Tynwald Order Paper

ORDER PAPER Claare Obbyr

DOUGLAS TUESDAY 18th OCTOBER 2005 at 10.30 am

1. To lay before the Court -

Insurance Act 1986 - Building Societies Act 1986 - Financial Supervision Act 1988 - Investment Business Acts 1991 to 1993 - Banking Act 1998 - Corporate Service Providers Act 2000 - Retirement Benefits Schemes Act 2000 - Financial Services Review (Amendment) Regulations 2005 [SD No 690/05]

Electronic Transactions Act 2000 - Electronic Transactions (General) (Amendment) Regulations 2005 [SD No 607/05]

Harbours (Isle of Man) Act 1961 - Peel Harbour Facilities Order 2005 [SD No 696/05]

Fees and Duties Act 1989 - Town and Country Planning (Fees for Applications) (No. 2) Order 2005 [SD No 683/05] General Registry (Miscellaneous Fees) Order 2005 [SD No 684/05] Licensing Fees and Duties Order 2005 [SD No 686/05] Music and Dancing Fees and Duties Order 2005 [SD No 687/05]

TCA 4150 Fiduciary Services Acts 2000 and 2005 - Fiduciary Services (Register) Regulations 2005 [SD No 642/05] Fiduciary Services (Exemptions) Regulations 2005 [SD No 643/05] Alcoholic Liquor Duties Act 1986 - Alcoholic Liquor Duties Act 1986 (Denatured Alcohol) Order 2005 [SD No 484/05]

Brewers’ Act 1874 - Brewing (Exempt Ingredient) Order 2005 [SD No 487/05]

Customs and Excise Act 1993 - Export Control (Democratic Republic of Congo) Order 2005 (Application) Order 2005 [SD No 510/05]

Valued Added Tax Act 1996 - Value Added Tax Act 1996 (Amendment No. 2) Order 2005 [SD No 544/05] Value Added Tax Act 1996 (Amendment No. 3) Order 2005 [SD No 587/05]

Hydrocarbon Oil Duties Act 1986 - Hydrocarbon Oil Duties Act 1986 (Amendment) (No. 2) Order 2005 [SD No 540/05]

Cinematograph Act 1977 - Cinematograph (Licence Fees) Order 2005 [SD No 685/05] Subsistence Allowances - Subsistence Allowances [GC No 31/05]

Agricultural Wages Act 1952 - Agricultural Wages Regulations 2005 [SD No 627/05]

Social Security Act 2000 - Social Security Act 2000 (Amendment) (No. 2) Order 2005 [SD No 653/05] Civil Partnership Act 2004 (Application) Order 2005 [SD No 654/05] Social Security Legislation (Application) (No. 8) Order 2005 [SD No 655/05] Social Security Legislation (Application) (No. 9) Order 2005 [SD No 659/05]

Social Security Contributions and Benefits Act 1992 - Income Support (General) (Isle of Man) (Amendment) Regulations 2005 [SD No 656/05] Disability Working Allowance (General) (Amendment) Regulations 2005 [SD No 657/05] Family Income Supplement (General) (Amendment) (No. 2) Regulations 2005 [SD No 658/05]

2 TCA 4150 Town and Country Planning Act 1999 - Laxey and Lonan Area Plan Order 2005 [SD No 691/05] Town and Country Planning (Permitted Development) Order 2005 [SD No 671/05] Control of Advertisements Regulations 2005 [SD No 672/05] Town and Country Planning (Freeport Development) Order 2005 [SD No 673/05] Town and Country Planning (Certificates of Lawful Use or Development) (Amendment) Regulations 2005 [SD No 674/05] Food Act 1996 - Honey Regulations 2005 [SD No 706/05] Jam and Similar Products Regulations 2005 [SD No 707/05]

House Improvement and Energy Conservation Scheme 2005 - House Improvement and Energy Conservation Scheme 2005 [GC No 29/05]

Superannuation Act 1984 - Civil Service Superannuation Scheme 2005 [SD No 412/05]

Reports - Isle of Man Government Annual Report 2005 Report of the Select Committee on the Petition for Redress of Grievance of Leslie and Winifred Cook First Report of the Standing Committee on Constitutional Matters for the Session 2005-2006 Note: The following items are not the subject of motions on the Order Paper Council of Ministers Act 1990 - Assignment of Ministers Instrument 2005 [GC No 21/05] Assignment of Ministers (No. 2) Instrument 2005 [GC No 23/05] Government Departments Act 1987 - Appointment of Members of Departments (No. 2) Instrument 2005 [GC No 22/05] Appointment of Members of Departments (No. 3) Instrument 2005 [GC No 25/05] Air Navigation (No. 2) Order 1995 - Air Navigation (Restriction of Flying) (Emergency Evacuation) (No. 2) Regulations 2005 [SD No 633/05] Air Navigation (Restriction of Flying) (Exhibition of Flying) (No. 2) Regulations 2005 [SD No 592/05]

Wildlife Act 1990 - Wildlife (Claims for Compensation) Regulations 2005 [SD No 640/05] Census Act 1929 - Census Order 2005 [SD No 662/05]

3 TCA 4150 Value Added Tax Act 1996 - Value Added Tax (Disclosure of Avoidance Schemes) (Amendment) Regulations 2005 [SD No 588/05] Value Added Tax (Disclosure of Avoidance Schemes) (Amendment) Order 2005 [SD No 539/05] Value Added Tax (Amendment) (No. 2) Regulations 2005 [SD No 641/05] Customs and Excise Management Act - Alcoholic Liquor Duties Act 1986 - Denatured Alcohol Regulations 2005 [SD No 485/05] Superannuation Act 1984 - Superannuation (Clerk of Tynwald’s Department) Determination (No. 1) 2005 [SD No 708/05] Post Office Act 1993 - Post Office (Inland Post) (Amendment No. 2) Scheme 2005 [SD No 590/05] Agricultural Holdings Acts 1969-1976 - Constitution of Land Court [SD No 712/05] Immigration Rules - Statement of Changes in Immigration Rules [SD No 692/05] European Community - EC Secondary Legislation July 2005 [GC No 26/05] EC Secondary Legislation August 2005 [GC No 27/05] EC Secondary Legislation September 2005 [GC No 30/05] Appointed Day Orders - Veterinary Surgeons Act 2005 (Appointed Day) Order 2005 [SD No 688/05] Reports - Depositors’ Compensation Scheme: Annual Report of the Scheme Manager for the year ended 31st March 2005 Radio Manx Limited Annual Report 2004-2005 Laxey Glen Mills Limited Financial Statements for the year ended 31st March 2005 Isle of Man National Transport Limited Report and Financial Statements for the year ended 31st March 2005 Isle of Man Limited Report and Financial Statements for the year ended 31st March 2005 Practical Measures to Reduce Damage to Upland Areas by Vehicles Isle of Man Water Authority Annual Report and Accounts 2004-2005 Report of the Police Complaints Commissioner for the year ended 31st March 2005

4 TCA 4150 2. Bill for Signing -

Coastline Management Bill 2005

3. Questions -

See Question Paper.

4. Select Committee of Tynwald on the Queen’s Pier, Ramsey -

Statement by the Chairman of the Committee (Mr Karran).

5. Isle of Man Government Annual Report 2005 -

The Chief Minister to move -

That the Isle of Man Government Annual Report 2005 be received and its recommendation approved.

6. Commission of Inquiry into the Care of Young People -

The Chief Minister to move -

That Tynwald approves the expenditure of a sum not exceeding £400,000 from General Revenue for the year ending 31st March 2006 to meet the further costs of an Inquiry into the Care of Young People.

7. Rail Infrastructure Renewal Programme -

The Minister for Tourism and Leisure to move -

That Tynwald approves the Department of Tourism and Leisure incurring expenditure not exceeding £1,440,000 during the year ended 31st March 2006 being the net amount required to meet the costs of undertaking the Rail Infrastructure Renewal Programme.

[Reference Item No 6 under the heading “Tourism & Leisure” on page 9 of the Isle of Man Budget 2005-2006 and as detailed in the Estimated Capital Payments 2005-2006 to 2009-2010 under the heading “New Schemes” on page 63 of the Isle of Man Budget 2005-2006]

5 TCA 4150 8. Bulgham Bay Rock Fall Protection Measure -

The Minister for Transport to move -

That Tynwald authorises the Treasury to apply from General Revenue during the year ending 31st March 2006, a sum not exceeding £423,228 being the additional amount required by the Department of Transport for the purpose of undertaking rock fall protection measures at Bulgham Bay rock face on the A2 Laxey to Ramsey Road, Lonan.

9. St Ninian’s High School Dining Room Extension and New Inclusive Learning Unit -

The Minister for Education to move -

That Tynwald approves of the Department of Education incurring expenditure not exceeding £961,927 on St Ninian’s High School Dining Room Extension and new Inclusive Learning Unit.

[Reference: The Estimate of Capital Payments 2005-2006 to 2009-2010 (new schemes – St Ninian’s Dining Room and Extension) on page 59 of the Isle of Man Budget 2005-2006]

10. Clagh Vane, Ballasalla – proposed housing refurbishment/replacement -

The Minister for Local Government and the Environment to move - That Tynwald approves the Department of Local Government and the Environment incurring expenditure not exceeding the sum of £256,000 in respect of pre-contract costs to progress the proposed housing refurbishment/replacement at Clagh Vane, Ballasalla.

[Ref: Item No 15 under the heading “Local Government & the Environment” on page 9 of the Isle of Man Budget 2005-06, and as detailed in the Estimates of Capital Payments 2005-2006 to 2009-2010 under the heading “New Schemes – Clagh Vane” on page 62 of the Isle of Man Budget 2005-2006]

11. Grant and Top Up Loan Support to First Time Buyers -

The Minister for Local Government and the Environment to move -

That Tynwald:-

(1) approves the Department of Local Government and the Environment incurring expenditure not exceeding £5,300,000 to provide grant and top up loan support to First Time Buyers to purchase approved properties under the House Purchase Assistance Scheme;

6 TCA 4150 (2) authorises the Treasury to spend out of the Capital Transactions Account during the financial year ending 31st March 2006, a sum not exceeding £1,900,000 and during the financial year ending 31st March 2007, a sum not exceeding £3,400,000;

(3) approves of and sanctions borrowings not exceeding £5,300,000 being made by Government, such borrowings to be repaid within a period of 30 years; and

(4) approves the transfer of £1,900,000 from the Housing Reserve Fund to the Capital Transactions Account during the year ending 31st March 2006, and £3,400,000 during the year ending 31st March 2007.”

12. Select Committee on the Petition for Redress of Grievance of Leslie and Winifred Cook - The Chairman of the Committee (Mr Houghton) to move -

That the Report of the Select Committee on the Petition for Redress of Grievance of Leslie and Winifred Cook be received and the following recommendations be approved:

(1) That the Customs and Excise Division should be more proactive in undertaking inspections of traders to ensure both the maximisation of duty and compliance with the law, especially where the trader is a predominantly cash based one, previous Customs and Excise Division Reports raise consistent concerns about a trader, or allegations of fraud are received about such a trader;

(2) That the Income Tax Division should undertake a thorough review of its policies and procedures for launching investigations into alleged tax fraud to ensure both the maximisation of tax revenue and compliance with the law, particularly with regard to predominantly cash based businesses or businesses which have been the subject of complaints;

(3) That the Customs and Excise Division and the Income Tax Division should ensure that there is in place, and in use, policies to ensure that there is effective communication with those who have made allegations or complaints, within any constraints of confidentiality of information that may exist, concerning the progress and outcome of such investigations; and

(4) that the Customs and Excise Division make appropriate use of section 1 of the Customs and Excise Etc. (Amendment) Act 2001 and the Income Tax Division make appropriate use of section 106A of the Income Tax Act 1970 to ensure the exchange of all relevant information between the two Divisions to ensure that revenue is maximised and tax avoidance minimised.

7 TCA 4150 13. Standing Committee of Tynwald on Constitutional Matters - The Chairman of the Committee (Mr Speaker) to move - That the First Report of the Standing Committee on Constitutional Matters for the Session 2005-2006 be received and its recommendations approved that the title ‘Crown Commissioner - Barrantagh y Chrooin’ be approved by Tynwald for use as the title of Her Majesty’s representative in the Isle of Man, subject to Her Majesty’s approval.

14. Select Committee on the Redress of Grievance of Moorhouse Farm Ltd - The Chairman of the Committee (Mrs Craine) to move - That the Hon Member of the Council, Mr Singer, be discharged from service on the Select Committee on the Petition for Redress of Grievance of Moorhouse Farm Ltd of the Court.

15. Road Transport Act 2001 - The Minister for Transport to move - That Tynwald is of the opinion that the Minister for Transport should commence to undertake such consultations as are necessary with a view to the Department submitting an order to Tynwald for approval, in accordance with paragraph 2 of Schedule 2 to the Road Transport Act 2001, to the effect that paragraphs 3 and 4 of that Schedule shall cease to have effect from such day as the Department by that order appoints, being not earlier than 1st April 2008.

[Note: paragraph 3 of Schedule 2 requires public passenger vehicles licensed under section 29 of the Act (to ply for hire) to be so licensed in respect of one or more of 4 districts, and requires that the Road Transport Licensing Committee shall take into account whether there are, or are likely to be, enough such licences to fulfil all reasonable needs for ply for hire services at all times and places in a district before specifying the district in the licence; paragraph 4 provides that an order may be made to retain those requirements in respect of the Island as a whole instead of in respect of the individual districts; paragraphs 2 and 4 provide that no such order shall come into operation before 1st April 2007]

16. The Inquiries (Evidence) Act 2003 - Braddan Parish Commissioners Inquiry -

The Minister for Local Government and the Environment to move -

That the powers of the Inquiries (Evidence) Act 2003 shall be exercisable in relation to the Inquiry into matters relating to Braddan Parish Commissioners caused to be made by the Department of Local Government and the Environment pursuant to section 4 of the Local Government Act 1985.

8 TCA 4150 17. Insurance Act 1986 - Building Societies Act 1986 - Financial Supervision Act 1988 - Investment Business Acts 1991 to 1993 - Banking Act 1998 - Corporate Service Providers Act 2000 - Retirement Benefits Schemes Act 2000 - The Chief Minister to move -

That the Financial Services Review (Amendment) Regulations 2005 be approved. [SD No 690/05]

18. Electronic Transactions Act 2000 - The Minister for Trade and Industry to move - That the Electronic Transactions (General) (Amendment) Regulations 2005 be approved. [SD No 607/05]

19. Harbours (Isle of Man) Act 1961 - The Minister for Transport to move - That the Peel Harbour Facilities Order 2005 be approved. [SD No 696/05]

20. Fees and Duties Act 1989 - The Minister for the Treasury to move - That the Town and Country Planning (Fees for Applications) (No. 2) Order 2005 be approved. [SD No 683/05]

21. Fiduciary Services Acts 2000 and 2005 - The Minister for the Treasury to move - That the Fiduciary Services (Register) Regulations 2005 be approved. [SD No 642/05]

22. Fiduciary Services Acts 2000 and 2005 -