 acres Land surrounding Clypse and Kerrowdhoo reservoirs – entire landholding including reservoirs and installations amounts to approximately 337 acres Land surrounding West Baldwin reservoir – entire landholding including reservoir and 470 installations amounts to approximately 232 acres Land surrounding Ballure reservoir – entire landholding including reservoir and installations amounts to approximately 865 acres Land surrounding Cringle reservoir – entire landholding including reservoir and installations amounts to approximately 29 acres
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475 Land surrounding Scard reservoir – entire landholding including reservoir and installations amounts to approximately 170 acres.
An overview map is shown below:
(b) The purpose for ownership of this land is to have control over the land/catchment to the 480 reservoirs, to avoid causing pollution of the environment. The risk of pollution of the water is therefore reduced. The intakes are frequently walked and inspected by the reservoir staff to ensure that there has been no noxious or offensive matter deposited on the land, that the banks of the streams are in a clean and tidy state, that no animals have strayed into the streams, reservoir works or installations. 485 (c) The following parts of land are tenanted or leased:
Land at Sulby reservoir, comprising uplands at Druidale Land surrounding Clypse and Kerrowdhoo reservoirs Land surrounding Scard reservoir 490 Land surrounding Ballure reservoir, comprising North Barrule Land surrounding West Baldwin reservoir.
(d) The Sulby water treatment plant has on two occasions in the past 12 months been adversely affected by the sudden deterioration of the raw water quality. This has on two 495 occasions affected the process to such a degree that the water from the plant has had to be
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temporarily discharged to the river as the quality was unfit for supply. On each occasion the deteriorations have followed heavy rain after a dry spell. Investigations are not completely conclusive; however, an obvious observation is that significant excavation and drainage work is being carried out in the Druidale area of the 500 catchment. Our investigations have shown that the excavations are fresh and have exposed bare peat, soil and clay and that the water running in the drains is discoloured. It is likely that during heavy rain these drains will have become very discoloured (although this has not been verified). The tenant has been approached in the past and discussions have resulted in commitments to work with Manx Utilities to reduce the impact of his work, maintaining ditches and drains. It 505 was agreed that in future the work would be done in a controlled and programmed manner thereby allowing grass and vegetation to recover between packets of drainage work.
30. Construction of Druidale pond – Retrospective planning application
The Hon. Member for Douglas West (Mr Thomas) to ask the Chair of Manx Utilities:
Who constructed the Druidale pond in winter 2012-13 for which retrospective planning application 15/00252/B has been submitted; and, if not the Authority, why it has submitted this retrospective planning application?
510 The Chair of Manx Utilities (Mr Cannan): Manx Utilities’ tenant of land at Druidale constructed the pond in November 2012 in order to manage water coming from the public road and land above the road. Manx Utilities advised the Planning Enforcement Office in October 2013 that it had taken the decision to take over submission of a planning application in retrospect for the creation of the 515 pond at Druidale. The decision was made by officers of the former Water and Sewerage Authority, who no longer work for Manx Utilities, and we believe this was based on the intention that the pond would supply livestock with a supply of fresh drinking water in the summer months, especially during years when summer rainfall is inadequate.
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