H O U S E O F K E Y S 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 Y C H I A R E A S F E E D

P R O C E E D I N G S

D A A L T Y N

HANSARD

Douglas, Tuesday, 4th May 2021

All published Official Reports can be found on the 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 138, No. 20

ISSN 1742-2264

Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, , IM1 3PW. © Court of Tynwald, 2021 , TUESDAY, 4th MAY 2021

Present:

The Speaker (Hon. J P Watterson) (); The Chief Minister (Hon. R H Quayle) (); Mr J R Moorhouse and Hon. G D Cregeen (Arbory, Castletown and Malew); Hon. A L Cannan and Hon. T S Baker ( and Michael); Mr C C Thomas and Mrs C A Corlett (); Mrs C L Barber and Mr C R Robertshaw (); Hon. D J Ashford MBE and Mr G R Peake (); Mrs C S B Christian and Mr S P Quine (); Mr M J Perkins and Mrs D H P Caine (); Hon. R K Harmer and Hon. G G Boot ( and Peel); Mr W C Shimmins (Middle); Mr R E Callister and Ms J M Edge (); Mr L L Hooper (Ramsey); Hon. L D Skelly (Rushen); with Mr R I S Phillips, Secretary of the House.

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Business transacted

Leave of absence granted ...... 1873 2. Questions for Oral Answer ...... 1873 2.1. employees – Number still working from home ...... 1873 2.2. Nursing and residential homes charges – Treasury calculations ...... 1876 2.3. DEFA fencing materials – Lifespan ...... 1877 Question 2.4 to be answered in writing ...... 1879 2.5. COVID-19 vaccines for students – Provision for Manx residents in UK ...... 1879 2.6. Aviation Medical Examiner – On-Island appointment ...... 1881 2.7. Bus Vannin’s demand-responsive public transport – Bases for RTLC determination . 1883 2.8. Planning highways, footpaths, etc. – Equality impact assessments ...... 1887 2.9. Government Whistleblowing Policy – Publication of update ...... 1891 2.10. Use of local businesses – DfE encouragement of customers ...... 1893 Standing Orders suspended to take remaining Oral Questions ...... 1895 2.11. TT brand strength – Maintenance despite cancellation ...... 1896 2.12. Bus Vannin’s demand-responsive public transport – Bases for OFT determination . 1898 2.13. Meat Plant funding 2019-21– Statement ...... 1901 3. Questions for Written Answer ...... 1907 2.4. Care services – Daily charges to DHSC and Manx Care ...... 1907 3.1. Zero Hours Committee recommendations – Progress ...... 1908 3.2. Care-home residents’ sale of properties – Value of equity held by Treasury ...... 1910 3.3. National Insurance Fund Accounts 2018-20 – Publication on Government website .. 1910 3.4. Non-payment of staff due to errors – Details for past three years ...... 1911 3.5. High Level Policy on Means Testing – Progress in aligning current methods ...... 1911 3.6. Combined Action Plan for Children and Young People – Update on national policies 1911 3.7. Rates Modernisation Report – Progress ...... 1913 3.8. Road Transport Licensing Committee – DEFA resourcing ...... 1914 3.9. Adult care homes – Regulation of Care Act 2013 inspections since 2019 ...... 1914 3.10. Adult care homes – Grants and staffing 2019-21 ...... 1915 3.11. Adult care homes – Health and care contracts 2019-21 ...... 1916 3.12. Adopted roads and pavements – Public availability of details ...... 1916 3.13. Children’s services – Commissioning of independent inspection ...... 1917 3.14. Sustainable electricity generation – Purchase and resale value in last five years .... 1917 3.15. Bus Vannin’s demand-responsive public transport – Independent investigation .... 1918 3.16. Combined Action Plan for Children and Young People – Implementation ...... 1919

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Order of the Day ...... 1920 4. Bill for First Reading ...... 1920 4.1. Administration of Justice and Other Amendments Bill 2021 ...... 1920 5. Bill for Third Reading ...... 1920 5.1. Enterprise (Aviation and Merchant Shipping) (Miscellaneous Amendments) Bill 2021 – Third Reading approved...... 1920 The House adjourned at 1.04 p.m...... 1920

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House of Keys

The House met at 11.27 a.m.

[MR SPEAKER in the Chair]

1. PRAYERS The Chaplain of the House

Leave of absence granted

The Speaker: Hon. Members, leave has been given this morning to Dr Allinson.

2. Questions for Oral Answer

CHIEF MINISTER

2.1. Isle of Man Government employees – Number still working from home

The Hon. Member for Onchan (Ms Edge) to ask the Chief Minister:

How many Department, Office and Statutory Board employees are continuing to work from home?

The Speaker: We turn then to Questions for Oral Answer. Question 1 is in the hands of the Hon. Member for Onchan, Ms Edge. 5 Ms Edge: Thank you, Mr Speaker. I would like to ask the Chief Minister how many Department, Office and Statutory Board employees are continuing to work from home?

10 The Speaker: I call on the Chief Minister to reply.

The Chief Minister (Mr Quayle): Thank you, Mr Speaker. As stated in a response to a Question in another place in November 2020, I regret that it is not possible to provide the numbers of employees working from home at any one time. This data is 15 not held centrally by the Cabinet Office and flexible working arrangements, including homeworking, are a managerial decision made at an operational level. The Isle of Man Government is committed to promoting and practising equal opportunities in employment and, where practical, supports employees to work flexibly which includes

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homeworking. This may be on a regular or ad hoc basis as part of a flexible and agile approach to 20 undertaking a role. Thank you, Mr Speaker.

The Speaker: Supplementary question, Ms Edge.

25 Ms Edge: Thank you, Mr Speaker. I just wonder if the Chief Minister would circulate the Government policy with regard to this, and obviously he talked about equal opportunity, as it seems that some employees may not be getting the same level of opportunity to work from home or flexibly as others. Thank you, Mr Speaker. 30 The Speaker: Chief Minister.

The Chief Minister: Thank you, Mr Speaker. I am happy to have officers circulate to all Hon. Members the views on this. There are various 35 areas of Government where it is practical for people to work from home, Mr Speaker, and there are areas where due to the nature of the information, such as the Income Tax department, as an example, where it is not that practical for people to work from home. So it is left at a managerial level, but I am more than happy to circulate any documentation that is available to Hon. Members.

40 The Speaker: Supplementary question, Ms Edge.

Ms Edge: Thank you, Mr Speaker. I suppose the other concern, Mr Speaker, is could the Chief Minister advise has anybody been responsible for making sure that the public service is still at the level of standard that the public 45 require during the recent changes for people working from home? I am also aware that perhaps the Manx Utilities Authority have significant numbers still working from home, and I just wonder what the difference is across the board. Thank you, Mr Speaker.

50 The Speaker: Chief Minister to reply.

The Chief Minister: Thank you, Mr Speaker. I think there was a number of points the Hon. Member had. I will take latter one first regarding the MUA. It is a managerial level, Mr Speaker, for areas to decide how their organisations can 55 work. Obviously if you are up a telegraph pole trying to fix it, you are not going to be able to work from home, but if you are in the office you might well be able to work from home with IT. So it really is on a case-by-case basis, and I would sincerely hope that no one is being discriminated against by Government on the abilities. It should be, hopefully, on a common-sense approach, but if the Hon. Member has any instances where she feels a member of the public has 60 been discriminated against, then I am more than happy to take that up with our OHR team.

The Speaker: Supplementary question, Mr Thomas.

Mr Thomas: Thank you very much, Mr Speaker. 65 It has been a very helpful set of answers from the Chief Minister. Does the Chief Minister agree with me that there are people with the same job specification, doing the same thing, who work for different employees? So does the Chief Minister agree with me that it is important that somebody like the Public Services Commission or the Human Resource department through its PiP system somehow collects information to make sure that there is a 70 degree of similar treatment of people doing similar jobs with different employers?

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The Speaker: Chief Minister.

The Chief Minister: Thank you, Mr Speaker. I suppose, in a broad sense, yes, but occasionally there will be … but it is left to a managerial 75 decision because you may have someone off sick who would normally be in and therefore you would have to ask someone who is working from home to come in. So I would hope that a common-sense approach is being carried out across the board, but I will take on board, if there are any areas. Obviously, it is a new post-COVID world we are moving in where more people will work from home. But equally, I am now starting to see articles in the press where people are 80 fighting against working from home. They are saying they are getting more work done from people in the office. So there are still different views out there, and I think it is important that we try and give free rein to our managers to get the very best for the public. There was one element I did not answer for the Hon. Member for Onchan, and that was about ensuring that public services were open, front-facing counters to the public. That is incredibly 85 important: that we ensure that whilst people can work from home that where we need to deal face to face with the public, that situation is allowed. Now, I know I have had conversations with the Chief Secretary about setting up hubs and sitting next to the Hon. Member is the Member for Ramsey, and I have looked at maybe having a hub in Ramsey, where officers, maybe if they live in the north, instead of coming into the office in 90 Douglas, they could work from a hub where they can take it in turns to go and do some forward- facing help with the public. And I am giving Ramsey as an example; I see no reason why it could not happen in the south and in the west of the Island too. So those are areas that I hope will be developed as we come out of this COVID world and move into our new normal, where we can do more in the community. 95 Thank you.

The Speaker: Final supplementary, Ms Edge.

Ms Edge: Thank you, Mr Speaker. 100 I wonder therefore, then, would the Chief Minister commit to reminding all Government Departments, Offices and Boards with regard to response times to correspondence and communication from the public? There has certainly been significant delays to many constituents of mine and I think that policy needs to be reinforced that no matter where you are working and hot-desking etc., you should be able to respond within the Government policy time. 105 Thank you, Mr Speaker.

The Speaker: Chief Minister to reply.

The Chief Minister: Thank you. 110 I am more than happy. Thank you to the Hon. Member for raising that point. I am more than happy to have a conversation with the Chief Secretary to ask him to ensure that the response time is adhered to. I had one of the most rude emails I have seen in a long time from someone who was demanding an answer within 24 hours of sending me an email wanting an answer to something. So I think some people are unreasonable, but there is a clearly set guideline for when 115 people should get a response, and I will ask the Chief Secretary to ensure that he reminds all officers. Thank you.

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TREASURY

2.2. Nursing and residential homes charges – Treasury calculations

The Hon. Member for Onchan (Ms Edge) to ask the Minister for the Treasury:

How Treasury calculates nursing and residential homes charges?

The Speaker: We turn to Question 2, and I again call on the Hon. Member for Onchan, Ms Edge.

120 Ms Edge: Thank you, Mr Speaker. I would like to ask the Treasury Minister how Treasury calculates nursing and residential home charges?

The Speaker: I call on the Treasury Minister to reply. 125 The Minister for the Treasury (Mr Cannan): Mr Speaker, the Treasury is not responsible for calculating nor setting the levels of fees charged by care homes. As regards care homes operated by the Department of Health and Social Care, as well as accommodation in care homes provided by its partners under contractual arrangements, it rests with the DHSC to set the fees. 130 As regards homes which are operated on a commercial or charitable basis, operators are at liberty to set their fees as they see fit. Treasury has no powers to determine or prescribe the level of fees which may be charged. I do however acknowledge that most home operators in the Island set their fees having regard to the maximum amount of social security benefits which may be available to their residents, and 135 that they tend to increase their fees each year as soon as they become aware of the amount that the relevant benefits will increase from April through the annual benefits uprating regime. Mr Speaker, as I am sure Hon. Members are aware, the Health and Care Transformation Board is currently tasked with investigating how care may be funded in the future. I should imagine that as part of that investigation it will certainly look at how and on what basis care home operators 140 set their fees. Thank you.

The Speaker: Supplementary question, Ms Edge.

145 Ms Edge: Thank you, Mr Speaker. I just wonder if the Treasury Minister can advise how the original fee that is now within the Treasury delegation each year for income support, or support for residential care, was calculated? Whilst I appreciate that he has said it is the DHSC that set the fees, somebody somewhere within Treasury must have agreed the original calculation to be able to then set it as a benefit. 150 Thank you, Mr Speaker.

The Speaker: Treasury Minister to reply.

The Minister: We are going to the depths of history there, Mr Speaker. I would not actually 155 know how that fee was initially constructed, but I guess that would have been aligned at the time with the fees that were being charged by the private care providers, and hence, I would imagine, has been in line since. But as I said, this matter is due for review from the Transformation Board and clearly is an important matter. I know it has been an issue for this Hon. Court, certainly this Court, and previous Courts, but certainly this Court since 2016, when the matter was initially put 160 into the Programme for Government.

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The Speaker: Supplementary question, Ms Edge.

Ms Edge: Thank you, Mr Speaker. Obviously, as Treasury Minister, you have recently announced that there is an economic review 165 being carried out. I am just wondering what Treasury’s input to the Transformation Board is with regard to the future of the Isle of Man, what costs could be coming down the line and how that will then link back into the economic review. Thank you, Mr Speaker.

170 The Speaker: Treasury Minister to reply.

The Minister: Well, I sit on the Transformation Board, Mr Speaker, so I will have a full view and indeed I assume Treasury Ministers in the future will have a full view into what potential healthcare costs are coming. But I imagine this will be a very holistic approach, Mr Speaker, with 175 a proper consultation across the community, including with this Hon. House.

ENVIRONMENT, FOOD AND AGRICULTURE

2.3. DEFA fencing materials – Lifespan

The Hon. Member for Garff (Mrs Caine) to ask the Minister for Environment, Food and Agriculture:

What action his Department is taking to extend the lifespan of their fencing materials to make them more serviceable?

The Speaker: We turn to Question 3. I call on the Hon. Member for Garff, Mrs Caine.

Mrs Caine: Thank you, Mr Speaker. I would like to ask the Minister for Environment, Food and Agriculture what action his 180 Department is taking to extend the lifespan of their fencing materials to make them more serviceable?

The Speaker: I call on the Minister for Environment, Food and Agriculture to reply.

185 The Minister for Environment, Food and Agriculture (Mr Boot): Thank you, Mr Speaker. I would like to thank the Hon. Member for her Question. My Department operates a sawmill at St John’s which prides itself in great customer service and product quality. In the past five years the Sawmill has received only a very small number of complaints regarding early decay of a product, and in response has had to replace just 14 packs of agricultural 190 fencing products in that time to customers. The amount of complaints and exchanges amounts to a very small percentage of annual sales on agricultural fencing products, less than 1%, and this provides valuable feedback on the sustainability and durability of the product supplied. From this data, and the continuing increase in sales year on year, which have climbed by 18% since 2018, it seems reasonable to conclude that the present chemical treatment process normally seems more 195 than adequate to protect fencing materials that my Department supplies. That said, the Department’s sawmill constantly evaluates the latest industry developments, assessing commercial timber treatment options which will maximise the life expectancy of all our timber products produced at the sawmill, striving to continually be providing a high-quality product that remains affordable and value for money. To ensure the product is high quality and

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200 durable, the Sawmill operates a pressure and vacuum treatment process which ensures the chemical preservative is forced deep into the timber, not just coating the outside. This significantly extends the life of the product, whilst continuing to allow competitively priced products. This treatment uses the latest available combinations of copper and organic co-biocides and is used throughout the timber treatment and sawmilling industry to provide optimal protection against 205 insect and fungal decay attack. There are a number of other available products that can be used as a secondary application once the materials have been pressure treated and that claim to improve the resilience to rot and fungal attack. To maintain affordability of the product, these are not available at the Department’s sawmill, but can of course be applied by the end user if desired. 210 Thank you.

The Speaker: Supplementary question, Mrs Caine.

Mrs Caine: Thank you, Mr Speaker, and I thank the Minister for his reply. 215 Could he advise, despite the increase in sales, what he feels is a reasonable lifespan for the timber fence posts that the sawmill produces? Has the chemical treatment changed in recent years, and has that reduced the lifespan that people were expecting? Thank you.

220 The Speaker: Minister to reply.

The Minister: Thank you, Mr Speaker. Yes, the chemical treatment has changed over the years. From what I understand, we now look at a 10-year guarantee, as it were, but once upon a time, when I was farming in Kent, 25 years 225 used to be the life expectancy. But at that time the treatments used were copper, chrome and arsenic, and I think you can probably construe from that that they are not now allowed. So the newer treatments are not as effective, but better for health and the environment.

The Speaker: Supplementary question, Mrs Caine. 230 Mrs Caine: Thank you, Mr Speaker. Well, one of my constituents is afraid that his fence posts, some of them only lasting three to four years from decaying, and the larger ones actually are the ones that deteriorate more quickly than the smaller ones. So the question would be, if it is a 10-year guarantee, for anyone whose 235 posts do not last that 10 years, should they be reporting that to the Sawmill and would they be replaced? Also, would there be any possibility of more effective treatment being given, particularly to the strainer posts in terms of the customers that you are serving? Thank you. 240 The Speaker: Minister to reply.

The Minister: Thank you, Mr Speaker. Perhaps I should make it clear that I did not say they were guaranteed, or I did not mean that 245 they are guaranteed. That is their life expectancy, and that is 10 years. But if they are decaying in two or three years, then there is no reason why they should not complain to the Department, although of course it depends where they are deployed because different circumstances lead to higher decay rates. For instance, if it is very wet and hot – that is not likely on the Isle of Man, I guess, outside – (Laughter and interjection) but different circumstances do apply and do increase 250 decay rates. Thank you.

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The Speaker: Final supplementary, Mrs Caine.

Mrs Caine: Thank you, Mr Speaker. 255 Well, certainly in my notes, I heard 10 years guaranteed now, and I think that might be of interest to some of the customers. (The Minister: I misspoke.) The point would be in terms of the product that the Sawmill is very keen that it is affordable and value for money and takes pride in the product they put out. Is it the right product? Is there any move to offer the additional wood treatments or even, perhaps, would a better product for a 260 longer lasting fence post be something like larch, and are alternative woods something that the Department has looked into? Thank you.

The Speaker: Minister to reply. 265 The Minister: Thank you, Mr Speaker. Well, we have an abundance of larch on the Island and that is why larch is used in the main for the fence posts that we supply. I would reiterate again I did not mean that posts are guaranteed for 10 years. That is their 270 reasonable lifespan. That is fairly standard across the industry. There are other treatment methods that are more expensive, and there are other chemicals that are available, but they require different deployment methods. We are reviewing those and I did say in my original Answer that we will look at other products, but for instance, creosote or that type of product had been suggested to me in the past, but 275 creosote is supposed to be banned from March 2021, although an application has been made for a further five-year extension to March 2026. But it would be uneconomical for us to invest in creosote if the authorisation is likely to be removed within a very short time frame.

The Speaker: We move on, before someone takes offence. (Interjections and laughter) You 280 might have expected it! (Laughter)

Question 2.4 to be answered in writing

The Speaker: Question 4 will be taken in writing.

HEALTH AND SOCIAL CARE

2.5. COVID-19 vaccines for students – Provision for Manx residents in UK

The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Health and Social Care:

What provisions have been made for Manx residents studying in the UK to receive both doses of a COVID-19 vaccine?

The Speaker: Question 5, I call on the Hon. Member for Ramsey, Mr Hooper.

Mr Hooper: Thank you very much, Mr Speaker.

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285 I would like to ask the Minister for Health and Social Care what provisions have been made for Manx residents studying in the UK to receive both doses of a COVID vaccine?

The Speaker: I call on the Minister for Health and Social Care to reply.

290 The Minister for Health and Social Care (Mr Ashford): Thank you, Mr Speaker, and I will try not to cause offence with the Answer. Mr Speaker, the Answer to the Hon. Member’s Question is in two parts. Firstly, we have a reciprocal health agreement with the United Kingdom. This means that no matter which side of the water you have your first jab on, you will be eligible to have your second jab on whichever 295 side of the water you find yourself on when that jab is due. This agreement means GP records can be shared, enabling students to receive their jabs in either jurisdiction. However, in order to do so, students who are registered with a GP in the UK must register as a temporary resident with their local surgery on the Island, and those heading to university for the first time should register with a GP on their arrival in the UK. This will enable the process to work. Not registering will mean 300 they may have issues in obtaining a jab. We are also intending to offer students who are currently studying in the UK, who come home over the summer and will be returning to the UK to continue their studies in September, the option to have both their vaccinations on Island. Mr Speaker, Hon. Members will be aware, and probably understand, that this does present us with some challenges, particularly from a vaccine supply perspective, as the primary vaccine 305 offering will either be Pfizer or Moderna. The current supply schedule of both these vaccines is limited in the short term, due to the impending second dose delivery schedule. As most UK university terms end towards the end of the third week in June, we would look to offer vaccination shortly after this with second vaccinations delivered eight weeks later to ensure that we can have the second dose complete well before the students return to their studies. 310 Unfortunately, with the current forward delivery schedules, the second dose schedules and the need to minimise wastage mean we will not be able to offer this option on specific dates – sorry, we are only able to offer this option on specific dates, if I read it right! (Laughter) We will not be able to accommodate changes to those dates to suit individual requirements. These dates will be released shortly, and hopefully that made sense, Mr Speaker! (Laughter) 315 The Speaker: Apart from the quick U-turn, there. (Laughter and interjection by the Minister)

Mr Cregeen: Is that guaranteed? (Laughter)

320 Mr Hooper: Thank you very much. I would like to thank the Minister for that information. I notice the press release that went out in the middle of last week as well about this. Can the Minister advise whether this information is being disseminated directly to Isle of Man students? The reason I ask is I have been contacted by a number of students with exactly the same question, what happens in this circumstance, and it 325 seems the information that is being put out is not reaching them, for whatever reason. So what is the Minister doing to make sure that students are aware of the options available to them in respect of the vaccine?

The Speaker: Minister to reply. 330 The Minister: Thank you, Mr Speaker. The Hon. Member for Ramsey is not alone in being contacted by a high number of students – I have myself. I have also spoken to the Manx student union as well, who are also going to help disseminate the information and they have got the information too. We will also be doing a wider 335 publicity piece once we have the dates firmed up as to when students will be able to do the vaccination. It is a very positive move, Mr Speaker. It will hopefully minimise any disruption where

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we can get most of the students done on Island with both doses. So there will be further publicity pieces over the next coming weeks. I have got to say, Mr Speaker, I have been greatly encouraged by the amount of students that 340 have come forward wanting the vaccine. I think the number and uptake seems to be absolutely excellent.

Mr Peake and Mr Quine: Hear, hear.

345 The Speaker: Supplementary question, Mr Hooper.

Mr Hooper: Thank you very much, Mr Speaker. Just one more question for the Minister. Is he aware the Department of Education obviously has a database of all student contact details for all the students they are supporting with funding, 350 and it may be sensible for the Minister to actually reach out to the Department and try and utilise that database to spread this information further?

The Speaker: Minister to reply.

355 The Minister: Thank you, Mr Speaker Already done. The other Hon. Member for Ramsey is not here today, but I have already been liaising with the Minister for Education in that regard.

INFRASTRUCTURE

2.6. Aviation Medical Examiner – On-Island appointment

The Hon. Member for Douglas South (Mr Quine) to ask the Minister for Infrastructure:

What process is under way to appoint an Aviation Medical Examiner who will be based on the Island?

The Speaker: We turn to Question 6. I call on the Hon. Member for Douglas South, Mr Quine.

360 Mr Quine: Thank you, Mr Speaker. I would like to ask the Minister for the Department of Infrastructure what process is under way to appoint an Aviation Medical Examiner who will be based on the Island? Thank you, Mr Speaker.

365 The Speaker: I call on the Minister for Infrastructure to reply.

The Minister for Infrastructure (Mr Baker): Thank you, Mr Speaker. Aeromedical examiners are registered doctors who have undergone additional specialist aviation medicine training in order to provide medical examinations for pilots and air traffic 370 controllers. These examinations are conducted on a private basis. The Department does not train or appoint aeromedical examiners but does require an examination service for its air traffic control staff. The Department does recognise the advantages of having a locally based aeromedical examiner and is therefore engaged with the relevant Government Departments to ascertain if any on-Island doctors would consider undertaking the training and certification 375 required to establish a new private aeromedical examiner service on the Island.

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Thank you.

The Speaker: Supplementary question, Mr Quine.

380 Mr Quine: Thank you, Mr Speaker. Would the Minister agree with me, therefore, that the fact that there is currently no aviation medical examiner (AME) based on the Island, a significant shortcoming exists in the potential ability for air traffic control officers and commercial pilots, therefore, to be able to carry out their duties and that a serious threat exists to the operational capability and resilience of Ronaldsway 385 Airport, both in terms of operational readiness and of operational efficiency? Thank you, Mr Speaker.

The Speaker: Minister.

390 The Minister: Thank you, Mr Speaker. I can confirm for the Hon. Member for Douglas South that there are 16 air traffic controllers, including student air traffic controllers, at the Isle of Man Airport and the Island does not issue its own pilot licences and therefore does not maintain a list of licence-holders. But there are approximately 70 private professional pilots with Isle of Man addresses registered with the UK 395 Civil Aviation Authority. In terms of his assertion that the Airport may be at risk, in September of last year, the Airport took advantage of the Guernsey airbridge to bring to the Island an aeromedical examiner based in Guernsey to conduct medicals on the majority of its air traffic controllers. More recently, additional medicals have been booked requiring controllers to travel to the UK and self-isolate on 400 return in accordance with current protocols. Full air traffic services have been maintained throughout. So I would accept that it is less than ideal. However, I would not agree that the services from the Airport are at risk and the Department is reaching out, as I have already said, to the medical community to try and find a solution, but no doctors have come forward yet, as this is a niche area 405 of medicine which is not commonly entered into by doctors who have no previous association with aviation. Thank you.

The Speaker: Perhaps one for a pilot programme. 410 Mr Quine, do you wish a supplementary?

Mr Quine: Thank you, Mr Speaker, and may I thank the Minister for his reply. So Mr Speaker, just following on from what the Minister has just stated, is he therefore aware that potential exists for a significant bow wave to form due to the requirement, as he has just 415 alluded to, of a high majority of air traffic controllers based at Ronaldsway to undergo their medical renewals within the same time period? This emphasises what I have been saying: that until an aviation medical examiner is based here on the Island, such situations cannot be resolved. So given what I have outlined in this and my previous supplementary, coupled to the fact that a significant financial undertaking, as the Minister alluded, is a prerequisite of becoming an aviation 420 medical examiner, would the Minister agree with me that it would be most prudent that some form of bursary be offered in order to encourage a local doctor to undergo the specialised and very demanding training which would allow them to go on to become an aviation medical examiner? Thank you, Mr Speaker. 425 The Speaker: Minister to reply.

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The Minister: Thank you, Mr Speaker. There are a couple of points in the Hon. Member’s question there, firstly about a bow wave of 430 medicals to come forward. Well, I think I have already made it clear that there is a mechanism through the use of other jurisdictions whereby these medicals can be obtained, either by bringing somebody from off-Island here, as we did from Guernsey, or by sending people across to other jurisdictions. So I think that that is resolvable. Clearly it would be great to have a locally based doctor come forward and express a wish to take this course of action. So use this as an opportunity 435 to highlight the opportunity. However, in terms of the funding, it is very easy to continually give out and continually for Departments, and Government generally, to fund things. However, the aeromedical examiners operate on a private basis and charge for their services. So I think in the situation that we are currently in, I would not favour funding the establishment of a commercial operation in the way 440 that the Hon. Member has suggested.

2.7. Bus Vannin’s demand-responsive public transport – Bases for RTLC determination

The Hon. Member for Douglas Central (Mr Thomas) to ask Minister for Infrastructure:

What the legal, political and operational bases are for determination by the Road Transport Licensing Committee of Bus Vannin’s ConnectVILLAGES and other demand-responsive public transport?

The Speaker: We turn to Question 7. I call on the Hon. Member for Douglas Central, Mr Thomas.

Mr Thomas: Thank you, Mr Speaker. 445 I beg leave to ask the Minister for Infrastructure what the legal, political and operational bases are for determination by the Road Transport Licensing Committee of Bus Vannin’s ConnectVILLAGES and other demand-responsive public transport?

The Speaker: I call on the Minister for Infrastructure to reply. 450 The Minister for Infrastructure (Mr Baker): Thank you, Mr Speaker. The Road Transport Licensing Committee is established through the Road Transport Act 2001. This legislation provides for the constitution of a non-political body to enforce the provisions of the Act. The Act is explicit with regard to there being no political involvement in the Committee 455 as it precludes any Member of the House of Keys from being a member of the Committee. Therefore, there should be no political basis for determining any matters which come before the Committee. The Act is supported by the Road Transport Regulations 2018 which provide more detail regarding the way in which the Committee operates. The Department works with the Road Transport Licensing Committee to ensure that the 460 regulations are fit for purpose. How the Committee operates under the 2001 Act and the 2018 Regulations is a matter for the Committee. The legislative framework provided by the 2001 Act and the 2018 Regulations enables the RTLC to function and determine applications in respect of a licence for regular service under section 25 of the Road Transport Act 2001. This is the licence which the Department has applied for to run a ConnectVILLAGES service. 465 Thank you.

The Speaker: Supplementary question, Mr Thomas.

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Mr Thomas: Thank you, Mr Speaker; and I really appreciate the clear statement then by the Minister of the operational and legal independence of the RTLC. 470 Is the Minister aware of whether or not the RTLC has a sort of operational set of guidelines that it is just going to apply in this case? Has it adopted them from elsewhere? Otherwise, it must be very tricky for the RTLC to know how to act in this situation. The second question is does the Minister agree with me that it must be very tricky for him himself, as the sponsor of Bus Vannin inside his Department and also as the person responsible 475 for the law governing an independent regulator; and how does he manage that potential conflict that must be there in the Council of Ministers from time to time?

The Speaker: Minister to reply.

480 The Minister: Thank you very much. Again, a couple of points made by the Hon. Member. Firstly, as he acknowledged in his remarks, the RTLC is purely and completely independent. So any difficulties that they have, whether it is a challenge as he alludes to, is really very much a matter for the Chairman of the RTLC to worry about. The Committee is set up as a separate entity from Government and whilst 485 the Department is the lead Department in terms of taking forward any required changes to the legislative framework in which the Committee operates and does therefore meet on a regular basis with the RTLC to discuss pertinent matters relevant to the legislation, these meetings do not cover any issues surrounding applications made by the Department, or indeed by anyone else, Mr Speaker. 490 So whilst there are clearly issues around conflict of interest between the roles of being an operator and having a legislative link to the Committee, that is exactly the reason why the Department does not become involved in the operations of the Committee. Thank you, Mr Speaker.

495 The Speaker: Supplementary, Mr Thomas.

Mr Thomas: Thank you, Mr Speaker. Again, I appreciate the helpful answer from the Minister. Does the Minister accept that there might be a perception of that conflict, given that the DoI 500 actually did work with Cabinet Office to transfer responsibility for RTLC unsuccessfully back in 2019, and what can the Minister do to assure us that that perception does not have any basis, despite statements today? Secondly, does the Minister concede that he who controls the purse strings controls the decisions? That is a commonly held perception. Would it not be better for the RTLC to have its 505 budget and its staffing directly made to it rather than through any Department of Government? Obviously any Department has a Minister and then the Council of Ministers are collectively bound inside the thing. It has been suggested to me, Minister, that the RTLC has not got the resources at the moment to actually undertake its role properly. Does the Minister agree?

510 The Speaker: Minister to reply.

The Minister: Thank you very much. So the Hon. Member seems to be asking me whether I agree with the statement that it has been explained to him that the RTLC does not have sufficient resources. So I have got no basis for 515 disagreeing with that statement about what has been explained to Mr Thomas, because I do not know what has been explained to Mr Thomas. But I am aware of concerns expressed by the RTLC about the level of resources, and I have already acknowledged to the Hon. Member that there is a perceived conflict of interest. But the Department does not get involved in the detail.

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I think the best example of that is the fact that the Department’s own application for demand- 520 responsive transport and the expansion of the current ConnectVILLAGES service cannot be heard because the RTLC will not hear it. So clearly the Department does not have any influence on the RTLC’s behaviour because we cannot get our own applications heard, Mr Speaker.

The Speaker: Supplementary question, Mr Hooper. 525 Mr Hooper: Thank you very much, Mr Speaker. I wonder if the Minister is aware that the Road Traffic Act 2001 actually provides the Department with the power to make regulations as to the way the Committee functions, including its meetings. The reason I point this out to the Minister is I am also aware of concerns from the 530 RTLC that they are under-resourced. Can the Minister advise what he is doing in his role as sponsoring Department to ensure that the RTLC does have sufficient resources, not just in staff terms, but also access to the relevant equipment to enable them to meet. I have been having a look through the RTLC website on the Government website, and I cannot see any formal minutes or annual reports having been 535 published since 2018, which indicates to me that there is an issue with resourcing. Can the Minister advise when the RTLC is next going to meet in public to consider a series of applications?

The Speaker: Minister to reply. 540 The Minister: I am afraid I cannot actually give that information that the Hon. Member is looking for, simply because the Department has no involvement in the day-to-day operation of the independent entity, who are making comments about the level of resources. They of course do sit within the offices of the Department of Environment, Food and Agriculture. My Department 545 has no other involvement with the RTLC, other than that which I have outlined in my previous answer. The Hon. Member has obviously checked as to what the RTLC has published. I am not sure you can infer that because they have not done certain things it means they have got a lack of resources. I just means they have not done those things. They are an independent arm’s-length 550 regulator and they are behaving in an independent arm’s-length way. If they are not doing what they should be doing, it is the Chairman of the RTLC who is accountable for that, Mr Speaker.

The Speaker: Supplementary question, Mr Boot.

555 Mr Boot: Thank you, Mr Speaker. Would the Minister agree with me, and I think he has made this point several times, that the RTLC is definitively an independent regulator and that whilst DEFA houses the administration of RTLC, it is up to them to bid for resource like anyone else on an annual basis to provide the services that they are required to provide? 560 My Department has been letting them have an administrator to help them with some of their short-term problems, but we had no requirement to do that, as they are an independent regulator. Consequently, I am sure the Minister will agree with me that they should get their own house in order rather than complain to the Departments that are dealing with them. Thank you very much. 565 The Speaker: Minister to reply.

The Minister: Thank you, Mr Speaker. I totally agree with the Minister for DEFA’s comments. They are independent, they behave in 570 an independent way and they are responsible for looking after their own affairs.

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The Speaker: Supplementary question, Mr Moorhouse.

Mr Moorhouse: Thank you, Mr Speaker. Given the challenges faced by the RTLC, do you and the DEFA Minister have any plans to meet 575 with the RTLC in the near future to resolve these issues? Thank you.

The Speaker: Minister to reply.

580 The Minister: Thank you very much, Mr Speaker. I did say in my original Answer that I do meet with the RTLC Chairman on a periodic basis. We have a date in the diary and the intention is for the DEFA Minister to be at that meeting too, and it is within the next month or so.

585 The Speaker: Mr Thomas.

Mr Thomas: Thank you, Mr Speaker. Can the Minister confirm what the Minister for Environment, Food and Agriculture seemed to suggest, that the human resources available to the RTLC will be lower in the next 12 months than 590 they have been in the last 12 months, so a difficult job will get even harder?

The Speaker: Minister to reply.

The Minister: Frankly, Mr Speaker, I cannot confirm that. I do not know. It is an independent 595 regulator that I am not involved in running, Mr Speaker.

The Speaker: Final supplementary, Mr Hooper.

Mr Hooper: Thank you very much, Mr Speaker. 600 I will try this again: the Road Traffic Act 2001 specifically grants the Department of Infrastructure the power to make regulations in respect of how the Committee conducts its proceedings. Those last regulations were in fact signed off by the previous Minister for Infrastructure, who is sat in this Hon. House. So for the Minister to try and imply his Department has no influence whatsoever over the way the RTLC operates is entirely false. 605 Is the Minister able to advise, given that his Department has the legal power to make changes to the regulations which the RTLC are advising certain Members is the cause of some of the problems, what steps is he going to take to rectify these issues?

The Speaker: Minister to reply. 610 The Minister: Thank you, Mr Speaker. I have already clarified that we will be meeting with the RTLC in the very near future, where we can discuss these matters. However, the framework within which they operate, which is the Act and the supporting Regulations, are fit for purpose. 615 I think the RTLC are undoubtedly making lots of comments, I will discuss those with the Chairman of the RTLC and take whatever action is appropriate going forward.

The Speaker: Thank you.

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2.8. Planning highways, footpaths, etc. – Equality impact assessments

The Hon. Member for Douglas Central (Mrs Corlett) to ask the Minister for Infrastructure:

What consideration is given to undertaking an equality impact assessment as part of planning for highway, footpath and other similar works: and how any such assessment is undertaken?

The Speaker: We turn to Question 8 and I call on the Hon. Member for Douglas Central, 620 Mrs Corlett.

Mrs Corlett: Thank you, Mr Speaker. I would like to ask the Minister for Infrastructure what consideration is given when undertaking an equality impact assessment as part of planning for highway, footpath and other similar works: 625 and how such assessment is undertaken?

The Speaker: I call on the Minister for Infrastructure to reply.

The Minister for Infrastructure (Mr Baker): Thank you, Mr Speaker. 630 Highway Services follows the Government policies, guidance and training in respect of equality impact assessments. Where a project will result in a meaningful change to the highway environment, an equality impact assessment is undertaken and appropriate adjustments made. This assessment is undertaken as part of the normal design process. In a similar way, policy or proposed policy changes of significance have an equality impact assessment undertaken prior to 635 being finalised and progressed. For maintenance work, the road environment will not change and equality impact assessments are not undertaken. Staff have been trained in equality and diversity requirements and as part of temporary works they are asked to make temporary pedestrian routes usable for all if practically possible. 640 Assessments are undertaken in accordance with Government training. Initial screening identifies if any of the protected characteristic groups could be impacted by the proposal. If that screening identifies the potential for impact, consultation takes place with members of the impacted groups and changes are made if appropriate.

645 The Speaker: Supplementary question, Mrs Corlett.

Mrs Corlett: Thank you, Mr Speaker. I would just like a little bit of clarification, if I could, around what the Minister has just said. So if roadworks are taking place on a pavement or the highway, and it is temporary, as roadworks 650 generally are –

Mr Robertshaw: Normally! (Laughter)

Several Members: Not always! 655 Mr Robertshaw: Depends!

Mrs Corlett: Not always! Just to clarify, did the Minister just say that then no impact assessment is carried out? 660 The Speaker: Minister to reply.

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The Minister: Thank you, Mr Speaker. What I said was that assessments are undertaken and initial screening takes place, and if it 665 identifies that any of the potential protected characteristic groups could be impacted then consultation takes place and changes are made if appropriate. So there is work done. It is not as formal as it would be for a major scheme. It is about the proportionality of the work and the way that it is done. However, if issues are raised once work is in place, as there was very recently on a scheme on South Quay in Douglas, my recommendation/advice would be to bring it to the 670 attention of the DoI Highway Services Enquiries team by contacting the help desk on 850000, or by email to DoI Enquiries. That is the quickest way – or using the Report a Problem app – to get issues resolved. In the particular case of the South Quay Douglas scheme, the communication process was slightly circuitous and that actually delayed the remedial action being taken. But as soon as it was 675 brought to the attention of the right people, it was rectified.

The Speaker: Supplementary question, Mr Thomas.

Mr Thomas: Thank you, Mr Speaker. 680 The Minister did seem to suggest that for maintenance there was a sort of blanket exemption on taking it into account, but I am sure that was not the intended meaning. Two simple questions: is the screening approach in a publishable format; and if so, will the Minister publish it? Likewise, will the equality impact assessment approach … is that in a publishable form; and if so, will the Minister publish it? 685 I guess a third point is that the budget is finite. Is there a policy for prioritisation of use of the budget around the equality issues that is publishable; and if so, will the ‘munster’ publish it?

The Speaker: Minister to reply.

690 The Minister: Thank you – I think he meant Minister, Mr Speaker, not ‘munster’! (Interjection) So just for clarification, Mr Thomas asked about a blanket exemption. No, I did not say there was a blanket exemption. What I said was that assessments are undertaken in what I believe to be an appropriate way, they are not as formal as they would be for a major scheme, and that is entirely in accordance with the way that these schemes are managed. 695 I am happy to discuss in the Department whether it is appropriate and feasible to publish the documents that the Hon. Member for Douglas Central has referred to and will advise.

The Speaker: Supplementary question, Mr Hooper.

700 Mr Hooper: Thank you very much, Mr Speaker. A number of months ago I had cause to reach out to the Department’s Highway Services team to query an issue with a pavement on behalf of a constituent with a disability, and the Department actually responded very positively to that and undertook some work as a result. The Minister touched on this in one of his earlier answers, but in respect of users trying to provide this feedback 705 directly back to the Department to make suggestions as to what improvements could be made – small improvements I am talking about here, not wholesale scheme changes – is there a formal mechanism whereby people can actually raise those issues with the Department and then receive feedback from the Highway Services team, or is the Report a Problem app the best way of doing that? 710 The Speaker: Minister to reply.

The Minister: Thank you, Mr Speaker, and I would like to thank the Hon. Member for Ramsey for his constructive and positive comments there. He does raise an important issue.

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715 I would always direct people to either the Report a Problem app or to email into Highway Services at Ellerslie. That I think is the most effective way of raising issues. Alternatively, to write in, for those who are not digitally enabled, to the Director of Highways at the Sea Terminal and any correspondence will then go through the appropriate process.

720 The Speaker: Supplementary question, Mr Shimmins.

Mr Shimmins: Thank you, Mr Speaker. Is the Minister able to advise whether any assessment or such like was undertaken on the footpath through the Nunnery following the renovation works that were undertaken about 725 18 months ago? He may recall I wrote to him and raised concerns about the quality of the work that had been undertaken on this path some time ago, but no remedial action has been taken, and it is very unfortunate that this key link route in Douglas remains inaccessible for wheelchair users as a result.

730 The Speaker: Minister to reply.

The Minister: Yes, thank you, Mr Speaker. I am not in a position to give the Hon. Member for Middle an answer in terms of what was undertaken on that particular scheme, but I am happy to go back and check that, and to come 735 back to him once I have got clarity.

The Speaker: Supplementary question, Mrs Barber.

Mrs Barber: Thank you, Mr Speaker. 740 The Minister mentioned in his initial Answer that they will explore reasonable adjustments, and I just wondered if the conditions for what is reasonable may be slightly different. So just to give an outline of that, when you are doing a permanent scheme, if it is not reasonable or possible to put in disabled access, for example, we do appreciate that sometimes that just is not a possibility, given the nature of narrow streets etc. That can be more of a 745 challenge. However, when you take away disabled access because of roadworks or something that is happening that affects people who are already residing somewhere, I think there is almost a higher bar that needs to meet. So it is somewhat worrying that that is where there is less formal assessment taking place. So I just wonder if he could comment, because certainly we had that with the promenade, 750 where someone who already lived there had their disabled parking space taken away – it took quite some months to get that resolved. So I would be grateful for his input.

The Speaker: Minister to reply.

755 The Minister: Yes, thank you, Mr Speaker. I think the Hon. Member for Douglas East makes a fair point: that when you are taking something away that somebody is already used to, it has more impact. I am familiar with the circumstance that she refers to, and it did take longer than was ideal to get that resolved, although my understanding was that it did get resolved satisfactorily in the end. 760 I think the core of the Hon. Member’s question was about reasonableness, and that inevitably has to be judgemental and it has to be appropriate to the circumstances and how long the scheme is going to be in place for, how long the disruption is going to apply for. I think the biggest thing is to have the consciousness and the awareness around these sorts of issues, so that a proportionate response is taken, Mr Speaker, on this important issue. 765 The Speaker: Supplementary question, Mrs Corlett.

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Mrs Corlett: Thank you, Mr Speaker. As the Minister stated, there was a problem on South Quay recently and a constituent, a wheelchair user, left home in the morning and then could not get home because roadworks had 770 started in the meantime. Whilst this was sorted out the next day, would the Minister agree that some forethought would have prevented something like that happening? And I would like to ask him, is meaningful consideration given of the impact for different disabilities when roadworks are taking place, or is it just a tick-box exercise? Thank you. 775 The Speaker: Minister to reply.

The Minister: Yes, thank you, Mr Speaker. I certainly do not believe it is just a tick-box exercise, however I think that awareness of these 780 sorts of issues can always be improved and it is often just a lack of appreciation at times. I do not think anybody is deliberately going out to make life more difficult or to be thoughtless, but I think unless you are in the position of having exposure to those real difficulties that people have, it can be a case of things being overlooked. Obviously, in the specific case that the Member is referring to, it was unfortunate and I am sorry it was not put into practice in that particular situation, albeit 785 I am pleased that it was resolved promptly once it was brought to the attention of the right people, but I think it is something we can always do better on, Mr Speaker.

The Speaker: Final supplementary, Mr Thomas.

790 Mr Thomas: Thank you, Mr Speaker. Building on the excellent set of documents and learning that the Cabinet Office has provided, does the Minister agree with me that it would be helpful for his Department to put together a sort of centre of expertise in terms of how to deal with highways, pavements and kerbs issues around screening, and in fact we do not need everything done in the centre, we actually need things 795 happening on the ground where they really matter to people. Secondly, does the Minister agree that it might be helpful to look to the Fire Service or parts of the Health Department who have what they call ‘locations of interest’ in respect of various types of disability? So in other words, the Fire Service assess rescue, in case they need to rescue somebody, and perhaps it would be helpful for the Department of Infrastructure to begin to put 800 together a voluntary locations of interest register to be able to deal with these problems. Thirdly, does the Minister think that once the steering group that has been established to deal with codes and access to public transport has completed that work, that same steering group could actually perhaps play a role in moving into the bigger issue of highways, pavements, kerbs and that sort of thing. 805 The Speaker: Minister to reply.

The Minister: Thank you very much. A number of final supplementary questions in Mr Thomas’s final supplementary question 810 there, Mr Speaker. But I do agree with his comment that it is about what happens on the ground, rather than what happens in the centre that is key here. We need to transfer that knowledge and have the factors that are highlighted in the equality documentation and guides effectively embedded to deliver better outcomes for people. I think we are on a journey here, Mr Speaker. There are many elements to this and I am 815 committed that the Department does better going forward than it has done in the past and it is by working with all stakeholders and drawing on the resources that are around us that we are going to do better, Mr Speaker. So with that, I will close.

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The Speaker: Thank you.

POLICY AND REFORM

2.9. Government Whistleblowing Policy – Publication of update

The Hon. Member for Onchan (Ms Edge) to ask the Minister for Policy and Reform:

When he will publish the updated Whistleblowing Policy agreed in the Government response to the Whistleblowing Committee’s Report?

820 The Speaker: Question 9, I call on the Hon. Member for Onchan, Ms Edge.

Ms Edge: Thank you, Mr Speaker. I would like to ask the Minister for Policy and Reform when he will publish the updated Whistleblowing Policy agreed in the Government response to the Whistleblowing Committee’s 825 Report? Thank you, Mr Speaker.

The Speaker: I call on the Minister for Policy and Reform to reply.

830 The Minister for Policy and Reform (Mr Harmer): Thank you, Mr Speaker. The development of a new whistleblowing policy is now under way. Given that the Whistleblowing Select Committee of Tynwald deemed the current policy was not fit for purpose, we have concluded that it is not just a matter of updating the current policy, but preparing and consulting on a new policy entirely. 835 As with HR policies and procedures, the new Whistleblowing Policy will be developed in conjunction with the public sector trade unions. It had been intended to commence discussions with the unions at an industrial forum meeting early last month, but this was postponed as a result of the second circuit-break lockdown. The meeting has just been rescheduled, in actual fact, and is due to take place later this month. 840 Development of the new policy is a high priority, and I hope that we will be in a position to formally consult on a new draft within the next three to four months.

The Speaker: Supplementary question, Ms Edge.

845 Ms Edge: Thank you, Mr Speaker, and I thank the Minister for admitting again today that the policy is not fit for purpose. However, I do have concerns that there are a number of people that perhaps would need to use this policy before the three to four months before you come back, or before you publish a policy, so how does the Minister envisage that these people that come forward are going to be 850 treated in the meantime? Thank you, Mr Speaker.

The Speaker: Minister to reply.

855 The Minister: Thank you. Obviously it does create a gap – I admit that – but this is not a simple task. As the Whistleblowing Committee said that it was not fit for purpose, it will involve a number of stages.

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Obviously we want to get it right, because there is no point just replacing one bad policy with an even worse policy. 860 So for example, the first stage involves OHR working with officers from relevant Departments of the Government to identify key requirements of the new policy. That work has commenced. These ideas will be discussed with representatives from the trade unions, which will be invited to have a working group to develop a consultation draft. This draft will be subject to internal consultation with the HR community, chief officers, other interested parties, to test the 865 practicality of the new arrangements. Once this stage is complete, the draft will be subject to a full consultation exercise and feedback sought before a final version is produced for consideration of the Council of Ministers. This is, in actual fact, how all corporate HR policies are developed and implemented. It takes time, but as I said, I hope to have a draft ready for consultation within three to four months. Any revised 870 new policy will have to recognise the public sector is wide and varied, and a number employment groups have a requirement to support any whistleblowing claims to professional bodies such as Manx Care. What I should put, on a positive, I should just highlight that whilst the research continues, HM Attorney General’s Chambers has developed a training package for HR officers and managers, 875 and this will be rolled out very shortly. So we are moving apace. Thank you, Mr Speaker.

The Speaker: Supplementary question, Ms Edge.

880 Ms Edge: Thank you, Mr Speaker. I am glad the Minister feels he is moving at a pace. It is a shame that the policy will not come forward in this administration, it does not sound like. However, if you are meeting with the unions later this month, and they are in agreement, surely you could bring it forward? I just wonder whether you could consider that. 885 I am also aware that the previous director and lead in the Department of OHR is still employed by the Government on some form of contract. Could he not take the lead on this and speed the process up for a new policy? Thank you, Mr Speaker.

890 The Speaker: Minister to reply.

The Minister: Thank you, Mr Speaker. I fully understand and appreciate where the Member is coming from, and obviously we will move it as quickly as possible. I am not sure, a policy will be developed over the next three to four 895 months and it will be consulted on. Now, in terms of roles and what those … we have a new HR director, obviously what roles people are doing, that is really getting into the micromanagement of it, really. As I said, it is really important, but I would urge Members, I can get frustrated as well when we want to move things as quickly as possible, but as I said before, there is no point having one bad 900 policy for something that is worse. So it is better to do it right and to do it once. Thank you, Mr Speaker.

The Speaker: Supplementary question, Mr Thomas.

905 Mr Thomas: Thank you, Mr Speaker. Does the Minister agree with me that it would be a great achievement for this House of Keys and this Government if the new policy could be brought to the July Tynwald, and if not, will the Minister make a commitment that officers will do everything they can to have it at the first Tynwald after the General Election?

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910 The Minister should be aware that the Whistleblowing Committee met for a number of years taking evidence and also that the Public Services Commission was fully involved, as the Vice-Chair had to manage the potential conflict, being a Member of that Committee. So the Office of Human Resources were quite involved during the process of the work of the Tynwald Select Committee.

915 The Speaker: Minister to reply.

The Minister: Thank you, and I thank the Member for the question. Obviously any incidents at the moment, HR will work very well with any particular case. But yes, it could be moved. Much will depend really on how the consultation goes with the trade 920 unions, particularly this month. If the proposals are fully supported and there are not that many comments, then obviously we will be able to go quicker. But far be it from me to commit anything in autumn, but I have the will to move this as quickly as we can.

The Speaker: Final supplementary, Ms Edge. 925 Ms Edge: Thank you, Mr Speaker. The Minister did comment there with regard to Manx Care and whilst I appreciate they are following all OHR policies, I would have thought that was the key policy that they would want completed. 930 Can the Minister just confirm what it is that Manx Care have discussed with him in regard to whistleblowing, as I personally feel that following COVID, whistleblowers will be key to the future success of this Government going forward for policies. Thank you, Mr Speaker.

935 The Speaker: Minister to reply.

The Minister: Thank you, Mr Speaker. What I was referring to, it would have to … all I was saying is the whistleblowing has to go to the relevant body and all those bodies need to pull together. I was just making a statement of 940 operational effectiveness. Thank you.

ENTERPRISE

2.10. Use of local businesses – DfE encouragement of customers

The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Enterprise:

What action the Department is taking to encourage customers to use local businesses?

The Speaker: Question 10. I call on the Hon. Member for Arbory, Castletown and Malew, Mr Moorhouse.

945 Mr Moorhouse: Thank you, Mr Speaker. I would like to ask the Minister for Enterprise what action the Department is taking to encourage customers to use local businesses?

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The Speaker: I call on the Minister for Enterprise to reply. 950 The Minister for Enterprise (Mr Skelly): Gura mie eu, Loayreyder. The Department’s Business Agency has been working with the Economic Recovery Group to deliver a number of projects focused on encouraging customers to use local businesses. The Love IOM brand and local spend campaign was created in August last year, as an initial 955 response to the pandemic, to encourage people to support local business. This has become an established, recognisable brand and a one-stop-shop to find out what is going on locally and to encourage people to show their love for Island businesses following a challenging period for all. In the run up to Christmas last year ‘A Truly Manx Christmas’ marketing campaign was run in conjunction with Isle of Man Newspapers, using the Love IOM branding, in order to encourage 960 people to buy gifts on Island during the festive season. The Department also produced a high performing, creative campaign video in order to encourage residents and customers to ‘spread a little love this Christmas’. In addition, in October, the Domestic Event Fund was launched in order to support events to take place and encourage the associated spend to local businesses. The Fund is still open and is 965 considering applications until the end of August this year. Presently the Department is working on further campaigns and incentives, including a shop local marketing campaign using the established Love IOM channels. And finally, the Business Agency is working with the Economic Recovery Group in order to explore other ways Government can encourage people to support their local businesses. 970 Gura mie eu.

The Speaker: Supplementary question, Mr Moorhouse.

Mr Moorhouse: Thank you, Mr Speaker, and thank you, Minister, for that encouraging Answer. 975 In terms of the shop local campaign and other campaigns that were mentioned, is the Department actually planning to have an increase in marketing over the next few months to encourage local people to spend more in local businesses this summer? Thank you.

980 The Speaker: Minister to reply.

The Minister: Gura mie eu. Yes, as I said in the initial Answer, the Love IOM campaign is due to kick off again, but I would remind that local businesses do have the opportunity to market themselves. We did enhance the 985 Business Improvement Scheme, where there is an opportunity for up to £10,000 to digitise their business and social market.

The Speaker: Supplementary, Mr Moorhouse.

990 Mr Moorhouse: Thank you, Mr Speaker, and thank you, Minister. Is there any possibility that the Events Fund could be extended again to include the period at the end of October and into November, when a lot of local activities could potentially boost the local economies? With regard to DEFA’s ‘product of’ and ‘made in the Isle of Man’ provenance labels, is that a 995 stand-alone initiative or do you use that as part of your policy area? Thank you.

The Speaker: Minister to reply.

1000 The Minister: Gura mie eu, Loayreyder.

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In terms of the Domestic Event Fund, would we consider extending it? Yes. We will be monitoring that to see how it is performing. We are currently dealing with a lot of applications in the summer months right now, and the Economic Recovery Group will consider that in due course. In terms of the DEFA campaign, that is a separate campaign, but I would strongly recommend 1005 it aligns exactly with what we are all trying to do here about shop local and spend local.

The Speaker: Final supplementary, Mrs Christian.

Mrs Christian: Thank you, Mr Speaker. 1010 A recent survey completed by The Guardian in March 2021 showed some really interesting shifts in local shopping habits. Is the Department looking at all to complete a similar report to identify opportunities for the future and to give confidence to this really essential local market? Thank you, Mr Speaker.

1015 The Speaker: Minister to reply.

The Minister: Gura mie eu. Yes, that was an excellent article, actually, and I think that is exactly what we need to consider. I say ‘we’, not just the Department and Government, but actually industry too. 1020 There have been a number of small business workshops with the Chamber of Commerce which have been very helpful and productive and it did come out quite strong there in terms of marketing, particularly social media marketing and the opportunity there. But I also think that there has been a reawakening in the importance and value of the retail offer that is here on the Isle of Man as well as the hospitality industry. We have a very strong offer on the Isle of Man and 1025 I think people have grown to really appreciate that most recently. Gura mie eu.

Standing Orders suspended to take remaining Oral Questions

The Speaker: Hon. Members, that concludes the hour available for Questions for Oral Answer. Mr Moorhouse. 1030 Mr Moorhouse: Can we please extend the sitting under Standing Order …

The Speaker: That is fine. (Laughter) You do not need the number, don’t worry! Ms Edge. 1035 Ms Edge: I beg to second, Mr Speaker.

The Speaker: When you say extend, though, do you mean complete the Questions?

1040 Mr Moorhouse: Complete the Questions please, yes.

The Speaker: So three further Questions for Oral Answer. Those in favour, please say aye; against, no. The ayes have it. The ayes have it.

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2.11. TT brand strength – Maintenance despite cancellation

The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Enterprise:

What the Department is doing to maintain the brand strength of the TT despite its cancellation?

The Speaker: We turn to Question 11, Hon. Member for Arbory, Castletown and Malew, 1045 Mr Moorhouse.

Mr Moorhouse: Thank you, Mr Speaker. I would like to ask the Minister for Enterprise what the Department is doing to maintain the brand strength of the TT despite its cancellation? 1050 Thank you.

The Speaker: I call on the Minister for Enterprise to reply.

The Minister for Enterprise (Mr Skelly): Gura mie eu, Loayreyder, and I thank the Hon. 1055 Member for this Question. I can confirm the Department has carried out extensive consultation with all TT stakeholder groups over the past 12 months, generating the largest body of intelligence ever generated around the event. This consultation has provided a clear understanding of the impact of COVID-19 on each of the individual groups as well as providing feedback on a number of key 1060 organisational and delivery aspects of the event. This research is being used to drive the delivery of both a successful 2022 as well as directing a clear plan for its longer term sustainability and viability. We believe that the TT will return better and stronger in 2022 and we are developing a number of new initiatives driven by our research. The Department will be announcing some of our plans 1065 for the 2022 TT Races and beyond in June ahead of a 12-month communications and marketing programme. Gura mie eu.

The Speaker: Supplementary question, Mr Moorhouse. 1070 Mr Moorhouse: Thank you, Mr Speaker, and thank you, Minister. With the loss of Senior Race Day and the few TT-related events this summer, will the Department be carrying out any media work to help support and strengthen the TT brand?

1075 The Speaker: Minister to reply.

The Minister: Gura mie eu. I assume the Hon. Member is talking about the economic impact there, and that is one element of it. What we were very concerned about is to ensure that the race survives, the brand survives 1080 and we can come back stronger than ever. So this opportunity that we have been taking terms of consultation is with businesses, but also obviously riders, teams, sponsors, officials and volunteers to ensure that they will be available to come back and they will support it, and not least of all the fans. So we will be, as I say, bringing forward our communications plan in October around the normal 1085 time of TT.

The Speaker: Supplementary question, Ms Edge.

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Ms Edge: Thank you, Mr Speaker. I just wonder if the Minister, the budget spend in the last financial year was nearer the 1090 £1 million during COVID, and I am just wondering what that was actually spent on, bearing in mind we did not have any motorsport event? Can the Minister say are there any outside consultants helping to make sure that our brand, the TT, is still out there, as Mr Moorhouse’s Question asks?

1095 The Speaker: Minister to reply.

The Minister: Yes, gura mie eu. We have had an adjusted budget, obviously with not having … no two TTs now, but also the Grand Prix and the Classic TT, which are taken into consideration, as well as the Southern 100, 1100 which we do support as a Department. But in terms of consultation, yes, we have a big, major plan … sorry, in terms of marketing, we have a major plan that we are going to be announcing in June in the normal time of TT, as I stated earlier.

The Speaker: Supplementary question, Mr Moorhouse. 1105 Mr Moorhouse: Thank you, Mr Speaker. Since Vision Nine, has the Department adopted a policy to protect the brand strength of the TT going forward?

1110 The Speaker: Minister to reply.

The Minister: Gura mie eu. Yes. Clearly the intellectual property rights of the TT were secured some time ago now, and that is still a major concern and interest for the Department. We believe it is a significant revenue 1115 generator for the Island.

The Speaker: Supplementary question, Mrs Christian.

Mrs Christian: Thank you, Mr Speaker. 1120 The Minister talked about volunteers for the delivery of the TT, and I am sure he is aware that 80% of volunteers for the marshals actually come from the UK. Can I ask, what incentives is he looking at to increase that local volunteer, which is only 20%, to encourage more local people becoming marshals? Is he looking at the Economic Recovery Group to supporting that and actually reaching a wider audience? 1125 Thank you, Mr Speaker.

The Speaker: Minister to reply.

The Minister: Gura mie eu. 1130 I thank the Hon. Member for her question and very observant point with regard to the amount of marshals we rely on to come to the Island and ensure that the event does actually happen – and it is well over 500 total marshals that are required to run the actual event. So can we get more local? Yes, I do believe we can. We will be always campaigning for that, but I would suggest that many of the fans are those marshals and we would still welcome them to come back to the Island 1135 too. So we have a separate budget for the TT, and obviously the Motorsport Team, so if they do need extra support, then we will be looking at the Economic Recovery Group or other means through Treasury. But, having had no TT the last two years, we believe we have got sufficient budget for 2022.

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1140 The Speaker: Final supplementary, Ms Edge.

Ms Edge: Thank you, Mr Speaker, and I thank the Minister; he has just finished on the question that I was going to ask with regard to the budget, because in response to my question you said that there had been a reduction in the budget. I think that is what I heard. So would the Minister 1145 mind circulating what the budget is going forward? What the budget was that was reduced; how you nearly spent still a million pounds when there was no event; and what the budget is going forward? Thank you, Mr Speaker.

1150 The Speaker: Minister to reply.

The Minister: Gura mie eu. Yes, I would be happy to provide some clarification on that. My answer previously was in relation to what we did not spend as a result of not having a TT, but I would be happy to clarify 1155 that to Hon. Members. Gura mie eu.

OFFICE OF FAIR TRADING

2.12. Bus Vannin’s demand-responsive public transport – Bases for OFT determination

The Hon. Member for Douglas Central (Mr Thomas) to ask the Chairman of the Office of Fair Trading:

What the legal, political and operational bases are for determination by the Office of Fair Trading of whether Bus Vannin is acting in an anti-competitive way in its provision of demand-responsive public transport?

The Speaker: We turn to Question 12, and I call on the Hon. Member for Douglas Central, Mr Thomas.

1160 Mr Thomas: Thank you, Mr Speaker. I beg leave to ask the Chair of the Office of Fair Trading what the legal, political and operational bases are for determination by the Office of Fair Trading of whether Bus Vannin is acting in an anti-competitive way in its provision of demand-responsive public transport?

1165 The Speaker: I call on the Chairman of the Office of Fair Trading to reply.

The Chairman of the Office of Fair Trading (Mr Perkins): Thank you, Mr Speaker, and I thank the Hon. Member for Douglas Central, Mr Thomas, for his Question. The legal basis for the investigation can be found under section 9, which is titled preliminary 1170 report on anti-competitive practice, within the Fair Trading Act 1996. At its meeting on 31st October 2019, the board of the Office of Fair Trading considered a paper concerning the demand responsive services being provided by Bus Vannin. The purpose of the paper was to furnish the board with sufficient information to enable it to make an informed decision, namely should the Office of Fair Trading investigate and report the 1175 question whether Bus Vannin, in the provision of the demand responsive services, had been or was pursuing a course of conduct amounting to an anti-competitive practice. The board agreed

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that there were sufficient grounds for the Office of Fair Trading to investigate and report the question and, therefore, gave it consent to proceed. There is no political basis for the investigation. 1180 Operationally, the investigation is being carried out in accordance with the relevant provisions of the Act. The report will be submitted to the Council of Ministers and published in accordance with Schedule 3 of the Act. Thank you, Mr Speaker.

1185 The Speaker: Supplementary question, Mr Thomas.

Mr Thomas: Thank you, Mr Speaker. I appreciate the Chair confirming that the report will be published in conformance with the Fair Trading Act. Can the Chair assure this House and those more directly involved that the report will 1190 be published on receipt by the Office of Fair Trading so that there is fairness between the parties? Before there is potential political involvement at the Council of Ministers, because obviously the Council of Ministers is a political body. And, secondly, can the Chair advise whether there were any budgetary issues behind the fact that the consultants were not commissioned or procured until relatively late? In other words, does 1195 the Office of Fair Trading have a pot of money that it can just use to commission advice or did it have to go to the Department sponsor or to somebody else to get the budget to actually carry out the investigation?

The Speaker: Chairman to reply. 1200 The Chairman: Thank you, Mr Speaker. Could you please repeat the first part of the question? I am afraid I have forgotten with the lengthy second part I have missed the first bit, but I will answer your second part. We are still analysing the response from the quick quote process and as such we will be making a decision on 1205 the basis of the successful applicant on how much this is going to cost. There is, as far as I am aware, a contingency allowance within the Office of Fair Trading budget but, depending on the reply from the successful applicant who is bid to conduct the inquiry, as yet I do not know whether we will have to go for extra funds. Could you repeat the first question, sir? 1210 The Speaker: Supplementary question, Mr Thomas.

Mr Thomas: Thank you, Mr Speaker, and I really appreciate the helpful way that the Chair is dealing with my difficult questions. 1215 So the question I asked was can the Chair commit to publish the consultancy report on receipt at the same time as it is submitted to the Council of Ministers? After all, the Chair must agree that the Office of Fair Trading is an independent regulator (A Member: Hear, hear.) and we need to have that report published equally to the different parties involved. The second question is, obviously the Fair Trading Act is rather underdeveloped and is going to 1220 be replaced by the Competition Bill when that is enacted. Does the Office of Fair Trading have a checklist of how to go about this sort of process which is borrowed from somewhere else or is it learning by doing through this investigation?

The Speaker: Chairman to reply. 1225 The Chairman: Thank you, Mr Speaker.

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First of all the checklist, it is due process which will certainly be followed. I am sure the Hon. Member will be aware from his time when he was in the Office of Fair Trading that these things do have a due process which is carefully followed. 1230 And … I have forgotten the first question again! Sorry, Mr Speaker.

The Speaker: When will the report be published?

The Chairman: Oh yes, absolutely. The report will be published in accordance with the Council 1235 of Ministers. We will give it to them first, and then I understand that it will either be made public or may not be made public, depending on the Council of Ministers ̓decision. Thank you, Mr Speaker.

The Speaker: Supplementary question, Mr Hooper. 1240 Mr Hooper: Thank you very much, Mr Speaker. I am a bit confused. I think the Hon. Chairman mentioned section 9 of the Fair Trading Act in his Answer, which talks about preliminary reports. The Act actually is very specific as to the procedure that should be followed when the OFT undertakes such an investigation. It talks about 1245 how there should be the opportunity for anyone involved to give evidence, a hearing should be in public, it sets out a few of these requirements, publication of reports as well, it says that where there is a report being published and given to the Council of Ministers it should also be laid before Tynwald. (A Member: Hear, hear.) So it is a little bit concerning to hear the Chair of the OFT make reference to other … well, things that are not referenced in here. He has not really talked about 1250 the procedure that is set out in the Act, he is not clear on whether the report is going to be published or not. I am quite concerned here. Can the Chairman perhaps revisit some of his earlier comments around the procedure that is going to be followed by the OFT in carrying out this investigation, whether there will be any opportunity for public hearings or evidence to be submitted by interested parties and 1255 stakeholders, and if he can confirm, for the avoidance of doubt, whether the final report will be published and laid before Tynwald?

The Speaker: Chairman to reply.

1260 The Chairman: Thank you, Mr Speaker. If that is the legislation then I am sure the Office of Fair Trading will follow it to the letter and in that case it will be published at the same time as the Council of Ministers get their report. Regarding the publication of the evidence that has so far been received, on an ongoing investigation until the investigation is concluded it is an investigation that is subject to certain 1265 commercial confidences, both on the information that we have had from all parties concerned and as such it will be conducted in private. It will be made available. And just to give the Hon. Member some idea of the actual complexity of investigation, we have had something like 893 files of information from various parties, from taxi drivers to Commissioners to the Department, a vast array of evidence to sift through, and that will all be 1270 handed over to the independent people carrying out the inquiry when that is the case. Thank you, Mr Speaker.

The Speaker: Supplementary question, Mr Thomas.

1275 Mr Thomas: Thank you, Mr Speaker. So will the people carrying out the investigation, acting for the Office of Fair Trading, act according to good practice, Manx law and what would be acceptable to the UK and beyond the UK in terms of treating the public sector fairly when it comes to anti company competition? Will

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hearings be held in public, do the terms of reference allow for that, and will a budget be sufficient 1280 to allow for this to be handled properly by those who have experience of it? And secondly, the Chair is actually now on public record, in his interview with Paul Moulton on Isle of Man television, as saying the technology has overtaken the legislation. Was he speaking on behalf of the Office of Fair Trading when he said that, or was he speaking for Government or something like that, was he actually prejudicing this investigation? 1285 The Speaker: Chairman to reply.

The Chairman: Thank you, Mr Speaker. I was speaking on behalf of myself, neither the OFT, the Government or whatever, it was a 1290 weekend studio of frank and personal views that were extended, and I stand by my comments. I think that the smartphones that we have now far outstrip any legislation, legislation struggles to keep up with that, and I think that is the ever-present problem that we have as politicians, to keep legislation in tune with what is happening in the real world regarding electronic advances. In particular, I think I have mentioned the fact that bus services on demand are quite regular in the 1295 UK. The only difference is it is run by private individual bus services. I think it was just a weekend programme and certainly no statement on behalf of either the OFT or the Government. I hope I have made myself clear on that. Thank you.

1300 The Speaker: Final supplementary, Mr Robertshaw.

Mr Robertshaw: Thank you, Mr Speaker. Given that the OFT is an independent body and is commissioning an independent report on the matter, why is it then not clear that that independent report to an independent body should 1305 be made available independently, rather than prior consideration by the Council of Ministers? I am lost on that. If he can clarify the position, I would be most grateful, Mr Speaker.

The Speaker: Chairman to reply.

1310 The Chairman: Thank you, Mr Speaker. I think the independent report will be made public but as it is progressing it could possibly prejudice the outcome of the report so therefore it is vital that the information is kept private and it will be done so in the correct manner in accordance with Manx law. Thank you, Mr Speaker.

MEAT PLANT

2.13. Meat Plant funding 2019-21– Statement

The Hon. Member for Garff (Mrs Caine) to ask the Chairman of the Meat Plant:

What funding will be provided to the Meat Plant in the current year; how much funding was provided in (a) 2020 and (b) 2019; and if he will make a statement?

1315 The Speaker: Question 13, and I call on the Hon. Member for Garff, Mrs Caine.

Mrs Caine: Thank you, Mr Speaker.

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I would like to ask the Chairman of the Meat Plant what funding will be provided to the Meat Plant in the current year; how much funding was provided in 2020 and 2019; and if he will make 1320 a statement?

The Speaker: I call on the Chairman of the Meat Plant to reply.

The Chairman of the Meat Plant (Mr Baker): Thank you, Mr Speaker, and I thank the Hon. 1325 Member for Garff for her Question. First of all, I would just like to clarify that the Meat Plant is operated at arm’s length from Isle of Man Government by the Isle of Man Meat Company Ltd with an independent board of directors, which I chair. Funding is provided by Isle of Man Government to the Isle of Man Meat Company Ltd primarily by way of subvention from its shareholder DEFA. 1330 The Company has received funding as follows: financial year 2019-20, £2,135,611; financial year 2020-21, £2,030,758; financial year 2021-22, to date, £1,000,110. These amounts include all payments made by the Isle of Man Government to the Company and not just subvention payments. The board anticipates that further subvention funding will be received from DEFA during the remainder of the financial year. 1335 The Speaker: Supplementary question, Mrs Caine.

Mrs Caine: Thank you, Mr Speaker. I have got several, actually, but the most pressing one is to question the Minister. The 2019 1340 accounts, the financial statement, was laid before on the October 2019 Order Paper, but could he confirm when the 2020, and indeed this year ending 2021, when will those accounts, those financial statements, be published?

The Speaker: Chairman to reply. 1345 The Chairman: Thank you very much, Mr Speaker. I would just obviously remind the Hon. Member that I am speaking as the Chair of Isle of Man Meats, not as the Minister in this context. In terms of the accounts, they will be laid before Tynwald in due course, along with the other 1350 Government’s subsidiary accounts. But that is not about funding for the Meat Plant, Mr Speaker.

The Speaker: Supplementary question, Mrs Caine.

Mrs Caine: Well, if the accounts were published, that might reduce some of the questioning to 1355 the Chair, and it seems unfortunate, and perhaps a bit odd, that the 2019 accounts, ending March 2019, were laid before in October 2019, but nothing since, and that is two sets of accounts now that have not been published. But turning to the subvention, the last financial statement the auditors made the point that the Meat Plant was not a going concern without the Isle of Man funding. Can the Minister say is 1360 this going to be it in perpetuity? Does he see, or the board think, that the amount will continue to rise; and does he think that the agricultural sector on the Island is getting good value for money from the Meat Plant?

The Speaker: Chairman to reply. 1365 The Chairman: Thank you very much. I absolutely, answering the first part of the question first, do believe the agricultural sector on the Island is getting very good value for the investment.

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The Meat Plant is integral to the agricultural supply chain on the Island. The health of the 1370 agricultural sector is improving and Isle of Man Meats and the Meat Plant play a fundamental part in that in terms of the route to market from the farmer to the fork and transmitting cash back to the farmer. Of course, it works very much in line with the guidance of its shareholder in terms of the way in which it contributes to the agricultural sector. So if the agricultural sector was not getting good value, Mr Speaker, I am sure that our shareholder, DEFA, would be absolutely intent 1375 on making that clear. In terms of subvention, this is a subvented organisation. Without that subvention, it simply would not exist. So that is why it is classed as a going concern … sorry, that is why there is a going concern qualification on the published accounts. It is dependent on ongoing Government support. And if that support was not there, you would not have a Meat Plant on the Isle of Man. That will 1380 be the case for any subvented business put at arm’s length from Government. So if you were to put the Airport at arm’s length, for example, that would be exactly the same situation. The Hon. Member says is the level of subvention going to continue to increase? Well, playing back my original Answer, the figure has actually reduced from 2019-20, £2,135,611, to £2,030,758 the following year, and so far this year it has been a £1,000,110. So it is not continuing to increase. 1385 The point about the accounts, I think the Hon. Member may not be aware, that more recently the Isle of Man Meats accounts have been consolidated into the Isle of Man Government published accounts, and that may be the difference from the point that she has made about the historic accounts. So that has I think addressed the points that the Hon. Member was making, Mr Speaker. 1390 The Speaker: Supplementary question, Mrs Caine.

Mrs Caine: Thank you, Mr Speaker. Well, perhaps we would be even more puzzled now that for an arm’s-length organisation the 1395 accounts have been merged into the Isle of Man Government published accounts, but I would like to refer the Chair to the comment he made at the end of his speech in the Budget debate in February this year. He said:

I would point out to over a 30% reduction in cost per unit productivity in the Meat Plant over the last three years; and 30% more value for the subvention that is provided; and a level of subvention that has been flat for … two years.

But would he agree that the level of subvention went up considerably for those two years in fact, even doubled on what it had been previously? So can he tell us what the 30% reduction in the 1400 cost per unit productivity is and what is this 30% more value for the subvention that is being provided?

The Speaker: Chairman to reply.

1405 The Chairman: Thank you very much. First part of the question, the Hon. Member talked about the accounts being merged into the Isle of Man Government Accounts. They are not merged, they are consolidated, and that was at the agreement of the Treasury and the auditor. So that was a new thing, reflecting the fact that effectively control over Isle of Man Meats is through Government. 1410 So Isle of Man Meats has its own accounts, it is an arm’s-length entity. If Government chooses, and its auditor chooses, to consolidate those accounts, then that is a matter for Government and the auditor, and Isle of Man Meats is happy to comply with that. In terms of going back to the Budget speech and the 30% reference, I stand by that. That was around the subvention per kilogram of output through the Meat Plant. So the management team 1415 in Isle of Man Meats has done a superb job since the restructuring back in March 2018 and the

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subvention expressed as per kilogram, as in the throughput through the Plant, has reduced by 30%. The Hon. Member is talking about the subvention having doubled. I have given her the answer of what the subvention is. I think her constituent who is raising these points is probably harking 1420 back to previous times, prior to the change in structure, but subvention has not doubled in the period. In fact the figures I have already quoted for the third time actually are on a reducing trend.

The Speaker: Supplementary question, Ms Edge.

1425 Ms Edge: Thank you, Mr Speaker. I just wonder if the Minister can confirm, is there an actual strategy in place? Has the board put a strategy in place for the Meat Plant? Is that due for review, if there is one? I am just looking at an article from 21st November 2017, from the Minister for DEFA, and it states, ‘will continue to operate while the Government puts in place a strategy’ for its longer term future. I am not sure I 1430 have seen a full strategy brought forward to Tynwald at any point in time, but that would be very helpful to see what the board is operating with. Also, what is the contribution, whilst the Minister is saying … sorry, the Chair – the independent Chair! – is saying about the throughput, can the independent Chair advise what contribution of Manx meat has ended up on the Manx shelves? I struggle to find it. 1435 Thank you, Mr Speaker.

The Speaker: Chairman to reply.

The Chairman: Thank you very much, Mr Speaker. 1440 We do seem to be straying somewhat from the topic of funding to the Meat Plant on some of these questions, but I will try and answer as best I can. The board runs the business, DEFA is its major shareholder. The board has a strategy that it has agreed and it presented to DEFA, and it reflects the shared vision of how the Meat Plant is to move forward and add value to the agricultural sector on the Island. 1445 The Hon. Member is right: it has not been brought through Tynwald. It is an arm’s-length body and I think we are touching on far broader questions here of the point of arm’s-length entities. She refers back to something from 2017; 2017 was before the restructuring. At that stage, the future of the Meat Plant was under considerable question, there was a market tendering exercise undertaken which did not deliver a private sector operator to run the Meat Plant, and it was 1450 restructured with effect from 31st March 2018. I would contend that it has been a very significant success since then. In terms of the value to the local economy, Isle of Man Meats injects £8.3 million back to producers, in the year to this February, nearly £700,000 worth of payments to non-stock suppliers on the Island, £1.5 million of salaries and National Insurance, and employs 55 people on the Island. 1455 So I think that is a considerable return on the investment in subvention. In terms of the final part of Ms Edge’s question about Manx meat on the shelves, approximately a third to 40% of the output of Isle of Man Meats is consumed on Island, with the rest being in the UK. Isle of Man Meats is a very successful export generator for the Isle of Man. The Isle of Man does not consume enough lamb and beef to actually absorb the production of the Island, so it has 1460 to be sold off Island, but Isle of Man Meats is working very closely with major retailers, butchers and wholesalers to grow the amount of the local market that it satisfies, because of course there is a significant amount of imported meat and it has been significant through the coronavirus period that the share of local sales has grown further again this year, Mr Speaker.

1465 The Speaker: Supplementary question, Mr Thomas.

Mr Thomas: Thank you, Mr Speaker.

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Differently from I think what was intended behind the Freedom of Information Act, the Meat Company is still outside the Freedom of Information regime. Has the board considered whether 1470 the strategy and pricing review, that has just been announced as being delivered to DEFA, whether or not it would be discoverable through an FoI request to DEFA or even through a Question from a Member to the Minister in coming weeks? If so, what is the board’s view on that? Secondly, has the board considered actually making a statement upstairs or even causing a debate to be held upstairs about very important issues? (Ms Edge: Hear, hear.) 1475 Thirdly, for the avoidance of doubt and to help reporters, can the Chair confirm that in the life of this administration the subvention seems to have doubled? (Mrs Caine: Hear, hear.) Fourthly, can the Chair confirm what I understand to be the case, which is the source of funding is not only the subvention; the farmers pay something for collection and delivery costs which also comes from the public purse, it could be argued? So we actually do need to have a proper 1480 consideration of this in terms of whether or not the public is getting value for money from this operation.

The Speaker: Chairman to reply.

1485 The Chairman: Thank you very much, Mr Speaker. Again, substantially stretching the scope of the Question. I am not sure I can find anything in Mr Thomas’s question there that actually is within the scope of the original Question.

The Speaker: Final supplementary question, Mrs Caine. 1490 Mrs Caine: Thank you, Mr Speaker. I concur with Mr Thomas’s points that he was questioning, and I would say to the Chair, the independent Chair, would he see that whether or not the accounts are now consolidated with the Isle of Man Government ones to be open about it and to demonstrate for any public accessing the 1495 Meat Plant website, Isle of Man Meats website, it would be better all round if they could be openly directed to where those accounts are and what they say? My final question, though, is picking up on what Mr Thomas said and a previous response you gave to Mr Thomas’s question was that the costs of delivering products to the customers are part of the operating costs of Isle of Man Meats. So what is the distribution charge that is charged for? 1500 It has increased from 15p a kilo to 18p a kilo. So where is the reduction in productivity for farmers? They are not seeing that benefit. So at 18p per kilo distribution charge, which is something that is not a regular charge on other producers across, how much is raised by that and, importantly for the sector, are there any plans to increase the distribution charge from 18p per kilo in future? So if the Chair could answer that, but also will he be more open for people to access the 1505 accounts? Thank you.

The Speaker: Chairman to reply.

1510 The Chairman: Thank you very much. I am perfectly happy to sit down with the constituent, who I already know who it is from the questions that you have asked there –

Mrs Caine: There are two, actually. 1515 The Chairman: Well, they are repeating the same points. The distribution charge is part of the terms and conditions of Isle of Man Meats. Producers sign up to those. They do not have to supply through Isle of Man Meats, but those are the terms and

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conditions. They choose to do so, they are free to use other routes to market or even to have 1520 home kill, or business kill, if that is their choice. So you have to have terms and conditions – any business has them. We are running Isle of Man Meats as an arm’s-length business. Most companies do not put their accounts on their website, unless they have got a reason to do so. Isle of Man Meats is there to run –

1525 Mrs Caine: £2 million of public money!

Mr Robertshaw: Hear, hear.

The Speaker: Order! 1530 The Chairman: All the funding of Isle of Man Meats has gone through proper process, it has been through the Budget process, it has got Treasury approvals, it has got DEFA concurrence, clearly – otherwise they would not be funding it. If you want a Meat Plant on the Isle of Man and all that that brings, it has to be funded. This is the level of funding that is required to operate it. 1535 There have been allusions made in the comments previously about an increase in the cost of subvention. The reality is the bulk of that has been reflected in better prices to the farm gate, and we have got a far more vibrant, healthy agricultural sector on this Island as a result. Prior to 2018, the Meat Plant was heading in a downward spiral, agriculture was heading in a downward spiral. I commend the Minister for Environment, Food and Agriculture for the strategic 1540 position he has taken on this and on the management team and the board of Isle of Man Meats for delivering to date. We need to carry on doing that, if we want an agricultural sector, if we want a food production sector on the Island.

The Speaker: That concludes Questions for Oral Answer. 1545 Item 3 is Questions for Written Answer, which will of course be circulated.

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3. Questions for Written Answer

HEALTH AND SOCIAL CARE

2.4. Care services – Daily charges to DHSC and Manx Care

The Hon. Member for Onchan (Ms Edge) to ask the Minister for Health and Social Care:

What daily rates are charged to the Department for Health and Social Care and Manx Care for (a) respite care; (b) full-time care; and (c) day care services, broken down by provider?

The Minister for Health and Social Care (Mr Ashford): The majority of the services referred to in the Question are directly delivered by Manx Care not contracted to a third party provider. The information below lists the respite, full time care and day care services that are contracted with the name of the provider. The services contracted do not run on a ‘daily rate’ charge basis but on 1550 a ‘whole service cost’ block purchase basis, the service cost information has not been included due to the commercial sensitivity and interests of the providers of these services.

(a) Respite Care Provider: Leonard Cheshire Disability Two respite flats in Thie Quinney provide a respite service to adults aged 18 to 65 with physical disabilities and or complex neurological conditions such as Acquired Brain Injury (ABI).

1555 Provider: Corrin Memorial Home Two respite beds in the residential care home for older people.

(b) Full-time care (Residential or Nursing Care) Provider: Autism Initiatives Seven adult residential services across the Island providing 24 x 7 support for 14 people with Autism, and severe and complex needs.

1560 Provider: Praxis Two residential services for 9 adults with a learning disability. Provider: Adorn Domiciliary Care Limited Salisbury Street Care Home with Nursing – block contract for 40 beds.

(c) Day care services 1565 Provider: Autism Initiatives This service provides day opportunities for adults with Autism. The Service is commissioned to deliver 60 spaces per week, over 10 sessions and within normal working hours between Mondays to Friday.

Provider: Praxis 1570 This service provides day opportunities for Adults with a Learning Disability. The service is commissioned to deliver day opportunities to 15 service users per day.

Provider: Crossroads (part of services delivered under a strategic partnership with Manx Care) Social Club – provides a day service for 10 adults with a learning disability. Physical disability day service – provides day service for adults with physical disabilities.

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CHIEF MINISTER

3.1. Zero Hours Committee recommendations – Progress

The Hon. Member for Onchan (Ms Edge) to ask the Chief Minister:

What progress has been made with implementation of the Zero Hours Committee recommendations?

1575 The Chief Minister (Mr Quayle): The recommendations from the report of the Chief Minister’s Committee on Zero Hours Contract, published in May 2019, were as follows:

Recommendation 1. That the Manx Industrial Relations Service should conduct a campaign to raise awareness and education about the employment rights for all, covering employees and other workers.

1580 Recommendation 2. The Department for Enterprise should bring forward legislation to: (a) extend the present right of employees to receive a written statement of particulars to all workers (including individuals on zero hours contracts) and review the particulars which are presently specified in the Isle of Man Employment Act 2006; 1585 (b) require the employer of workers who are not in regular employment to refer workers to information issued by the Department for Enterprise setting out their main employment rights; (c) provide a right to workers who are not in regular employment to request a stable contract from the employer after six months if their hours, pattern of work and/or work activities indicate there is an ongoing relationship between the workers and the employer; 1590 (d) provide a right to workers who are not in regular employment to a stable contract after one year if their hours, pattern of work and/or work activities indicate there is an ongoing relationship between the workers and the employer, unless the employer can justify withholding a stable contract on objective grounds; (e) regulate contracts which impose one-sided obligations through: requiring employers of 1595 workers who are not in regular employment to state any guaranteed hours in the written statement; removing employer’s powers to oblige workers who are not in regular employment to work any non-guaranteed hours; and prohibiting employers from cancelling shifts of workers who are not in regular employment at short notice without providing for them to be paid as if the hours had been worked; 1600 (f) provide protection against dismissal and detriment to workers who are not in regular employment (as appropriate ) who assert their statutory rights in respect of any of the above matters or the existing prohibition on exclusivity clauses at section 166(1) of the Employment Act 2006; and (g) review whether it is desirable to modify any provisions in Schedule 5 (Computation of 1605 period of employment) of the Isle of Man Employment Act 2006 which may prevent workers who are not in regular employment from building up continuous employment for employment rights purposes and, in particular, to consider extending, from one week to one month, the relevant break in service for the calculation of the qualifying period for continuous service and clarify the situations where cessations of work could be justified (as recommended in the 1610 Taylor Review).

Recommendation 3. The Treasury should investigate how ‘in work’ income top-up benefits can be adapted so that individuals who are not in regular employment are appropriately supported, and seek to raise awareness where individuals do not have a qualifying year for contributory benefit purposes.

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1615 Recommendation 4. Further work should be undertaken by the Isle of Man Government to consider some of the wider issues identified as part of this review including employment rights, benefits, the ‘gig economy’ and other issues considered by the Taylor Review.

Updates on each recommendation are set out in the table below:

Recommendation Update Recommendation 1. The Manx Industrial Relations Service (MIRS) have progressed with the implementation of this recommendation in the following ways: (a) Social Media MIRS have continued their educational campaign on employment rights through the website, mirs.org.im, Facebook and LinkedIn with increased followers. This includes posting employment law related articles and case law from both the UK and the IOM on a regular basis covering a wide range of subjects from redundancies, unfair dismissal and more recently about Covid related issues that have arisen in the workplace. Furthermore, MIRS have on numerous occasions over the last year undertaken radio broadcasts covering a number of topical issues. (b) Written Guidance MIRS produce a number of short factsheets which are available in hardcopy or electronically. In regards to Zero Hours contracts specifically, MIRS produced a new booklet, ‘A Guide to Zero Hours Contracts’ in January 2021 which can be easily accessed on the website:- https://www.mirs.org.im/media/1160/a-guide-to-zero-hours-contracts.pdf (c) Training sessions MIRS have adapted their training sessions so that they can offer places on their session’s online well as face to face. In the last month, MIRS have delivered training in Disciplinary and Grievances online to 20 people, both employers and employees and whilst this has been more challenging to do, MIRS have advised they have received very good feedback and will continue to keep this as an option for delivery in the future. The face to face sessions will resume shortly for those who prefer this method of learning. The demand has been high for the two courses; Discipline and Grievance and Disciplinary Investigations that have recently advertised and there are approximately 100 requests for training all of which are delivered at no cost to the attendees. (d) Talks and Presentations MIRS is often asked to speak at events and is due to talk to Chamber of Commerce members and other professional bodies in the coming weeks.

Recommendation 2. The Department for Enterprise intends to consult on employment law changes, including these recommendations, this year.

Recommendation 3. As I said in answer to a similar question in July 2020 from the hon. questioner, in relation to social security provisions, the principal ‘in-work’ top up benefit is Employed Person’s Allowance (EPA). When assessing entitlement to EPA, a person’s earnings are usually averaged over the five weeks immediately prior to the claim if the person is paid weekly, or over the previous two months if the person is paid monthly. However, an adjudication officer may decide on a different assessment period, if they believe that it would be more appropriate to do so, perhaps because the claimant’s earnings have changed significantly during or shortly after the normal assessment period.

Treasury has reviewed these provisions – they are satisfied there is sufficient flexibility within the existing rules to accommodate people who have irregular work patterns and who consequently have erratic earnings levels, including those on zero hours contracts.

Work to better promote awareness when individuals do not have a qualifying year for contributory benefit purposes is ongoing. Recommendation 4. As set out above in recommendation 2, the Department for Enterprise intends to consult on employment law changes this year.

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TREASURY

3.2. Care-home residents’ sale of properties – Value of equity held by Treasury

The Hon. Member for Onchan (Ms Edge) to ask the Minister for the Treasury:

What value of equity in houses which belong to residents of care homes on the Island the Treasury holds, broken down by location of the house; how many properties belonging to residents of care homes the Treasury has taken over in the last five years; how much the Treasury has received for such properties in the last five years; and where the money held from any such sales is held?

1620 The Minister for the Treasury (Mr Cannan): The Treasury does not hold any equity in houses which belong to residents of care homes and never has done.

3.3. National Insurance Fund Accounts 2018-20 – Publication on Government website

The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for the Treasury:

When the National Insurance Fund Accounts for 31st March 2018, 2019 and 2020 will be published on the Government website?

The Minister for the Treasury (Mr Cannan): Section 161 (Part XII – Finance) of the Social Security Administration Act 1992 requires the following to take place:

(2) Accounts of the Manx National Insurance Fund shall be prepared in such form and in such manner and at such times, as [the Department] may direct, and the auditor shall examine and certify every such account and shall lay copies thereof, together with their report thereon, before Tynwald.

(4) [The Department] shall present to Tynwald annually an account of the securities in which money in the Manx National Investment Fund is for the time being invested.

In respect of both (2) and (4), for the 2018, 2019 and 2020 financial years these are included 1625 within the Detailed Government Accounts (Light Blue Book) and audited as part of the Dark Blue Book Audited Accounts. Both accounts are laid before Tynwald annually and are published on the Government website. The Dark Blue Book for 2019-20 has been delayed due to implications resulting from the Pandemic and the extended statutory deadline, they are due to be laid before Tynwald in May 1630 2021. Treasury’s intention is to simplify and standardise the number of reports produced and is looking to prepare the financial information in the form of an annual report in the future. A note will be included on the Income Tax and National Insurance section of the Government website to advise the location of the National Insurance Fund Accounts and related investment 1635 information.

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POLICY AND REFORM

3.4. Non-payment of staff due to errors – Details for past three years

The Hon. Member for Douglas East (Mrs Barber) to ask the Minister for Policy and Reform:

On how many occasions in the past three years there have been errors leading to non-payment of (a) permanent and (b) temporary staff, broken down by (i) the reason for error and (ii) how they were resolved?

The Minister for Policy and Reform (Mr Harmer): Unfortunately, it has not been possible to provide this information in the time available in view of the level of manual research and analysis required. However, I hope to be in a position to provide a full response by the end of May 2021.

The following Answer was received on 8th June 2021:

https://www.tynwald.org.im/business/hansard/20002020/k210504-HA-Q3.4.pdf

3.5. High Level Policy on Means Testing – Progress in aligning current methods

The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Policy and Reform:

When and how he will provide the first annual update to show progress in aligning current means tests around the principles laid down in the High Level Policy on Means Testing report [GD No 2019/0068] as amended and approved by Tynwald in October 2019?

1640 The Minister for Policy and Reform (Mr Harmer): As a result of COVID-19, the Isle of Man Government introduced a wide range of new financial, and non-financial support, to both individuals and businesses to help support them through periods of closure. A range of support and initiatives have also been introduced through the Economic Recovery Group to help support individuals back into work or to promote opportunities. 1645 Given this, it is important that Government takes stock of what schemes might be worth retaining after the end of responding to COVID-19 and the Economic Recovery Group. Given this need to consider our approaches to various areas, it would be prudent to wait until this has been conducted before reviewing how means testing has been aligned to the principles of the report.

3.6. Combined Action Plan for Children and Young People – Update on national policies

The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Policy and Reform:

What core national policies in respect of children have been (a) introduced, (b) amended and (c) abandoned since Tynwald received the Combined Action Plan for Children and Young People [GD No 2019/0055] in October 2019?

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The Minister for Policy and Reform (Mr Harmer): Since Tynwald received the Combined Action 1650 Plan for Children and Young People [GD No 2019/0055] (the Plan’) in October 2019 – there has followed a series of developments – both policy and legislative – that have brought forward the plan’s outcomes. The most recent version of the plan was laid before Tynwald in October 2020 [GD 2020/0057]. ‘Core National Policies’ have been interpreted in a broad sense, as those with a particular 1655 affinity to the areas of Social Policy and Children. However, I would be pleased to engage with the Hon. Member if he has a different interpretation.

(a) Introduced –

Strategy for Children and Young People: The instigation of preparatory work to bring forward a new Strategy for Children and Young People is being led by the Social Policy and Children’s 1660 Committee Lead Officer Group.

Strategy Review: a review of the extent to which current health and wellbeing strategies have delivered in line with their objectives is underway through the Chief Officer Group. This has been delayed due to COVID-19. This will include progress on delivery of the Substance Misuse Strategy (which contains sections relevant to children and young people), and the Children’s Oral Health 1665 Strategy. Longer term, a board which will hold responsibility for reviewing indicators of population health (the Public Health Outcomes Framework), agreeing priorities for JSNA and strategies, and holding the relevant stakeholders to account for delivery, is proposed.

Arrangements for Joint Strategic Needs Assessment: JSNAs provide the intelligence and evidence to identify and drive Isle of Man specific strategic objectives to improve health and 1670 wellbeing. A subsection of JSNA is health needs assessment with particular relevance to healthcare interventions. A review of the population health needs assessments needed to support DHSC/Manx care is underway as part of the Health and Care Transformation process. This has been led by the Public Health Directorate of Cabinet Office in consultation with the Health and Care Transformation Board.

1675 Health and Social Care System – Complaints Procedures: From 1st April 2021, health and social care services provided by the Department of Health and Social Care (DHSC) became the responsibility of Manx Care. Children and Family Services are included within the scope of services delivered by Manx Care; mandated by the DHSC. Arrangements for the handling of complaints have therefore been amended to reflect the 1680 distinct roles of DHSC and Manx Care. The National Health Services (Complaints) (Amendment) Regulations 2021 underpin this new approach and frame the respective duties and responsibilities of DHSC, Manx Care and the Independent Review Body (IRB).

Health and Social Care System – Duty of Candour: The Manx Care Act 2021 establishes the legal ‘duty of candour’ responsibility of all organisations involved in health and social care (including 1685 children and families) on the Island. The Duty of Candour is a legal responsibility to be open and transparent with individuals and their families when something goes wrong with their care. In particular it is part of Manx Care’s commitment to placing the safety and needs of those they serve above everything else, to ensuring they learn from mistakes, and to improving services. 1690 Adoption Legislation: Revised adoption legislation was introduced and successfully cleared the House of Keys on 27th April 2021, where it now progresses to the Legislative Council – the aim of such is to place a firm focus on the needs of children (and parents) in the Island’s adoption process.

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1695 Adverse Childhood Experiences (‘ACEs’): Work continues in this area; however, due to the unprecedented impact of the pandemic response, the focus for resources has been otherwise redirected, meaning this work remains in-train and in need for further development.

(b) Amended –

Safeguarding Training Delivery Methods: The Isle of Man Safeguarding Board recognised that ‘in person’ training was significantly affected by the pandemic. Whilst the implementation of the 1700 competency framework is now complete – and evidenced as in action – the board are currently progressing other ways to deliver training which includes podcasts, virtual training and other accessible options – championing a child safeguarding centred approach.

Responsibility for Children and Family Services: This service area has under the Manx Care Act 1705 2021 been mandated by the Department of Health and Social Care to Manx Care, fulfilling several of the aims eluded to in the 2019 plan.

(c) Abandoned –

The 2019 plan contains actions that have since been superseded, chiefly those formerly within the remit of the Department of Health and Social Care (prior to the establishment of Manx Care on 1st April). Others have been subsumed into the wider Health and Care Transformation Project 1710 (led by the Cabinet Office) which continues to progress its remaining aims.

3.7. Rates Modernisation Report – Progress

The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Policy and Reform:

What progress he has made in respect of the 19 components outlined in the Rates Modernisation Report [GD No 2019/0067] that was accepted and approved by Tynwald in October 2019?

The Minister for Policy and Reform (Mr Harmer): Due to competing priorities arising from the COVID-19 response, both as a result of the immediate actions required during the lockdown periods but also longer term, the Rates Modernisation Report has not been significantly progressed. The aerial photography was undertaken by the supplier and the images have been 1715 handed over to the Department of Infrastructure. However, in advance of incurring further costs and beginning the drafting of primary legislation to enact the plan, a further consultation will be issued with more detailed example of how a modified area rating method would work compared with capital banding system given that a range of feedback has been received in support of both options. 1720 The results of this consultation will then determine the drafting instructions.

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ENVIRONMENT, FOOD AND AGRICULTURE

3.8. Road Transport Licensing Committee – DEFA resourcing

The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Environment, Food and Agriculture:

What (a) financial and (b) staff resources his Department provided the Road Transport Licensing Committee in financial year 2020-21 and expects to provide in financial year 2021-22?

The Minister for Environment, Food and Agriculture (Mr Boot): In 2020-21 Treasury allocated the Road Transport Licensing Committee a budget of £89,100, and in 2021-22 allocated £88,888. This is a draft figure influenced by an increase in projected income targets as well an assumption of staff pay increases. 1725 The Road Transport Licensing Committee is responsible for the budget allocated to it and all financial management is under the authority and control of the Committee. A Memorandum of Understanding exists between the Road Transport Licensing Committee and the Department of Environment, Food and Agriculture relating to the provision of administrative and technical functions by DEFA to the RTLC to support the statutory functions of 1730 the Committee. In this agreement it is set out that two roles will be provided to the RTLC, a Secretary to the Committee (HEO) and an Administrative Officer (AO). These roles were provided in 2020-21 as agreed by DEFA. In addition a further resource was provided during this period. In 2018 a Project Manager was provided to the RTLC on a Limited 1735 Term Appointment contract. This contract was extent on two occasions to support the RTLC, with a final conclusion date of April 2021. In 2021-22 the resources, as set out in the Memorandum of Understanding, will be provided to the RTLC. In addition to those roles stated, the following resources and support is provided to the RTLC 1740 from DEFA each year:  Two part time Inspectors (approx. 20 hours a month each);  Secretariat functions for the Committee;  Data Protection Officer time / expertise;  Financial Officer time / expertise; 1745  Corporate Services.

HEALTH AND SOCIAL CARE

3.9. Adult care homes – Regulation of Care Act 2013 inspections since 2019

The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Health and Social Care:

What requirements and recommendations have arisen from Regulation of Care Act 2013 inspections that have been carried out at adult care homes since 1st April 2019; how many have been acted upon; and if he will make a statement?

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The Minister for Health and Social Care (Mr Ashford): Adult Care Homes as defined under the Regulation of Care Act 2013 are: An establishment which provides accommodation and either or both of the following – (a) Nursing; 1750 (b) Personal care or persona support, with or without practical assistance

There are currently 52 Adult Care Homes on the Isle of Man ranging from the care of one resident to 82 residents. During the inspection year 2019-20 there were a total of 540 requirements and 32 recommendations on services where the provision was not in full compliance with the minimum 1755 standards. Part of the inspection process includes the requirement for the service to submit to the Registration and Inspection Team an action plan in respect of the requirements made from the inspection. This is then agreed with the inspector. From either monitoring visits or the next inspection we can confirm that of the requirements 1760 made in 2019-20 154 were fully met, and the majority of the others were delayed due to the impact of COVID-19. The Registration and Inspection Team are in regular contact with providers to receive assurance that improvements are being made, which can then be confirmed at the next inspection or monitoring visit. During the inspection year 2020-21 there was a reduced inspection programme due to the 1765 COVID-19 pandemic. The larger adult care homes underwent an inspection, some by visit and some by desk top assessment. From this inspection year there were 398 requirements and 28 recommendations made. These will be checked via the monitoring process or at the next inspection. When a regulated service requires immediate improvement or has had the same requirement 1770 carried forward to a third inspection the Registration and Inspection Team serve an improvement notice pursuant to sections 132 to 134 of the Regulation of Care Act 2013. During the inspection year 2019-20 there were 10 Improvement Notices served on adult care homes, two which have now been fully met and lifted and eight where work is ongoing. During the inspection year 2020-21 there was one Improvement Notice served and one Urgent 1775 Suspension of registration in line with section 89 of the Regulation of Care Act 2013.

3.10. Adult care homes – Grants and staffing 2019-21

The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Health and Social Care:

What (a) grants and (b) staffing and other support have been given to each adult care home in the financial years 2019-20 and 2020-21?

The Minister for Health and Social Care (Mr Ashford): The Department of Health and Social Care did not provide grants to any care homes in 2019-20 or 2020-21. The Department did not provide any staffing to any care homes during 2019-20 and 2020-21 with the exception of Abbotswood, where the Department provided emergency operational 1780 support (including staff resource) for the period 13th April 2020 to 13th May 2020. In relation to wider support, the Care Home Assessment & Rapid Response Team (CHARRT) established in May 2020 has supported all care homes and learning disability community houses through provision of expert advice around the pandemic contingency planning, infection control and advanced care planning. DHSC has also provided Personal Protective Equipment to all care

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1785 homes (DHSC and privately operated) in order to provide a reliable supply chain of these essential items to protect residents and staff.

3.11. Adult care homes – Health and care contracts 2019-21

The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Health and Social Care:

What the value is of health and care contracts to provide services with each adult care home in the financial years 2019-20 and 2020-21; and how many people receive care under each contract?

The Minister for Health and Social Care (Mr Ashford): Manx Care only holds two contracts for provision of adult (older persons) care homes which are listed below. Due to commercial sensitivity and interests of the providers of these services the value of these contracts has not 1790 been included in this response. Manx Care directly provide residential care for older people in care homes. The remainder of residential and nursing care beds are ‘purchased’ directly by individuals using either their own funds or via Social Security Benefit entitlement.

Adorn Domiciliary Care Limited Salisbury Street Care Home with Nursing – block contract for 40 beds. The bed occupancy level is high. 1795 In the financial year 2019-20 there were 62 people who received care under this contract. In the financial year 2020-21 there were 55 people who received care under this contract. N.B. If the clients were resident in both financial years then they have been counted in 2019- 20 and 2020-21.

Corrin Memorial Home Two respite residential care beds for older people. 1800 In the financial year 2019-20 there were 11 people who received care under this contract. In the financial year 2020-21 there were 3 people who received care under this contract.

INFRASTRUCTURE

3.12. Adopted roads and pavements – Public availability of details

The Hon. Member for Garff (Mrs Caine) to ask the Minister for Infrastructure:

How members of the public can find details of which roads and pavements are adopted?

The Minister for Infrastructure (Mr Baker): The Department maintains maps of highways maintainable at public expense (referred to as adopted highways) as required by section 3 of the Highways Act 1986. These maps are available for public inspection at the Department’s Highway 1805 Services Division’s offices, in the Sea Terminal, by prior arrangement, by emailing: [email protected]. Additionally, Highway Services Division offers a chargeable search. A search undertaken by the Department’s officers will confirm which roads and footways have been adopted by the

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Department in relation to any given property. This service is typically used by people considering 1810 a property purchase.

HEALTH AND CARE TRANSFORMATION POLITICAL BOARD

3.13. Children’s services – Commissioning of independent inspection

The Hon. Member for Douglas Central (Mr Thomas) to ask the Chairman of the Health and Care Transformation Political Board:

When he proposes to commission a new independent external inspection of children’s services as laid out in the Combined Action Plan for Children and Young People [GD No 2019/0055] in October 2019?

The Chairman of the Health and Care Transformation Political Board (Mr Ashford): In May 2019, Sir Jonathan Michael’s Independent Review of the Isle of Man Health and Care System Report recommended that services provided directly or indirectly by Manx Care should be inspected regularly by independent, external quality regulators, with a report to the Manx Care 1815 Board and to the DHSC. The Manx Care Act 2021 also enshrines the requirement for each of the services delivered or commissioned by Manx Care to be inspected at least once every five years. The Combined Action Plan for Children and Young People [GD No 2019/0055] in October 2019 outlined a similar ambition, specifying that Ofsted should be enabled as a Statutory Board for the inspection of Children and Family Social Services. Since this time, research has been conducted to 1820 establish which authorities are both willing and able to complete the inspection work on the Island. This work has found that Ofsted would not be able to inspect services on the Island, with most recent confirmation advising that their remit is restricted to England. Alternative arrangements are still being sought in other jurisdictions to identify a regulator willing and able to inspect Children and Family health and care services on the Isle of Man.

MANX UTILITIES AUTHORITY

3.14. Sustainable electricity generation – Purchase and resale value in last five years

The Hon. Member for Ramsey (Mr Hooper) to ask Chairman of the Manx Utilities Authority:

How many units were purchased on the sustainable generation tariff in each of the last five financial years; and how much the (a) income and (b) net profit or loss to the Manx Utilities Authority on the reselling of these units to other customers were, for each of those financial years?

1825 The Chairman of the Manx Utilities Authority (Mr Baker): (a) How many units were purchased on the sustainable generation tariff in each of the last five financial years; and how much the income was for each of those financial years?

See following table.

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Year Units (kWh) Income 2016-17 32,041 +147% £4,519 2017-18 35,415 +11% £4,753 2018-19 79,281 +124% £11,365 2019-20 115,485 +46% £17,139 2020-21 239,300 +107% £34,962

1830 Income is calculated from total local electricity sales (after discounts) less annual fixed charges, divided by the volume of electricity sold and multiplied by the volume of electricity purchased under the sustainable generation tariff.

(b) how much the net profit or loss to the MUA on the reselling of these units to other customers were? 1835 It is not possible to identify the net profit or loss to Manx Utilities on reselling these units as Manx Utilities does not attribute its costs down to unit level. In addition to the direct gas or electricity import costs incurred in the provision of electricity, other costs are incurred operating and maintaining a safe and reliable electricity distribution network and providing support services, such as customer services and billing functions. Costs are 1840 also incurred ensuring electricity supply matches customer demand at all times. These costs are met from the unit charges to electricity customers (in addition to standing charges). Full information on Manx Utilities financial performance for each of the last five years is available in the Authority’s audited financial statements which are laid before Tynwald each year and are in the public domain.

OFFICE OF FAIR TRADING

3.15. Bus Vannin’s demand-responsive public transport – Independent investigation

The Hon. Member for Douglas Central (Mr Thomas) to ask the Chairman of the Office of Fair Trading:

If he will publish the terms of reference and procurement documents for an independent body to investigate whether Bus Vannin is acting in an anti-competitive way in its provision of demand-responsive public transport?

1845 The Chairman of the Office of Fair Trading (Mr Perkins): The tender information pack was in the public domain during the period in which the tender was open for response through the Isle of Man Government’s ‘Quick Quote’ online procurement portal. The pack comprising terms of reference and procurement documents is available here:

https://www.tynwald.org.im/business/hansard/20002020/k210504_Q3.15_Link.pdf

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SOCIAL AFFAIRS AND CHILDREN’S SUBCOMMITTEE OF THE COUNCIL OF MINISTERS

3.16. Combined Action Plan for Children and Young People – Implementation

The Hon. Member for Douglas Central (Mr Thomas) to ask the Chairman of the Social Affairs and Children’s Subcommittee of the Council of Ministers:

What progress was made to implement the Combined Action Plan for Children and Young People, dated October 2019, by 1st April 2021; and who is responsible for implementation of continuing activity and to deliver the agreed outcomes?

The Chairman of the Social Affairs and Children’s Subcommittee of the Council of Ministers 1850 (Mr Harmer): The Council of Ministers’ Social Policy and Children’s Sub-Committee (‘SPCC’) has been engaged on a number of fronts in pursuing improved outcomes for our Island’s children and young people. The plan has progressed as follows: Further to being laid before Tynwald in October 2019 the Combined Action Plan for Children 1855 and Young People (‘the Plan’) [2019/0055] – the report reverted back to SPCC Lead Officer Group for monitoring of actions. The majority of the actions [from October 2019] were considered to have been largely completed, and as such, this culminated in the Committee’s sight of a new 2020 plan [in June 2020] – which carried forward residual outstanding actions. 1860 Subsequent to the Committee’s consideration of such, there followed improvements to the presentation and layout, including the adoption of a red, amber, green (‘RAG’) status – which was included in the most recent version laid before Tynwald Court in October 2020 [GD 2020/0057]. The Committee was cognisant that revised delivery dates for outstanding actions were predicated on the Island’s position in respect of COVID-19, and the availability of resource to 1865 progress such. Subsequently, the Lead Officer Group is set to review the plan afresh in May 2021 – with an intention to report back to the Committee and Tynwald before the close of the parliamentary session. Regarding responsibility for implementation and continuing activity, the plan remains a 1870 corporate initiative overseen by the Chief Executives and Senior Officers represented in the Lead Officer Group. The plan was formerly co-ordinated by the Director of Children and Family Services of the Department of Health and Social Care. Following the creation of Manx Care, the Executive Director of Social Care will take forward all elements around operational delivery of the plan with any 1875 strategic, legislative and regulatory areas undertaken by the Department in line with the split of responsibilities between Department and Manx Care

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Order of the Day

4. BILL FOR FIRST READING

4.1. Administration of Justice and Other Amendments Bill 2021

The Speaker: Item 4, Bill for First Reading, I call on the Secretary of the House.

The Secretary: Bill for First Reading: Administration of Justice and Other Amendments Bill 1880 2021; Member in charge, Mr Shimmins.

5. BILL FOR THIRD READING

5.1. Enterprise (Aviation and Merchant Shipping) (Miscellaneous Amendments) Bill 2021 – Third Reading approved

Mr Skelly to move:

That the Enterprise (Aviation and Merchant Shipping) (Miscellaneous Amendments) Bill 2021 be read a third time.

The Speaker: Item5, Bill for Third Reading, Enterprise (Aviation and Merchant Shipping) (Miscellaneous Amendments) Bill 2021. I call Mr Skelly to move.

Mr Skelly: Gura mie eu, Loayreyder. 1885 May I thank Hon. Members for their support during the clauses stage. I also thank Mr Hooper for bringing forward the amendments on behalf of the Department which have enhanced the power of entry provisions. This Bill will strengthen and modernise civil aviation regulatory powers already in place for the Department and will ensure that the Island continues to comply with its international aviation 1890 obligations. The Bill will enable the Department to exercise discretion in charging the Ship Registry fees where necessary to attract new business, enabling the Ship Registry to continue to compete with other flag states in a globally competitive market. Loayreyder, I beg to move that the Enterprise (Aviation and Merchant Shipping) (Miscellaneous 1895 Amendments) Bill be read for a third time.

The Speaker: Mr Hooper.

Mr Hooper: Thank you, Mr Speaker. I beg to second and reserve my remarks. 1900 The Speaker: I put the question that the Enterprise (Aviation and Merchant Shipping) (Miscellaneous Amendments) Bill 2021 be read for a third time. Those in favour, please say aye; against, no. The ayes have it. The ayes have it. Hon. Members, that concludes the business before the House this morning. We will sit again 1905 next week at 10 o’clock in our own Chamber. Thank you.

The House adjourned at 1.04 p.m.

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