PP 2021/0019

HOUSE OF KEYS Y Chiare as Feed

ORDER PAPER Claare Obbyr

DOUGLAS Tuesday 9th February 2021 10.00 am

1. Prayers

2. Questions for Oral Answer

1. The Hon. Member for (Mr Thomas) to ask the Minister for Justice and Home Affairs –

If he will make a statement in respect of the law and practice of conciliation in the case of proceedings before the Employment and Equality Tribunal in connection with a provision of the Equality Act 2017 or any of the relevant enactments?

2. The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Infrastructure –

What criteria were set out for airlines participating in the expression of interest process for government support during the pandemic; and what process was followed to award the contracts?

3. The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Infrastructure –

Pursuant to his answer to Question 62 in January , at the date the quick quote process was launched which disposal sites had appropriate licences that would have enabled them to serve as an alternative to Wrights Pit North should they have been willing and able to do so? 4. The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Policy and Reform –

Why the total number of registered voters has fallen from 63,832 on 1st April 2020 to 62,463 on 1st January 2021; and what he estimates the population will be on Census Day April 2021 based on this dataset and other data sources?

5. The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Policy and Reform –

By how much the cost of television licences has increased since 2016?

6. The Hon. Member for Douglas East (Mrs Barber) to ask the Minister for Enterprise –

What action his Department has taken to monitor the civil legal action undertaken by the United Kingdom’s Financial Conduct Authority concerning business insurance interruption cover for small business; what interaction his Department has had with affected local businesses; and what support he is able to offer affected Isle of Man businesses who have been refused payment from their insurers on claims made under business insurance interruption clauses in their insurance policies?

7. The Hon. Member for Douglas East (Mrs Barber) to ask the Minister for Enterprise –

What discussions his Department has had with the Isle of Man Financial Planners and Insurance Brokers Association, and other professional bodies, to understand the extent of the impact for Island businesses and to assist where possible in the achievement of timely financial settlements from insurers to small businesses on the Island following the recent verdict by the Supreme Court in the UK Business Interruption (BI) appeal?

8. The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Chairman of the Post Office –

When the position of sub postmaster for Ballasalla was advertised in the last five years?

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

What procedural matters were the cause of the patient transfer lot 1 appeal; and why he decided to re-procure the patient transfer contract following this appeal?

2 PP 2021/0019 10. The Hon. Member for (Mr Quine) to ask the Minister for Health and Social Care –

Whether people who suffer from learning disabilities form part of the Priority Groups for vaccination?

11. The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Chief Minister –

Whether the Isle of Man will be part of the new Global Health Insurance card initiative?

12. The Hon. Member for (Ms Edge) to ask the Chief Minister –

How many exemptions were issued since September 2020 after (a) one application b) two applications c) three applications d) four applications and c) over four applications?

13. The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Chief Minister (Minister for Cabinet Office) –

If he will make a statement on the inclusion of sea and air fares in inflation figures?

14. The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Environment, Food and Agriculture –

What powers there are to highlight the changes on amended plans in planning applications?

15. The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister of Environment Food and Agriculture –

If he will make a statement on how mast sharing by telecommunications operators has been encouraged since 1st April 2016?

16. The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Environment, Food and Agriculture –

What plans he has to roll out renewable energy generation on the Island and potential to export such energy to the UK?

3 PP 2021/0019 17. The Hon. Member for Onchan (Ms Edge) to ask the Minister for Health and Social Care –

What plans he has to publish documents relating to GTS and HR shared services and Manx Care and the strategic policy decision?

18. The Hon. Member for (Mr Perkins) to ask the Minister for Health and Social Care –

If he will make a statement on the provision of Libre glucose monitors for Type one diabetics?

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

What plans he has to review the prescription charges regime; and when any review would be completed?

20. The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Justice and Home Affairs –

When the Department last considered the possibility of introducing a 101 non- emergency line on the Island?

21. The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister of Infrastructure –

Whether the manufacturer has tested right-hand drive Citaro buses as to their suitability and safety for transporting mobility scooters?

22. The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Policy and Reform –

How many people are waiting for their pension statements; what target the Department has for responses; and how far the Department achieves this?

23. The Hon. Member for Onchan (Ms Edge) to ask the Chairman of the Manx Utilities Authority –

How much scaffolding cost, broken down by a) contractor b) contract value c) date tendered and d) location, in each of the last five years?

4 PP 2021/0019 24. The Hon. Member for Douglas Central (Mr Thomas) to ask the Chairman of the Manx Utilities Authority –

When the responses to the Wayleaves Bill consultation will be published; and what recommendations the Board has made in respect of wayleaves policy and law?

3. Questions for Written Answer

1. The Hon. Member for Douglas Central (Mr Thomas) to ask the Chief Minister –

If he will make a statement on the extension to the Island of the Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2019 and the Wireless Telegraphy (Licence Charges) Regulations 2020 and their impact on a) operators providing mobile telecommunications services b) public revenue c) planning policy and d) public health risks?

2. The Hon. Member for Douglas Central (Mr Thomas) to ask the Chief Minister –

If he will a) publish the terms of reference of the Communication Masts and Infrastructure Committee b) list meeting dates and summaries of proceedings since 1st April 2016, and c) make a statement about this Committee’s policy and proposals to co-ordinate the use and development of communication masts and infrastructure?

3. The Hon. Member for Douglas Central (Mr Thomas) to ask the Chief Minister (Minister of the Cabinet Office) –

What the timetable is for actions to establish the Major Capital Projects Unit within the Cabinet Office; and if he will make a statement about this unit’s arrangements for planning, governance, financing, management and investment in strategic infrastructure assets?

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

What the legal basis is for the Communications and Utilities Regulatory Authority to receive information from and to impose conditions on Manx Gas as a public gas supplier; and what financial and operational information about Manx Gas the regulator can be given by parties to the 2015 Gas Agreement?

5 PP 2021/0019 5. The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister for Enterprise –

What his policy is on the use of Huawei technology for telecommunications in the Isle of Man; and how this policy relates to the UK Government decision regarding Huawei technology in UK 5G networks announced in July 2020?

6. The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Education, Sport and Culture –

What the pupil to teacher ratio was in each (a) primary and (b) secondary school at the start of each of the last five school years?

7. The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Education, Sport and Culture –

How much additional funding has been invested in IT equipment for students in each of the last 5 years?

8. The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister of Environment Food and Agriculture –

How planning decisions take into account the following approved planning proposals in the Area Plan for the East 2020 as they apply to telecommunications: a) Utilities Proposal 2; b) Utilities Proposal 3; c) Utilities Proposal 4; and d) Telecommunications Proposal 1?

9. The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister of Environment Food and Agriculture –

How Strategic Plan 2016 Infrastructure Policy 3 has been applied; and which exceptions to this policy have been made since 1st April 2016 given strategic national need which cannot be otherwise secured by mast sharing or alternative locations?

10. The Hon. Member for Douglas South (Mrs Christian) to ask the Minister for Health and Social Care –

If he will publish the 2017 Sexual Assault Referral Service Needs Assessment Report by the Sexual Assault Referral Service Stakeholder Group?

6 PP 2021/0019 11. The Hon. Member Douglas East (Mrs Barber) to ask the Minister for Infrastructure –

How many a) properties were eligible for parking permits; b) general use parking spaces were available; c) reserved parking spaces were available; and d) parking permits had been issued, broken down by parking zone area, as at i) 1st December 2020 and ii) 1st December 2017?

12. The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister of Infrastructure –

When he will publish the amendments his Department is proposing to the Landlord Registration (Private Housing) Bill; and how long these will be available for consideration by experts and stakeholders before consideration of them at the Clauses stage in the ?

13. The Hon. Member for Douglas Central (Mr Thomas) to ask the Minister of Infrastructure –

How his Department used its powers and carried out its duties under the Gas Regulation Act 1995 whilst the Gas Agreement 2015 was in place; and what the findings were of its 2015 – 2020 internal review into its exercise of the functions relating to gas regulation?

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

Pursuant to his Answer on 26th January 2021, when the Office of Fair Trading discussed gas regulation with the other Government parties to the 2015 Gas Agreement; what additional information about gas supply and pricing it sought from Manx Gas between 2015 and 2020; and when the Office of Fair Trading considered changes in aspects of the Gas Agreement 2015 since 1st July 2020?

15. The Hon. Member for Ramsey (Mr Hooper) to ask the Chairman of the Post Office –

What percentage of Mails revenue is derived from a) standard first class postage and b) commercial agreements not at the standard tariff?

4. Statement

Statement by the Minister for Education Sport and Culture (Dr Allinson) regarding the Education Bill 2020

7 PP 2021/0019 5. Consideration of Clauses

5.1 Competition Bill 2020 Mr Perkins Tabled Amendments

Clause 3 Mr Thomas Clause 7 Mr Thomas Clause 8 Mr Thomas Clause 9 Mr Shimmins Clause 22 Mr Callister Clause 22 Mr Shimmins Clause 23 Mr Shimmins Clause 23 Mr Callister Clause 24 Mr Callister Clause 25 Mr Shimmins Clause 25 Mr Callister Clause 26 Mr Callister Clause 26 Mr Shimmins Clause 27 Mr Callister Clause 28 Mr Callister

6. Bills for Third Reading

6.1 Climate Change Bill 2020 Mr Boot

7. Consideration of Council Amendments

7.1 Medicines (Amendment) Bill 2020 Mr Ashford

8 PP 2021/0019 8. MESSAGE FROM THE LEGISLATIVE COUNCIL

Committee on the issues raised by the Council of Ministers (Amendment) Bill 2020 (in the Council)

The House will wish to note the following Message from the Council:

The Legislative Council has today passed a resolution under Standing Order 4.7(1) of Tynwald Court to refer the issues raised by the Council of Ministers (Amendment) Bill 2020 to a Joint Committee. The Council requests the concurrence of the Keys to the appointment of a Joint Committee.

The Council has provisionally elected three Members to the Joint Committee and would ask that, if the Keys concur to the establishment of the Joint Committee, the House also elect three Members.

The three Members provisionally elected by the Council to the Joint Committee are Mr Henderson, Mrs Lord-Brennan and Mr Mercer.

(The Secretary of the House has received the above Message. A Motion to establish a Select Committee to join with the Council will be needed if the House wishes to proceed with this matter).

Unless the House otherwise determines, the above business will be considered in the order shown.

Roger Phillips Secretary of the House

The next the next scheduled sitting of the House of Keys will be 16th February 2021 in Tynwald Court.

9 PP 2021/0019 IN THE KEYS

COMPETITION BILL 2020

CONCATENATED LIST OF AMENDMENTS

AMENDMENT TO CLAUSE 3

1. Page 10, lines 10 to 13, omit the definition of “public authority”.

(Mr Thomas)

AMENDMENT TO CLAUSE 7

2. Page 12, lines 9 to 11, for the existing text substitute the following — «7 Anti-competitive practice All persons participating in a market are prohibited from engaging in an anti-competitive practice, irrespective of their nationality or ownership status. This prohibition is subject to the power of the Council of Ministers under section 8.».

(Mr Thomas)

AMENDMENT TO CLAUSE 8

3. Page 12, line 15, for “this Act” substitute «section 7».

(Mr Thomas)

AMENDMENTS TO CLAUSE 9

4. Page 14, line 1, omit “, or intends to engage,”.

5. Page 14, line 18, for the existing text substitute «Tynwald procedure – approval required.».

(Mr Shimmins) Amendments Competition Bill 2020

AMENDMENT TO CLAUSE 22

6. Page 24, immediately after line 19 insert the following — «(8) OFT may by order amend the definition of “merger”. Tynwald procedure – approval required.

(Mr Callister)

AMENDMENT TO CLAUSE 22

7. Page 23, lines 19 to 21, for the existing text substitute the following — «(1) For the purpose of this Act, a “merger” — (a) occurs when a person, or an individual who controls a person, directly or indirectly acquires or establishes control of another person or the business of another person; but (b) does not occur where — (i) credit institutions or other financial institutions or insurance companies, the normal activities of which include transactions and dealing in securities for their own or for the account of others, hold on a temporary basis securities which they have acquired in a person with a view to reselling them, provided that — (A) they do not exercise voting rights in respect of those securities with a view to determining the competitive behaviour of that person; or (B) they exercise such voting rights only with a view to preparing the disposal of all or part of that person or of its assets, or the disposal of those securities, and that any such disposal takes place within one year of the date of acquisition; (ii) control is acquired by an officer-holder according to the law relating to liquidation, winding-up, insolvency, cessation of payments, compositions or analogous proceedings.».

(Mr Shimmins)

AMENDMENT TO CLAUSE 23

8. Page 24, line 29, for the existing text substitute «Tynwald procedure – approval required.».

(Mr Shimmins) Page ii c Competition Bill 2020 Amendments

AMENDMENT TO CLAUSE 23

9. Page 24, lines 20 to 40, and page 25, lines 1 to 7, for the existing text substitute the following — «23 Notification of proposed merger (1) Whenever any two or more parties propose a merger between them that meets or is likely to meet a financial threshold prescribed by order made by OFT, the parties must notify OFT of the proposed merger — (a)before the merger is completed; and (b)in the form and manner specified by OFT. Tynwald procedure – affirmative. (2) OFT is not so notified before the merger is completed, OFT may impose on each party a fine not exceeding 10% of its annual global turnover for the immediately preceding financial year and such fine may be enforced in the same manner as a civil judgment of the High Court. (3) Where — (a)a merger has been completed without OFT’s having been notified; and (b)the Council of Ministers considers that the merger gives rise to exceptional reasons of public policy that make it imperative that the Council of Ministers intervene, the Council of Ministers may take any steps it considers appropriate to mitigate the effects of the merger.».

(Mr Shimmins)

AMENDMENTS TO CLAUSE 23

10. Page 24, lines 21 to 29, for the existing text substitute the following — «(1) Whenever — (a) any two or more parties propose to merge; and (b) a financial threshold or other economic criterion, prescribed by OFT by means of an order that specifies the relevant value to which the threshold or criterion relates, is likely to be met by the proposed merger, the parties must, in the form and manner specified by OFT, notify OFT of the proposed merger before it is completed. Tynwald procedure – affirmative.

11. Page 24, lines 30 to 34, for the existing text substitute the following — c Page iii Amendments Competition Bill 2020

«(2) If a merger is completed without the parties’ to it having notified OFT in accordance with subsection (1), — (a) each of the parties to the merger; and (b) where applicable, an officer of any of the parties to whose default the failure to notify OFT when required is attributable, commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.».

12. Page 24, lines 35 to 40, for the existing text substitute the following — «(3) OFT may impose on each party to a merger who contravenes subsection (1) a fine not exceeding 10% of the party’s annual global turnover for the immediately preceding financial year, provided that — (a) a hearing into the contravention has been held — (i) in accordance with rules of procedure made by OFT and approved by Tynwald; and (ii) at which the party has been afforded the opportunity to make representations on its behalf and to be represented; (b) the evidence presented at the hearing satisfies OFT on a balance of probabilities that the contravention occurred; (c) no regard is had to whether or not the party is, has been, or will be charged with (or, if charged, convicted of) the offence under subsection (2); (d) the party is afforded and advised of the opportunity to appeal the finding that it contravened subsection (2), or the fine imposed by OFT on the basis of such contravention, or both, and either — (i) an appeal is not filed within the permitted time of which OFT has informed the party; or (ii) an appeal filed by the party has been heard and has been unsuccessful.».

13. Page 25, line 6, between “exceptional” and “reasons” insert «and compelling».

(Mr Callister)

AMENDMENT TO CLAUSES 24

14. Page 25, line 23, between “the” and “merger” insert «proposed».

(Mr Callister)

Page iv c Competition Bill 2020 Amendments

AMENDMENT TO CLAUSE 24

15. Page 25, lines 22 to 31, for sub-clause (4) substitute the following — «(4) If, following production by the parties of the evidence requested under subsection (3), OFT determines that the merger is unlikely to lead to a substantial lessening of competition in the market, OFT must, following discussions with the parties, in writing notify them that it has no objection to the proposed merger.».

(Mr Shimmins)

AMENDMENT TO CLAUSE 25

16. Page 26, line 30, for the existing text substitute «Tynwald procedure – approval required.».

(Mr Shimmins)

AMENDMENT TO CLAUSE 25

17. Page 26, line 26, for “a notification of proposed merger” substitute «notification of a proposed merger».

(Mr Callister)

AMENDMENTS TO CLAUSE 26

18. Page 27, lines 2 and 3, for the existing text substitute the following — «(1) Following consultation with OFT and no later than 3 months after the decision was made, the Council of Ministers may overrule OFT’s decision under section 24(4) or 25 and thereby oblige the parties to the merger or proposed merger to do whichever of the following is appropriate in the circumstances — (a) act contrary to the decision of OFT; or (b) undo any action already taken in reliance on such a decision.».

(Mr Callister)

c Page v Amendments Competition Bill 2020

AMENDMENT TO CLAUSE 26

19. Page 27, line 3, between “proposed merger” and the full stop insert «when OFT has forbidden the proposed merger».

(Mr Shimmins)

AMENDMENT TO CLAUSE 27

20. Page 27, lines 27 and 28, for the existing text substitute the following — «(b) it must redact such information from the version of the report it lays before Tynwald.».

(Mr Callister)

AMENDMENT TO CLAUSE 28

21. Page 27, line 35, for “section 31” substitute «section 30».

(Mr Callister)

Page vi c IN THE KEYS

MEDICINES (AMENDMENT) BILL 2020

CONSIDERATION OF LEGISLATIVE COUNCIL AMENDMENTS

AMENDMENT TO CLAUSE 3

1. Page 6, line 14 in the inserted section 5A, for paragraph (b) substitute — “(b) has in his possession a medicinal product to which section 5 applies and which he intends to sell, supply or administer in contravention of that section,”.