T Y N W A L D C O U R T O F F I C I A L R E P O R T
R E C O R T Y S O I K O I L Q U A I Y L T I N V A A L
P R O C E E D I N G S
D A A L T Y N
HANSARD
Douglas, Tuesday, 17th March 2020
All published Official Reports can be found on the Tynwald website:
www.tynwald.org.im/business/hansard
Supplementary material provided subsequent to a sitting is also published to the website as a Hansard Appendix. Reports, maps and other documents referred to in the course of debates may be consulted on application to the Tynwald Library or the Clerk of Tynwald’s Office.
Volume 137, No. 12
ISSN 1742-2256
Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. © High Court of Tynwald, 2020 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Present:
The President of Tynwald (Hon. S C Rodan OBE)
In the Council: The Lord Bishop of Sodor and Man (The Rt Rev. P A Eagles), The Attorney General (Mr J L M Quinn QC), Miss T M August-Hanson, Mr P Greenhill, Mr R W Henderson, Mrs K A Lord-Brennan, Mr R J Mercer, Mrs J P Poole-Wilson and Mrs K Sharpe with Mr J D C King, Deputy Clerk of Tynwald.
In the Keys: The Speaker (Hon. J P Watterson) (Rushen); The Chief Minister (Hon. R H Quayle) (Middle); Mr J R Moorhouse and Hon. G D Cregeen (Arbory, Castletown and Malew); Hon. A L Cannan and Mr T S Baker (Ayre and Michael); Mrs C A Corlett (Douglas Central); Mrs C L Barber and Mr C R Robertshaw (Douglas East); Hon. D J Ashford and Mr G R Peake (Douglas North); Miss K J Costain (Douglas South); Mr M J Perkins and Mrs D H P Caine (Garff); Hon. R K Harmer and Hon. G G Boot (Glenfaba and Peel); Mr W C Shimmins (Middle); Mr R E Callister and Ms J M Edge (Onchan); Hon. A J Allinson and Mr L L Hooper (Ramsey); Hon. L D Skelly (Rushen); with Mr R I S Phillips, Clerk of Tynwald.
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Business transacted
Welcome to newly elected Members of Legislative Council, Mrs Sharpe, Mr Henderson, Mr Greenhill and Mr Mercer ...... 1325 Leave of absence granted ...... 1325 Tributes to former Members, Hon. Bill Malarkey MHK, Mr David Callister and Mr Lionel Morrey ...... 1326 Papers laid before the Court ...... 1327 Procedural ...... 1329 Bill for signature ...... 1330 Procedural – Order of business ...... 1330 COVID-19 – Statement by the Chief Minister...... 1330 COVID-19 – Statement by the Minister for Health and Social Care ...... 1337 COVID-19 – Statement by the Minister for the Treasury ...... 1351 Questions for Oral Answer ...... 1360 Procedural – Questions 3 and 11 not to be asked ...... 1360 1. Representation of the People (Crown Dependencies and Overseas Territories) Bill – Statement ...... 1360 2. Manchester and Birmingham International Airports – Action to protect landing slots . 1361 3. Incapacity benefit – Question not asked ...... 1362 4. Fishing for Litter initiative – Statement ...... 1363 5. Regulatory functions within DEFA – Funding and resources allocated ...... 1364 6. DEFA and regulatory functions – Officers with both roles ...... 1366 7. National Cancer Plan 2012-2022 – Next update ...... 1367 8. Somerset Cancer Register – When DHSC implemented ...... 1368 9. Ramsey transport interchange – 2020 capital budget change ...... 1369 10. Student bus fares – Reviewing DOI policy...... 1371 11. COVID-19 TT contingency plans – Question not asked ...... 1372 The Court adjourned at 1.02 p.m. and resumed its sitting at 2.30 p.m...... 1372 12. Social Enterprise – Results of DfE review ...... 1372 13. Rural schools – Reviewing catchment policy ...... 1373 14. On-Island higher education – Plans to provide ...... 1376 15. Industrial action in schools – Effect on examination support ...... 1377 16. Post Office Retail Strategy – Economic impact assessment undertaken ...... 1379 17. Postal charges – Statement on 6th April 2020 increase ...... 1380
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Questions for Written Answer ...... 1384 18. Lieutenant Governor – Reviewing pay, terms and conditions ...... 1384 19. Financial updates presented to CoMin – Details of occasions since 2017-18 ...... 1384 20. Budget 2020 – Council of Ministers’ consideration ...... 1385 21. Government financial settlements – Details and costs in last three years ...... 1386 22. Budget 2020-21 – Equality Impact Assessment ...... 1386 23. Legislation Act 2015 – Developing a Government Gazette ...... 1386 24. Government non-disclosure agreements – Details for last five years to date ...... 1388 25. Grants and funding to companies – Breakdown by DfE sector since 2016 ...... 1388 26. School meal costs – Breakdown by individual school ...... 1389 27. Student support since 2017-18 – Free school meals, maintenance grants, tuition fees and student loans ...... 1389 28. DESC expenditure this year – Financial report by month ...... 1390 29. School parents’ and options evenings – Taken place and cancelled this academic year ...... 1390 30. Government Biosphere partners – Departments, Boards and Offices involved ...... 1392 31. Motorcycling at Cross Vein – Scientific evaluation of impact on River Neb ...... 1392 32. Corporate Services budget allocation – Expenditure in last four years ...... 1397 33. Decisions regarding statutory regulatory functions – DEFA governance, approval and policy processes ...... 1397 34. Contaminated materials at Cross Vein Mine – Action to mitigate and spread, over past 10 years ...... 1398 35. Consultant cardiologist recruitment – Surgical procedure competencies required .... 1399 36. Bus timetable changes – Publicising DoI applications to RTLC ...... 1400 37. Equality Impact Assessment of bus services – Timetable changes and vehicle purchases ...... 1401 38. Lord Street site development – Steps to further and time targets ...... 1401 39. Bus Wi-Fi contract – Performance criteria and penalties for not meeting ...... 1401 40. Footpath repairs in 2020 Budget – Funds allocated, priority areas and metres’ worth of pavement...... 1402 41. Landlord Registration (Private Housing) Bill – Progress ...... 1403 42. Veteran and historic vehicles – Number licensed in last five years ...... 1403 43. Post Office Retail Division, 2018-19– Breakdown of personnel costs for salaries, NI and pensions ...... 1404 44. Post Office Retail Division, 2018-19 – Breakdown of personnel costs for sub-post office and counter staff ...... 1405 45. Post Office HQ posts in last 10 years – Cost of shared service staff by area ...... 1405 46. Airline travel profiteering – OFT powers to prevent ...... 1406 Announcement of Royal Assent – Church Representation and Ministers Measure (Isle of Man) 2020; Public Sector Pensions (Amendment) Act 2020 ...... 1408
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Supplementary Order Paper No. 1 ...... 1408 1. Standing Orders suspended to allow supplementary Items 2 to 8 ...... 1408 2. Papers laid before the Court ...... 1408 3. Contingency Fund and coronavirus – Expenditure approved ...... 1409 4. Financial Provision and Currency Act 2011 – Coronavirus Sick Pay Compensation Scheme 2020 approved ...... 1411 5. Social Security Act 2000 – Social Security Contributions and Benefits Act 1992 (Application) (Amendment) Order 2020 approved...... 1413 6. Social Security Act 2000 – Social Security Contributions and Benefits Act 1992 (Application) (Amendment) (No.2) Order 2020 approved ...... 1414 7. Social Security Contributions and Benefits Act 1992 – Social Security (Contributions) (Amendment) (No.2) Regulations 2020 approved ...... 1414 8. Social Security Administration Act 1992 – Social Security Legislation (Contributions) (Amendment) (No.2) Order 2020 approved ...... 1415 9. Standing Orders suspended to allow supplementary Items 10 to 11 ...... 1416 10. Papers laid before the Court ...... 1416 11. Financial Provisions and Currency Act 2011 – Coronavirus Business Support Scheme approved ...... 1416 Supplementary Order Paper No. 2 ...... 1419 1. Standing Orders suspended to allow further business ...... 1419 2. Papers laid before the Court ...... 1419 3. Social Security Contributions and Benefits Act 1992 – Income Support (General) (Isle of Man) (Amendment) (No. 3) Regulations 2020 approved ...... 1419 Main Order Paper ...... 1421 3. Public Appointment – Isle of Man War Pensions Committee – Lt Col Patrick Glynn-Riley appointed ...... 1421 4. Electronic Transactions Act 2000 – Electronic Transactions (General) (Amendment) Regulations 2020 approved ...... 1422 5. Merchant Shipping (Miscellaneous Provisions) Act 1996 – Merchant Shipping (Fees) Regulations 2020 approved ...... 1422 6. Social Services Act 2011 – Adult Social Care Services (Charges) Regulations 2020 approved ...... 1423 7. Rehabilitation of Offenders Act 2001 – Rehabilitation of Offenders Act 2001 (Exceptions) (Amendment) Order 2020 approved ...... 1424 8. Regulation of Surveillance, etc. Act 2006 – Regulation of Surveillance (Prescription of Offices, Ranks and Positions) Order 2020 approved ...... 1425 9. Licensing and Registration of Vehicles Act 1985 – Vehicle Duty Order 2020 approved . 1425 10. Local Government Act 1985 – Southern Sheltered Housing Joint Board Order 2020 approved ...... 1428 11. Local Government Act 1985 – Arbory and Rushen (Local Government District) (Amendment) Order approved ...... 1428
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12. Harbours Act 2010 – Harbour (Dues and Charges) (Amendment) Regulations 2020 approved ...... 1429 13. Harbours Act 2010 – Harbour (Miscellaneous Provisions) (Amendment) Byelaws 2020 approved ...... 1430 14. Harbours Act 2010 – Registration of Pleasure Craft (Amendment) Regulations 2020 approved ...... 1430 15.-17. Collective Investment Schemes Act 2008 – Collective Investment Schemes (Fees) Order 2020 approved; Designated Businesses (Registration and Oversight) Act 2015 – Designated Businesses (Fees) Order 2020 approved; Financial Services Act 2008 – Financial Services (Fees) Order 2020 approved ...... 1431 18. Dormant Assets Act 2019 – Dormant Assets (Definition) (Amendment) Order 2020 approved ...... 1432 19. Dormant Assets Act 2019 – Dormant Assets (Distribution Organisation Appointment) Order 2020 approved ...... 1432 20. Pension Schemes Act 1995 – Pension Schemes Legislation (Application) Order 2020 approved ...... 1433 21. Social Security Contributions and Benefits Act 1992 – Income Support (General) (Isle of Man) (Amendment) (No. 2) Regulations 2020 approved ...... 1434 22. Social Security Act 2000 – Social Security Legislation (Benefits) (Application) Order 2020 approved ...... 1434 23-24. Social Security Administration Act 1992 – State Pension Revaluation for Transitional Pensions Order 2020 approved; Social Security Administration Act 1992 – State Pension Debits and Credits (Revaluation) Order 2020 approved ...... 1436 25. Gambling (Amendment) Act 1984 – Controlled Machines (Exemption) (Amendment) Order 2020 approved ...... 1437 26. European Communities (Isle of Man) Act 1973 – European Union (Somalia Sanctions) (Arms Embargo, Etc.) (Amendment) Order 2020 approved ...... 1440 Procedural ...... 1440 The Council withdrew...... 1441 House of Keys ...... 1441 The House adjourned at 4.21 p.m...... 1441
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Tynwald
The Court met at 10.30 a.m.
[MR PRESIDENT in the Chair]
The Deputy Clerk: Hon. Members, please rise for the President of Tynwald.
The President: Moghrey mie, good morning, Hon. Members.
5 Members: Moghrey mie, Mr President.
The President: The Lord Bishop will lead us in prayer.
PRAYERS The Lord Bishop
Welcome to newly elected Members of Legislative Council, Mrs Sharpe, Mr Henderson, Mr Greenhill and Mr Mercer
The President: Hon. Members, I would like to extend a warm welcome to the four newly elected Members of the Legislative Council who were sworn in and took the Oath of Allegiance 10 this morning: Hon. Members, Mrs Kerry Sharpe and Mr Bill Henderson, who are re-joining the Council; and a warm welcome to Mr Peter Greenhill and Mr Robert Mercer. We trust that you will enjoy your parliamentary careers and we look forward to your participation in the work of the Court.
15 Members: Hear, hear.
Leave of absence granted
The President: Hon. Members, I have given leave of absence to the Hon. Member for Douglas Central, Mr Thomas and the Hon. Member of Council, Mrs Maska; and to Her Majesty’s Attorney General, temporary leave of absence – he will be joining us later in the sitting.
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Tributes to former Members, Hon. Bill Malarkey MHK, Mr David Callister and Mr Lionel Morrey
The President: Hon. Members, since the last meeting of Tynwald Court, we have suffered the 20 loss of a dear Tynwald colleague and two former Members. Today we mourn their passing. The Hon. Member for South Douglas, Bill Malarkey finally lost his brave fight against illness on 20th February. In business, as an electrical engineer, William Mackay Malarkey was proud to enter the House of Keys in 2006, representing South Douglas until 2011. Then, after serving his constituents further on Douglas Town Council, he returned at a Keys by-election in 2015. 25 With his passion for public service and the interests of the vulnerable in particular, he made his mark, championing the Drug and Alcohol Strategy, driving forward social care policy in the Department of Social Care, and of course latterly as Minister for Home Affairs. We remember a passionate and often forthright debater, a man of conviction but also with a mischievous sense of fun which will be long missed by his friends and colleagues; a true 30 parliamentarian, a respected public servant who was dedicated to the end, a proud Manxman and our friend. Our deepest sympathy goes to his wife, Pamela, and family. Today, we also remember our former colleague, David Callister, who died on 27th February. He was a well-known and highly respected political commentator and Manx radio interviewer and presenter, who had reported on Tynwald for many years before he joined the Legislative 35 Council in 2008. His long experience and intimate knowledge of the Manx political scene meant that he hit the ground running, and he, particularly in debate, was able to enliven proceedings with incisive common sense and often humorous anecdote. He was dedicated to his new role, taken when many men would be happy with retirement after a long career, but he worked hard and he took 40 10 Bills through Legislative Council – although his own pet project, a Private Member’s Bill to bring about the public election of Legislative Council, which was a personal mission, in fact was not to be; his Bill failed at clauses stage. He served diligently on numerous Committees, including the MEA Select Committee and Social Affairs Policy Review Committee, and served Government in the Departments of Health, Agriculture and Transport. He was also Vice- 45 Chairman of the Civil Service Commission and Office of Fair Trading. David made a memorable contribution to Manx life, not only during his five years in Tynwald that we remember, but as a great political observer known to every household in the land as the voice of Manx Radio. Our deepest sympathy goes to his wife, Ann and family. Hon. Members, I am also sorry to report the passing on 27th February of Mr Samuel Lionel 50 Morrey, who was a Member of the House of Keys for Ayre from 1985 to 1986. A dairy farmer and agricultural businessman, he settled in the Island in 1971 and was much involved with the National Farmers’ Union. He was elected to Legislative Council in 1985 when Norman Radcliffe, who some of us will well remember, was elected to Legislative Council, and when the constituency of Ayre became a single seat in 1986 he chose not to defend his seat, but 55 stood in Ramsey, where he came third in the race. He tried again for the Keys in Michael in 1991, but was unsuccessful. During his short time with us, he served as a member of the Forestry Board and was Vice- Chairman of the Passenger Transport Board and the Gaming Board. It was of course the board system before the emergence of the ministerial system. We give sincere sympathy to his wife, 60 Kathleen and his family. Hon. Members, I would ask that we stand for a few moments of silent tribute to remember Bill Malarkey, David Callister and Lionel Morrey.
Members stood in silence.
The President: Thank you, Hon. Members. ______1326 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Papers laid before the Court
The President: I call on the Clerk to lay papers. 65 The Clerk: Ta mee cur roish y Whaiyl ny pabyryn enmyssit ayns ayrn nane jeh’n Chlaare Obbyr. I lay before the Court the papers listed at Item 1 of the Order Paper.
Electronic Transactions Act 2000 Electronic Transactions (General) (Amendment) Regulations 2020 [SD No 2020/0110] [MEMO]
Merchant Shipping (Miscellaneous Provisions) Act 1996 Merchant Shipping (Fees) Regulations 2020 [SD No 2020/0106] [MEMO]
Social Services Act 2011 Adult Social Care Services (Charges) Regulations 2020 [SD No 2020/0036] [MEMO]
Rehabilitation of Offenders Act 2001 Rehabilitation of Offenders Act 2001 (Exceptions) (Amendment) Order 2020 [SD No 2020/0102] [MEMO]
Regulation of Surveillance, etc. Act 2006. Regulation of Surveillance (Prescription of Offices, Ranks and Positions) Order 2020 [SD No 2020/0103] [MEMO]
Licensing and Registration of Vehicles Act 1985 Vehicle Duty Order 2020 [SD No 2020/0118] [MEMO]
Local Government Act 1985 Southern Sheltered Housing Joint Board Order 2020 [SD No 2020/0062] [MEMO] Arbory and Rushen (Local Government District) (Amendment) Order [SD No 2020/0063] [MEMO]
Harbours Act 2010 Harbour (Dues and Charges) (Amendment) Regulations 2020 [SD No 2020/0113] [MEMO] Harbour (Miscellaneous Provisions) (Amendment) Byelaws 2020 [SD No 2020/0114] [MEMO] Registration of Pleasure Craft (Amendment) Regulations 2020 [SD No 2020/0115] [MEMO]
Collective Investment Schemes Act 2008 Collective Investment Schemes (Fees) Order 2020 [SD No 2020/0049] [MEMO]
Designated Businesses (Registration and Oversight) Act 2015 Designated Businesses (Fees) Order 2020 [SD No 2020/0050] [MEMO]
Financial Services Act 2008 Financial Services (Fees) Order 2020 [SD No 2020/0051] [MEMO]
Dormant Assets Act 2019 Dormant Assets (Definition) (Amendment) Order 2020 [SD No 2020/0081] [MEMO] Dormant Assets (Distribution Organisation Appointment) Order 2020 [SD No 2020/0082] [MEMO] ______1327 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Pension Schemes Act 1995 Pension Schemes Legislation (Application) Order 2020 [SD No 2020/0092] [MEMO]
Social Security Contributions and Benefits Act 1992 Income Support (General) (Isle of Man) (Amendment) (No. 2) Regulations 2020 [SD No 2020/0090]
Social Security Act 2000 Social Security Legislation (Benefits) (Application) Order 2020 [SD No 2020/0091]
Social Security Administration Act 1992 State Pension Revaluation for Transitional Pensions Order 2020 [SD No 2020/0093] [MEMO]
Social Security Administration Act 1992 State Pension Debits and Credits (Revaluation) Order 2020 [SD No 2020/0094] [MEMO]
Gambling (Amendment) Act 1984 Controlled Machines (Exemption) (Amendment) Order 2020 [SD No 2020/0086] [MEMO]
European Communities (Isle of Man) Act 1973 European Union (Somalia Sanctions) (Arms Embargo, Etc.) (Amendment) Order 2020 [SD No 2020/0107] [MEMO]
The remaining items are not the subject of motions on the Order Paper
Documents subject to no procedure
Communications Act 2003 and Digital Economy Act 2017 as those Acts of the UK Parliament have effect in the Island Communications (Isle of Man) Order 2020 [SI No 2020/149] [MEMO]
Council of Ministers Act 1990 Assignment of Ministers Instrument 2020 [GC No 2020/0001] Assignment of Ministers Instrument 2020 [GC No 2020/0003]
Documents subject to negative resolution
European Communities (Isle of Man) Act 1973 European Communities (Agricultural Products and Foodstuffs Quality Schemes] Regulations 2020 [SD No 2020/0095] [MEMO] Spirit Drinks Regulations 2020 [SD No 2020/0096] [MEMO] Somalia Sanctions (Arms Embargo, etc) (Amendment) Regulations 2020 [SD No 2020/0108] [MEMO]
Immigration Act 2014 Immigration (Fees) (No. 2) Order 2020 [SD No 2020/0141] [MEMO] Immigration (Fees) (No. 2) Regulations 2020 [SD No 2020/0142] [MEMO] Nationality (Fees) Order 2020 [SD No 2020/0073] [MEMO] Nationality (Fees) Regulation 2020 [SD No 2020/0074] [MEMO]
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Immigration Act 1971 an Act of the UK Parliament as extended to the Island Statement of Changes in Immigration Rules [SD No 2020/0070] [MEMO] Statement of Changes in Immigration Rules [SD No 2020/0088] [MEMO]
Immigration and Asylum Act 1999 Immigration and Nationality (Supply of Information) (Specified Persons) Order 2020 [SD No 2020/0117] [MEMO]
Insurance Act 2008 Insurance (Fees) Regulations 2020 [SD No 2020/0052] [MEMO]
Interpretation Act 2015 Registered Schemes Administrators (Fees) Order 2020 [SD No 2020/0053] [MEMO] Court Services Fees Order 2020 [SD No 2020/0099] Fees and Duties (Government Fees) Order 2020 [SD No 2020/0100] General Registry (Miscellaneous Fees) Order 2020 [SD No 2020/0101]
Finance Act 2012 Machine Games Duty (Amendment) Regulations 2020 [SD No 2020/0064] [MEMO]
Value Added Tax Act 1996 Value Added Tax (Refund of Tax to Museums and Galleries) Order 2020 [SD No 2020/0067] [MEMO]
Reports
All Island Strategy for Affordable Housing Strategic Policy Principles [GD No 2020/0007]
Report on the Accounts of Local Authorities, Burial Authorities, Elderly Persons’ Housing Committees and Joint Boards [GD No 2020/0005]
Business Migrant Endorsement Policy [GC No 2020/0002] [MEMO]
Cash Declaration Report 2019 [GD No 2020/0006]
Isle of Man Criminal Injuries Compensation Scheme Report for 2018/19 [GD No 2019/0043]
Report on the Complaints made against the Office of the Clerk of Tynwald 2019-20 [PP No 2020/0041]
Procedural
The President: Hon. Members, there will be circulated shortly a sealed envelope, which of course you may open but it is publicly embargoed until 12 o’clock.
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Bill for signature
70 The President: Hon. Members, I have to announce that the following Bill is ready for signature: the Public Sector Pensions (Amendment) Bill 2019. With the consent of the Court I shall circulate the Bill for signature, while we deal with other business. Is that agreed? (Members: Agreed.) Agreed. Hon. Members, feel free to remove jackets to make you more comfortable.
Procedural – Order of business
75 The President: Now, Hon. Members, just to indicate the way I propose to take business in a situation which is, as we fully appreciate, becoming quite complex for us. Before the Question Paper is taken, I intend to invite the Chief Minister to make a Statement to the Court. This Statement will then be followed by Statements from the Minister for Health and the Minister for the Treasury. Questions will be allowed on these Statements. 80 I then intend to take the Question Paper as tabled. At the conclusion of the Question Paper and should it extend after lunchtime, the two and a half hours as provided for in Standing Orders will be given to the Question Paper. Then I will take the Supplementary Order Paper, on which there are a number of items of business, Orders, in relation in the main to coronavirus matters. 85 It is appreciated, Hon. Members, that circumstances meant that these particular Orders on the Supplementary Order Paper have been tabled quite late in the day – in fact, yesterday evening – but they were circulated and in your hands. I hope that this additional time this morning and over the lunch period will give you sufficient opportunity to consider them to ensure that, as a Court, we do our duty to the decisions we are required to make. 90 But it would be indeed helpful if the scene could be set for those particular debates on the Orders in the manner I have indicated with Statements from the three members of the Council of Ministers.
COVID-19 – Statement by the Chief Minister
The President: So with that, Hon. Member, I invite the Hon. Member for Middle, Mr Quayle, the Chief Minister, to take the floor. 95 The Chief Minister (Mr Quayle): Thank you very much, Mr President. May I first start by thanking you and your team for being so helpful in enabling the chain of events to happen in Tynwald, which has happened obviously at short notice. I therefore put on record my thanks to you personally and to your team, the Clerk, and his officers. 100 Mr President, Hon. Members, today I am confirming the measures we are taking to mitigate the risk to the Island from an outbreak of coronavirus. As of yesterday, the World Health Organisation advised that globally there have been 167,511 confirmed cases of coronavirus and 6,606 deaths. This global pandemic is spread across 150 countries, and is without doubt the gravest threat we have faced as an Island in generations. 105 The world has responded in different ways at different times. So far, we have followed the excellent guidance and advice issued by Public Health England. We are grateful for the deep
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relationship we have with them, and the support we have received. But yesterday the Council of Ministers agreed that we will now take further steps to safeguard our people. As an Island we have always been resilient, and we are proud of that. But we must also 110 accept that our scale brings with it limitations. The most significant of those limitations is that of our hospital. Our critical care services are limited, and will not cope with an overwhelming surge of coronavirus patients. And we cannot assume that we can rely on the UK for critical care services as they themselves may be overwhelmed. We are in the fortunate position where we have no confirmed cases of coronavirus. This is 115 the right moment to take more stringent action in the best interests of our nation. That is why I am today announcing that all people entering the Isle of Man by air or sea routes will be required to self-isolate for 14 days. This is regardless of whether they are showing symptoms or not. There will be exceptions to these measures, which includes those designated as critical staff. These new controls will take effect from 11.59 p.m. this evening, one minute to 120 midnight. While these are unprecedented measures, these are unprecedented times. We cannot allow our health and care services to be in a position where they simply cannot cope. We must also protect the most vulnerable in our communities. These measures will help us to do that. Turning now to the TT: the Council of Ministers has been reviewing the situation daily over 125 the past weeks. We had hoped it would not come to this, but it is clear that holding the TT under the current circumstances is not feasible, or indeed practical, so we have taken the difficult decision to cancel the 2020 TT. This has not been a decision we have taken lightly, but we must consider the national interest. I am aware that this will lead to a significant impact which will be felt across many sectors of 130 our economy. I can confirm that the Minister for Treasury and the Minister for Enterprise will be coming forward at this sitting of Tynwald with measures designed to support those sectors which will be affected. The community of the Isle of Man is the thing that many of us hold most dear. Over the next few weeks we will be asking people to make changes to the way they go about their lives. We 135 would advise everyone to maintain the highest levels of hygiene, washing their hands regularly with soap and hot water, and following the ‘catch it, kill it, bin it’ advice. In particular, if you are 70 or over, if you have underlying health conditions or are pregnant, then we are advising you to be extra careful. Where it is possible, they should self-isolate. If you are visiting anyone who may fit this description – whether they are in a care home or in 140 their own home – please ensure you are doubly careful. We do not want to stop these important community links, but we need to ensure our most vulnerable people are protected. People have asked me what this means. I would say that if you are in one of these categories, please consider where you are going, who you are meeting, and whether you actually need to make the trip. 145 If you are showing the symptoms of coronavirus, then you should self-isolate for 14 days. If you live in a house with other people, and have the symptoms, then they should self-isolate too. If your self-isolation is purely precautionary and you are not showing symptoms, others living in your house do not need to self-isolate as well. But please follow the self-isolation guidelines on our website. 150 We do not intend to ban mass gatherings, at this time, but we would ask all those who arrange large gatherings of more than 100 people to look carefully at their events and consider the risks that may arise. We all need to consider the risks for ourselves and our people. We are also starting a programme of home working for those parts of the public sector that are able to do so. I know that many companies in the private sector are doing the same. 155 I would like to raise the issue of community. We all have a role to play in this. I am asking everyone to do what they can to look out for one another. If you know a person who is self-isolating, then ask them if they need anything. If we know that there is a vulnerable person
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who lives alone, then ask them if they are okay. A simple phone call can make all the difference. Together we can get through this. But we can only do so if we come together as a community. 160 I am sure we are all aware of panic buying. We have heard stories and seen pictures on social media. I have been assured that there are no shortages of any goods. It is panic buying that will put strain on the supply chain, and already is. By unnecessarily stockpiling, we are compromising the most vulnerable in our community who may not be able to make it to a supermarket to buy the things they need. I would ask everyone to think of others, and ask whether they really do 165 need to buy everything they have in their trolley. My final announcement is perhaps the most significant. Last night I wrote to His Excellency the Lieutenant Governor, advising him that we wish to invoke the powers in the Emergency Powers Act. This will involve a proclamation of emergency by His Excellency. I can confirm that this has now been done. 170 Under our current Emergency Powers Act, we are able to exercise emergency powers only where a proclamation of emergency has been made. I believe there is sufficient risk to the people of this Island that this is the right thing to do. We will require emergency powers in the first instance to postpone both the by-election in Douglas South and the forthcoming local authority elections. We will also put powers in place to enforce the restrictions on those arriving 175 onto the Island that I identified earlier. This is a significant step, but it will give us the ability to respond quickly and effectively to a fast-moving and fluid situation where a fast and positive response is critical. To summarise, we have one opportunity to get this right. We are taking measures that we believe are robust enough to give us the capacity to respond to the most serious cases of 180 coronavirus, but flexible enough to allow us to keep some semblance of normality in our lives. We have not made these decisions lightly, but I believe it is the right thing to do. We have a duty, all of us, to ensure the most vulnerable in our community are protected. We must also preserve the critical care capacity of our health service so we are able to respond to the challenges we will face from the coronavirus. There are likely to be more challenges ahead. 185 We may have to take more decisions in the national interest. I believe the community spirit here in our Island will be the factor that gets us through the coming weeks. We have already seen examples of individuals and organisations showing leadership. We will ensure that we regularly update this Hon. Court and our population through our 190 website and regular ministerial briefings. Mr President, the only place where happiness and success come before work is in the dictionary. We must all work together to ensure the best possible outcome for the people of the Isle of Man. It is who we are and what we do. Three Members: Hear, hear. 195 The President: Thank you, Chief Minister. Hon. Member for Middle, Mr Shimmins.
Mr Shimmins: Thank you, Mr President. I would like to thank the Chief Minister for his 200 Statement and the action which is being taken. Many people will have questions, and I appreciate that he may be unable to answer them all at this time. Will a ‘frequently asked questions and responses’ section be published online and in the newspaper; and will a hotline to a call centre be established?
205 The President: Chief Minister to reply.
The Chief Minister: Thank you, Mr President, and I thank the Hon. Member, my colleague for Middle, Mr Shimmins, for his question.
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Yes, I can confirm that we will be doing the regular frequently asked questions on our 210 website. We are setting up a 111 line for people to ring, which will be announced in the near future. Obviously the Health Minister will be giving a Statement after me, and he will be able to answer any of the more detailed health questions. Then the Treasury Minister will be making a Statement on the policies that the Treasury will be taking forward, in work with the Department 215 for Enterprise, and he will be able to answer the more detailed questions Hon. Members may have on those areas.
The President: Hon. Member for Rushen, Mr Speaker.
220 The Speaker: Thank you. Could I just ask the Chief Minister how we are going to be disseminating this information to those who do not have regular online access; and how often people can expect updates from the Government?
225 The President: Chief Minister.
The Chief Minister: Thank you, Mr President, and I thank the Hon. Mr Speaker for his question. We will be giving statements on a daily basis to all media outlets, as well as updating our 230 Government website on coronavirus on a daily basis, seven days a week. Obviously it will not be me seven days a week, I am sure you will all be glad to hear; it will be a mixture of Ministers and Public Health officials who will be giving advice where we feel it relevant at the time.
The President: Hon. Member for Onchan, Mr Callister. 235 Mr Callister: Thank you, Mr President, and I thank the Chief Minister as well for his Statement this morning. Can he possibly give any more information in respect of how we intend to get passengers from the Airport and from the Sea Terminal to their homes from tomorrow morning? 240 The President: Chief Minister.
The Chief Minister: Thank you, Mr President, and I thank the Hon. Member for his question. Obviously the vast majority of people will have either a car, if they are coming off the boat, or 245 family members to pick them up. The Department of Infrastructure are currently working with the Department of Health and Social Care on a clear pathway for this, and this will be advised, I would hope by the end of today.
The President: Hon. Member for Ayre, Mr Baker. 250 Mr Baker: Thank you very much, Mr President. I would like to ask the Chief Minister, in his Statement he referred to exemptions for critical staff to the requirement for self-isolation on arrival on the Island. Could the Chief Minister share with this Hon. Court what the definition of ‘critical staff’ is likely to be and what the process 255 around that will be? Thank you.
The President: Chief Minister.
260 The Chief Minister: Thank you, Mr President, and I thank the Hon. Member. ______1333 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Critical staff, to me, are medical staff who come over from time to time to fulfil a certain contract and the flight crews on planes. That does not mean to say that they will be able to go around the whole of the Island free, they will have to still follow certain rules and regulations. So, for example, aircraft staff staying overnight, we would expect maybe to go straight to the 265 hotel across the road and then back to work. Obviously this information will be uploaded on to our information site for all people to clearly see.
The President: Hon. Member for Arbory, Malew and Castletown, Mr Moorhouse.
270 Mr Moorhouse: Thank you, Mr President. Your words about the care for the vulnerable were very important, thank you. With regard to special specific advice, is any available for the over-70s; and with regard to self-isolation could any clarity be provided, because there are some inconsistencies –some people can continue to live together but the virus is said to remain alive on surfaces for 72 hours – given the issues 275 facing hotels, could suitable rooms in hotels be considered to be used by the people finding it hard to self-isolate?
The President: Chief Minister to reply.
280 The Chief Minister: Thank you, Mr President. Regarding the over-70s, we have made a statement that they should consider. We are not saying they must stay at home, we are advising that. But equally, if they need to make a journey they need to decide for themselves whether that is the sensible thing to do. It is not just the over-70s, it is people with autoimmune symptoms, it is ladies who are pregnant, they need to 285 just ask that extra question – do I really need to go there? Do I really need to go to the local coffee morning if I have a concern or I am maybe a little bit more frail? Because we obviously have very healthy and fit 70-year-olds, (Laughter) and we have maybe people who do not enjoy the best of health. And obviously I point to my good colleague, friend and neighbour, Mr Robertshaw, who is in that honoured category. 290 Regarding self-isolation, there are clear guidelines that you must follow at home so you can isolate. You can stay away from a loved one by the two metre rule. It is clearly laid out how you should follow that. So if your loved one is showing no signs of the coronavirus then we are advising that you can self-isolate that person by following a clear set of rules, which are clearly identified on the website. 295 Anyone coming to the Island will be given a leaflet advising them of the rules and regulations and where to go online to get greater detail when they come to the Island, and they will be getting advice before they board the plane or the boat as well. If a person shows signs that they have the coronavirus then the whole family must self- isolate. Obviously this is a fluid and fast-moving series of events and should that advice change 300 then we will be making any announcements as we go along, Mr President.
The President: Hon. Member for Ramsey, Mr Hooper.
Mr Hooper: Thank you very much, Mr President, I would like to thank the Chief Minister for 305 some of his reassuring comments. I hope he would agree with me there has been an unprecedented amount of work on the part of the public sector in recent days, and the amount of pressure this must be putting on staff, both frontline staff and those helping keep the lights on and payments being made behind the scenes. I would just like to ask the Chief Minister what support is being put in place to make 310 sure these key critical workers can continue to work in these times of heightened concern and pressure? Thank you. ______1334 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The President: Chief Minister.
315 The Chief Minister: Thank you, Mr President. Can I genuinely thank Mr Hooper, the Hon. Member for Ramsey, for his compassion and thought for our officers who have put an incredible amount of hard work in behind the scenes. (Three Members: Hear, hear.) Obviously we have not just arrived at these decisions; we have been working for a number of weeks now, Mr President, on coming up with a strategy that if a 320 certain level is reached we will be announcing this. We have been doing trial runs of staff working from home, Mr President, so that if there is a problem then work can continue. We have also asked all Departments to look at what they do, the services they provide to the public, Mr President, and decide what is key and what can maybe be held back and not activated for a period of time, so that if there is an outbreak, and if 325 25% to 50% of our staff get the illness, then we can maintain a business as usual operation for the people of the Isle of Man.
The President: Hon. Member, Mr Callister.
330 Mr Callister: Thank you, Mr President. I was wondering if I can ask the Chief Minister and the Government to issue extra advice to the army of grandparents over 70 that look after grandchildren, and will continue to look after grandchildren during this difficult period?
335 The President: Chief Minister.
The Chief Minister: Thank you, Mr President. As I have already said, we will be putting more updates on our website as we go along. The over-70s are advised to really give serious thought to where they go and who they meet, 340 obviously without breaking down the Island way of life. I think because we have put the measures in of the isolation and we do not have any cases, we are hopeful that we can maintain, wherever possible, a normal daily routine on the Island. However, we will be giving updates as we go along and should the situation for the over-70s – and as I say, it is not just the over-70s, Mr President – it is people with autoimmune illnesses 345 who have a medical condition that may make them more susceptible and with more serious consequences, and pregnant women, that they should think clearly about who they meet, and people going to visit should always make sure they wash their hands before they go to visit anyone and when they come back they wash their hands. Carrying out the basics – the coughing, etc. and making sure you use a handkerchief; and 350 then you throw the handkerchief in the bin; these are all sensible precautions which will help stop and slow down the spread of coronavirus.
The President: Now, Hon. Members, I have three more Hon. Members to take, and then I intend to move to the Statement from the Minister for Health and Minister for Treasury. 355 Hon. Member for Onchan, Ms Edge.
Ms Edge: Thank you, Mr President, and I too thank the Chief Minister and CoMin for taking some serious actions for the Island. I hope the Chief Minister agrees with me the media play an important role in this with regard 360 to our vulnerable who are isolated at home already. And consideration I feel needs to be given to sensitive headlines for our elderly and vulnerable who are most in fear of this. I would also like to ask the Chief Minister, a number of over-70s who are self-isolating now, do only have small amounts of cash because their benefits are paid into banks. Has the Council of Ministers considered these people, if people are supporting them and getting supplies to ______1335 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
365 them how they are going to pay for these goods? I think it is something we need to consider if it has not been considered already. Also, I am concerned that a number of people are already on-Island on holiday; they arrived last night or arrived early this morning. Is there any action being taken for these people to protect them as well to be able to get home in a more expedient manner? 370 Thank you, Mr President.
The President: Chief Minister.
The Chief Minister: Thank you, Mr President, there are a number of points there that the 375 Hon. Member has raised. Yes, I would hope that the media do produce sensitive headlines, I have not seen any examples yet where I have felt annoyed that they have maybe been hyping it up, so I would commend the members of the press and ladies of the press for their reporting to date. Obviously we will be giving advice on a regular basis to all people. And the gathering of 380 supplies from neighbours, for example, logic would say that if you go to buy something for a neighbour you could tell them how much it is, you leave the food on the doorstep, they leave maybe an envelope there for getting of money for them. These are things that we will obviously look into and give advice. On the website we have a designated area with designated officers and with designated 385 numbers where we will be directing the way forward for the Island and obviously all these views and thoughts will be assimilated and put out to the public. And, as I have said in my earlier speech, we will be giving regular updates to this Hon. Court and the public through numerous media interviews.
390 The President: Hon. Member for Douglas East, Mrs Barber.
Mrs Barber: Thank you, Mr President, and I would like to echo the thanks to the Chief Minister and also to those frontline staff. I wonder if he could just advise whether those children who are in our schools – I appreciate 395 we are keeping schools open – those children who are immunocompromised who are at health risks, can he confirm that there will be no sanctions taken against the parents where they have chosen to keep them out of school because they have felt it is in the best interest of their child? And also whether he can confirm what process we are taking to remove people from frontline services wherein they also are immunocompromised or they are in high-risk groups? 400 Thank you.
The President: Chief Minister.
The Chief Minister: Thank you, Mr President. 405 I think we are getting into the more technical Health Minister side on some of it; obviously the Hon. Member does work there. I will commit to ensuring that if parents feel they have a child who is autoimmune or they are concerned about their child’s health that obviously no penalties will be taken against the parents for taking their children home. 410 While I am thinking on, I forgot to answer a comment that the Hon. Member for Onchan, Ms Edge, raised regarding coach parties and people who are already on the Island. Obviously a line had to be drawn somewhere. No matter what you are doing, if you announce something starting from a certain date it starts from a certain date, and therefore for people who have come before that date then obviously we are not going to say retrospectively you have got to 415 leave the Island, but we will be ensuring that we speak to where they are staying to advise them of the measures that the Island is taking, and make them aware that if they show any symptoms ______1336 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
of the illness what we on the Isle of Man expect them to comply with. So I apologise for not answering that important part of the Hon. Member’s questions. The answer is, yes, regarding staff etc. working in the health service, I think that is more of a 420 comment I would hope my hon. colleague, the Health Minister, will answer in his summing up.
The President: Can we take the final question to the Chief Minister, Mr Speaker.
The Speaker: Thank you. 425 Again, it might be one for the Health Minister, but can the Chief Minister clarify whether patients returning from scheduled care in the United Kingdom hospitals will be required to self- isolate for 14 days from midnight tonight?
The President: Chief Minister. 430 The Chief Minister: Thank you, Mr President. The answer is yes, they will. However, the Department of Health and Social Care is reviewing the list of people who need to travel, deciding whether it is necessary for them to travel. There are certain individuals who will need to travel across, they will be expected to self-isolate but if 435 they then need to go back within a certain period of time obviously we cannot have them missing that, but there will be strict rules to follow, and I am sure my hon. friend and colleague, Mr Ashford, will expand on that further.
The President: Thank you, Hon. Members.
COVID-19 – Statement by the Minister for Health and Social Care
440 The President: Thank you, Hon. Members. I now ask the Hon. Member for South Douglas, Mr Ashford, Minister for Health, to make his Statement.
The Minister for Health and Social Care (Mr Ashford): Thank you, Mr President. 445 I stand before this Hon. Court today in response to the coronavirus, or COVID-19, public health threat we face. We must all play our part to protect each other, our families and our Island’s community. Can I start by thanking Hon. Members for the support and commitment that all Hon. Members have given to stand firm and ensure that we have shown a united position on this in 450 order to support our population. The actions announced yesterday seek to protect the most vulnerable in our society, provide a safe Island and also preserve and protect our Health Service, on which we all depend. The Department has been preparing the Isle of Man response for a number of months now in relation to COVID-19 and will continue to be at the heart of our cross-Government response for 455 many months to come, not least right at the forefront of care delivery as we move into the critical phases of this unprecedented worldwide situation. As a Department, we have, until the last few days, followed Public Health England advice throughout because that has been the sensible thing to do. However, with the changing position in our near neighbours, I believe it is now the correct approach for us to vary our advice in the 460 best interests of our wider Island community. We will, of course, continue to monitor public health advice and developments elsewhere, but the actions we decide on may well not always be aligned with that advice elsewhere. Working with our clinical and managerial operational ______1337 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
leaders, we have enacted a suite of decisions and future options in order to best prepare the Isle of Man for what will be the inevitable COVID-19 cases that will occur. 465 By way of background, Hon. Members will all be aware that coronaviruses of this type are common across the world. Most are like a common cold; some types are more severe, for example SARS and MERS. This new virus causing COVID-19 emerged in Wuhan, China in December 2019. Now more than 142,000 people have been infected and 5,300 deaths across 100 countries have resulted. Symptoms include fever and a cough that may progress to severe 470 pneumonia, causing shortness of breath and breathing difficulties. The current evidence from around the world is that most cases of COVID-19 appear to be mild; currently 94% of all active cases worldwide are classified as such. Severe symptoms are more likely in people with weakened immune systems, older people and those with long-term conditions like diabetes, cancer and chronic lung disease. 475 In order to combat and respond to this threat, the Department is seeking to do the following. The first part of the strategy is to contain – to detect early cases, follow up close contacts and prevent disease taking hold on Island for as long as reasonably possible. The other thing we are looking to do, where there will be inevitable cases, is to delay – to slow the spread of the virus on Island, again through contacting individuals and self-isolation. 480 That way it will lower the peak impact and push it away from the winter season when the NHS is already stretched. We also, of course, continue to look at research as well and incorporate new developments into our response as they become available. This may well include new diagnostics, drugs and vaccines, and I will, of course, keep this Hon. Court updated as and when any developments in 485 that area occur. We are also looking to mitigate and provide best possible care and support to people who do become ill, support Noble’s to maintain essential services, working across Government to minimise the overall impact on society, public services and the economy as a whole. Throughout the now pandemic situation, the main approach has been and will continue to be 490 to support respiratory hygiene, hand washing and social distancing. This will continue to be important, ultimately aiming to slow transmission to reduce the impact on the NHS, the public services, the economy and wider society. In terms of our response going forward, Mr President, I have several announcements to make to the Hon. Court. 495 Firstly – and the Chief Minister beat me to it, due to one of the questions he got – we are developing a hotline equivalent to the NHS 111 line. This is going to be available very shortly and there will be further announcements shortly in relation to that, which will allow us to have a triage situation where people no longer have to contact their GPs and MEDs. Services are being prioritised and many Hon. Members may already have heard that we are, 500 with effect from today, ending elected surgery to allow time for staff to be retrained to meet the expected demands around COVID-19. This is a sensible precaution to take. I know it will cause great upset and distress to some people who have been waiting for elective surgery for some time, but it is important that we plan that if there is an outbreak on Island we have appropriate staff trained up to be able to cope with that. 505 Changes are being made in the emergency department as well to create relevant isolation areas, so MEDs will be moving out of their area at Noble’s and into Palatine and the area that is currently MEDs will be turning into the isolation area for the emergency department should anyone present there, although I must emphasise again to the public that should they be showing symptoms they should not attend their GP and they should not attend the Hospital; 510 they should instead actually either call their GP or MEDs – or, once the hotline is live, that number – to seek advice. With effect from 18th March, anyone suffering from minor injuries, instead of attending the emergency department at Noble’s, will be asked to attend at Ramsey and District Cottage
______1338 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Hospital Minor Injury Unit to stop the mass flow into ED. Obviously Ramsey only opens certain 515 hours; it will be during those hours of opening that we will be asking people to do this. Estates work is under way, or in the process of planning, in order to create additional isolation side-bays or decant spaces. We are also assessing all patients who are in Noble’s, who are medically fit, being prioritised for discharge. In this case, we believe there may be up to 50 patients we can either discharge or, if necessary, transfer to Ramsey and the step-down 520 facility. We are also looking at the delivery of virtual clinics across all services and these are being developed as quickly as possible, particularly in relation to outpatients and primary care, and we are also working with our third-party tertiary hospitals in the UK to see if many of what are now patient transfers can actually be done via these virtual clinics as well. 525 We also have plans being put in place to support the most vulnerable in our society who are living alone or in nursing/care homes. We have been speaking to the voluntary sector and we will also be repurposing staff in non-emergency areas in order to help cover this. Workforce modelling is being undertaken, in line with the changes being made around clinical service prioritisation, but also to create the relevant contingency planning around the 530 nursing establishment to make sure we have the right people in the right roles being able to cope, should cases emerge. We are also building a network of external support, volunteers and recently retired personnel, in order to support what we are doing. The other announcement I have to make today, Mr President, is that, as Hon. Members will be aware, we are currently redeveloping the Private Patients Unit to be reopened in June. As 535 Minister, I have taken the decision to put that development on hold. As many Hon. Members will be aware, the Private Patients Unit has a large number of individual rooms and I have therefore taken the decision that that is much more important in our COVID-19 planning. That is not to say the entire thing is on hold. We will be continuing to go out to seek a third party to help deliver our private patients offering in the future, but for now we will not be meeting the 540 June date because we will be needing that facility in the potential for any outbreak. As a Department, there are a significant number of risks to manage and that will continue to be the case over forthcoming months. I will update this Hon. Court as and when required. Despite the rumours that are out there, Mr President, I can confirm yet again that there currently remain no confirmed cases of COVID-19 in the Isle of Man, and despite the UK’s 545 decision to halt testing outside hospitals, here in the Isle of Man we will be continuing with testing in the community. I also need to be clear on self-isolation. As the Chief Minister has already stated in his Statement, guidance notes will be available for individuals on the process, but the key point I need to get across is that if you need to self-isolate, you stay at home. Walking the dog, going 550 shopping or going for long walks, as I have seen suggested by some people last night as being acceptable, are not acceptable. That is not self-isolating. Anyone required to self-isolate must stay at home for the 14-day period. That is the key message. Can I also echo the Chief Minister’s comments around panic buying. There is absolutely no need for panic buying as all of the supermarkets, both on the Island and in the UK, have made 555 absolutely clear that the supply routes remain strong, they continue to deliver in the same way as they previously have and there is no risk in terms of supplying the Island. All that panic buying is doing is exposing the most vulnerable in our society on fixed incomes to not being able to get their key essentials, particularly around ordinary day-to-day medicines like paracetamol and even the children’s medicine Calpol. So I would urge everyone to actually think about what they 560 are doing in that regard. We are a strong community and by pulling together and actually considering each other we will get through this, just as we have with previous situations. There is no need for anyone to be stockpiling. Also, Mr President, in relation to travel, the key advice is that there should be nothing but essential travel on to or off Island. That is exactly what we are advising and again I echo the 565 Chief Minister in that. ______1339 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
In relation to COVID-19, the number of secondary infections generated from one infected individual is currently understood to be between two and 2.5 other individuals, higher than that for influenza. That is why the firm action that we have taken was needed. DHSC will manage the patients and do everything it can to reduce transmission, but public 570 control measures such as those unveiled yesterday are the only way to make some difference in managing the impact of the virus. That is why the Chief Minister made the announcements that he did yesterday, and in making these decisions we have been listening to our scientific, clinical and leadership advice. The actions clearly affect all of our daily lives. Many may seem tough and will have impact for many of our population, but by taking these tough decisions now we will 575 ultimately save lives. I would like to thank all of those hardworking and dedicated staff across our Health Services who have had even more pressure than normal on their shoulders over the last few weeks. As always, not only have they stepped up to the mark but crossed over it. I would like to thank them for their continued dedication. I hope that all Members of this Hon. Court will continue to 580 support us in ensuring the safety, security and well-being of our Island.
Several Members: Hear, hear.
The President: Thank you, Minister. 585 Hon. Member for Onchan, Mr Callister.
Mr Callister: Thank you, Mr President. I thank the Health Minister for his very strong Statement this morning. Can I ask the Minister how many people travel to the UK for hospital treatment on a regular basis – say, a 14-to-21 day 590 period – and should we therefore be considering obtaining accommodation in the UK in order to keep isolating those patients when they keep coming back to the Isle of Man?
The President: Minister to reply.
595 The Minister: Thank you, Mr President. The key point in relation to that, which was a key point in the Statement, is we are assessing all patients currently travelling over because – and I think I have mentioned it in this Hon. Court before – there are many patients who actually travel over to the UK to be seen by a consultant, simply to be asked ‘How are you?’ and then basically sent back. Those people, I need to 600 emphasise, will not now be travelling. We will be looking for other solutions, virtual solutions, in order to stop that. So, when we say ‘non-essential travel’, that will be in relation to patient transfer as well. In terms of those people going over for cancer treatment and other sorts of treatment, it will be looked at on a case-by-case basis. Some, for instance, will receive more regular treatment 605 than others. If you have people who are having treatment after treatment, it may be sensible for a long-term stay in the UK for that treatment. For those who are coming backwards and forwards, they may need to self-isolate coming back if it is less regular treatment. It will be done on a case-by-case basis with Patient Transfer, but the key thing that we are looking to do is get more out-patients’ appointments on Island and also virtual. 610 The President: Mr Callister, I will allow one supplementary question.
Mr Callister: Thank you, Mr President. Can I ask the Health Minister: are we now testing everybody who dies on the Island? And, if 615 we are, when did that process start?
The President: Minister to reply. ______1340 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The Minister: Thank you, Mr President. I am not aware of a single one of the 155 jurisdictions that have had infections that are doing 620 that, and the answer is no.
The President: Hon. Member for Rushen, Mr Speaker.
The Speaker: Thank you. 625 Can I ask the Minister how self-isolation will be enforced and under what powers; and whether people will be asked to register that they are self-isolating so that the Department can track the numbers and track the data, and how that will work?
The President: Minister. 630 The Minister: Thank you, Mr President. In relation to the self-isolation, the Governor has made a relevant proclamation yesterday, under the relevant Act. Off that, regulations will flow that will allow for the prosecution of people who do not abide by self-isolation. 635 I will state very clearly to this Hon. Court, Mr President, this is a serious matter. This is not something that is being done lightly, and anyone who flouts it, and is caught flouting it, there will be appropriate action taken against them. In relation to the second half of Mr Speaker’s question, the Department is looking at ways of people registering to be able to say they are self-isolating. This will involve, obviously, the phone 640 line we are setting up. But also I have asked for web-based solutions to be able to be developed as well, because it should not be without the wit of us being able to have a drop-down form that someone can submit so that we can keep track of where people are self-isolating around the Island; and that is also key, Mr President – without me wittering on any longer – in order to ensure that we can identify any cluster groups as well as to where things might be developing. 645 The President: Hon. Member of Council, Mrs Lord-Brennan.
Mrs Lord-Brennan: Thank you, Mr President. The Minister rightly refers to cross-Government responses. Will he commit to ensuring, 650 across Government, timely, accurate, clear and consistent communication on social media, acknowledging that many people are simply not going to watch the interviews? Some people are not going to know, or indeed go to a website, and it is concerning that Government communication has been patchy. The last post on Twitter, for example, from Public Health, was three days ago. 655 Will he commit to improving these communications on social media for the public? Thank you.
The President: Minister to reply.
660 The Minister: Thank you, Mr President. Social media can be a very good tool, when used correctly. And most definitely the Comms Division of Government is taking everything centrally, and it is a Government-wide response. The National Strategy Group is meeting daily now in order that we can actually get that response together. 665 The Hon. Member of Council will have also seen, Mr President, the way we rolled out yesterday the press conference etc., we are planning to do more on that. But definitely social media and getting the message out there is important. Unfortunately there will always still be people who will not believe that message, or will not listen to that message, but we can but try. ______1341 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
670 The President: Hon. Member for Middle, Mr Shimmins.
Mr Shimmins: Thank you, Mr President, and I thank the Minister for his Statement. What equipment is in place to protect health care professionals and also the other personnel in our emergency services? 675 The President: Minister to reply.
The Minister: Thank you, Mr President. In relation to the question, I assume the Hon. Member for Middle is referring to personal 680 protective equipment, such as the suits, etc. In terms of this, this is why we have a very clear line in terms of testing: that people should not present to hospitals and they should not present to GP surgeries. They should ring, and then we will arrange the testing at an appropriate place. In relation to the PPE directly, the stocks are controlled by the NHS supply chain. We are actually in a better position than the Channel Islands that are not a member of NHS supply, in 685 the fact we can source the equipment there. The supply, as you would expect, is being controlled, so it is not just going to be issued generally, it will be issued dependent upon the situation. The situation in the Island at the moment is we have no confirmed cases, so there is limited supply, but obviously if the situation changes then that will change as well.
690 The President: One supplementary question, Mr Shimmins.
Mr Shimmins: Thank you, Mr President. I would like to ask the Minister will the Acting Chief Executive for the Department be located full-time on the Island in our time of need? 695 A Member: Hear, hear.
The President: Minister.
700 The Minister: Thank you, Mr President. Actually, the responsible officer for leading this is the Chief Operating Officer, because the Chief Operating Officer is the person that ties together the Hospital Services and the Community Services, and the Chief Operating Officer is based on-Island.
705 The President: Hon. Member for Ramsey, Mr Hooper.
Mr Hooper: Thank you very much, Mr President. I have two questions for the Minister: the first one is he mentioned community testing that is going to be carried out on the Island – can he just provide some information on what that 710 means? The reason I ask this is that he has indicated it might just be people that have symptoms. I have been contacted by a number of people who care for elderly relatives and are concerned about not being tested themselves before actually going to care. So is there some guidance that is going to be issued? And what does community testing really mean? 715 The second question I have is a hotline has been mentioned about triaging cases. Is there going to be some support in place to help GPs triage within their own practices, within their own surgeries, to make sure that only people that need to be seen are being seen, and that people are not ending up being sat in waiting rooms when they do not need to be? So two questions, thank you. 720 The President: Minister to reply. ______1342 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The Minister: Thank you, Mr President. In relation to community testing; community testing the most vulnerable individuals in our society so people, for instance, who are feeling exceptionally ill, they are a bit more elderly, 725 those with mobility problems, they will be tested in their own homes. There is going to be an announcement later this week around us actually having community testing points, but they will only be for people who have been advised to go to those points, and we need to make that absolutely clear. In terms of testing, it will be those showing symptoms, the guidance on that is very clear. The 730 reason being, if you just have people randomly turning up to be tested then what will happen is the entire system will backlog and fall over, and those who are most in need of testing will not be able to get the tests processed in a quick enough timescale. I would also point out, as has been shown in several other jurisdictions, that just randomly testing or people just presenting does not work, because they might not be infected on the 735 Monday, but after contact with people on Tuesday and Wednesday, they might be, and that test might come back clear, and that then gives them a false sense of security that they are not infected, so we need to do it on a symptomatic basis. In relation to GPs and triaging, we will be saying – once the helpline is up – anything in relation to this should go through the helpline, so people should not be at that point ringing the 740 GPs or MEDS. The GPs and MEDS is the phone number now until that hotline is in place, but once it is, the GP surgeries, for anyone ringing up about COVID-19, will be redirecting them to the hotline.
The President: Hon. Member of Council, Mr Henderson. 745 Mr Henderson: Gura mie eu, Eaghtyrane. I have got a couple of questions: the first one is to reiterate Mr Shimmins’ question, Hon. Member for Middle, can you confirm that in fact the CEO for the DHSC will be brought back to the Isle of Man to lead the Department? If the Chief Operating Officer is leading the Department 750 here then we need to review the CEO post in time then. Importantly, health safety for our residential and nursing homes – will he agree now that there should be a policy and procedure in place for residential nursing homes, both Government and private, for relatives visiting these establishments? Where there are clear hygiene rules in place before they actually enter the building or for self-isolation and quarantine purposes before 755 they go near the establishment. And especially for those relatives in the last 24-48 hours who have returned to the UK via Europe, who are intending to return to the Island today before a cut-off point, who have relatives in our homes. We need some clear guidance there because they have been in areas – it has been brought to my attention – where coronavirus is at large, I will put it like that. 760 It is very serious, Minister, meant with the gravity it is put; if you could commit to that I would be very grateful.
The President: Minister to reply.
765 The Minister: Thank you, Mr President I will raise the CEO post first; I think there seems to be a misunderstanding about what the CEO post is. It is a strategic post, in terms of the CEO, across the whole Department. Delivery on the ground and the combining up of services is the role of the Chief Operating Officer. The Chief Operating Officer, which used to be formerly Director of Hospitals and Head of 770 Community Division, they are responsible for co-ordinating the response and ensuring it is delivered on the ground. That is the role that is absolutely crucial in joining this together, and that the Chief Operating Officer is based on-Island.
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In relation to residential and nursing homes; the Department has already been out in contact with the residential and nursing homes, we have already been speaking to them, both around 775 the hand hygiene situation and also if they would wish to actually curtail visiting hours etc. At the moment, the feeling is that that is not necessarily necessary at this point in time, but it is something that again may well change. But we have been issuing advice to the nursing homes and we will continue to do so, and keep them up to date on any evolving situation as well.
780 The President: Hon. Member of Council, Miss August-Hanson.
Miss August-Hanson: Thank you, Mr President. I would just like to repeat the question asked by the Hon. Member for Douglas East, Mrs Barber, earlier in the sitting. Will immunocompromised healthcare staff, particularly those 785 working in the ICU, be asked to leave, to go home? And just connected to that, have we tried to identify additional aid across the Island, should we need it – people that have worked formerly as health care professionals holding up-to-date qualifications, for those who have experience but no up-to-date qualifications, also a list of those with experience that might take on some assisted form of role for extra health support? 790 Thank you, Mr President.
The President: Reply, sir.
The Minister: Thank you, Mr President. 795 Can I thank the Hon. Member of Council for reminding about the Hon. Member for Douglas East’s point, because I did mean to say that at the very start, when I started answering questions. In relation to immunotherapy compromised individuals, what we will look at is if we can repurpose them into another role, should an outbreak occur. If we cannot, then the decision would be taken to remove them from the workplace because obviously, as the Department of 800 Health, we are not wanting to be putting people in a position where we are endangering their health, that is quite clear. In relation to the second half of the question, Mr President, there can be a nice simple yes, and I mentioned it in my Statement.
805 The President: Hon. Member for Douglas South, Miss Costain.
Miss Costain: Thank you, Mr President. Firstly, I would like to thank the Minister for all the information that he has given to us and congratulate the Department as a whole on all the work that has gone into this. 810 I do have a couple of queries that I hope he will be able to answer for me: the first is regarding self-isolation. Now, we have a heard a lot about it today, we have read a lot about it in the press releases and watched it on social media etc., but there is still a lot of confusion in the public about the different types of self-isolation. Because they hear self-isolation and then they read something that actually does not refer to 815 the type of isolation that they are thinking of. For example, somebody coming to the Island who has got not symptoms – well, everybody coming to the Island with symptoms or not – has got to self-isolate. But then you have the over-70s, and the groups who are more vulnerable, they are being advised to self-isolate, and people are saying, well, does the 14 days apply to them? We know what we are talking about – but the public do not know what we are talking about 820 because it is all referred to as ‘self-isolation’, where there are various different types of self- isolation. So I would ask the Minister if he would just take that concern on board and make sure that it is very clear and very clearly laid out for the public, so they understand the different types of self-isolation and the rules that go with each type. ______1344 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
825 Also he mentioned – and I had a query about this very recently – about walking the dogs. Somebody over 70 who is self-isolating is being told they have to stay in their own home, even if it means not walking the dog, I think he said it when he was giving his opening speech. As we know, not everybody who is over 70 is infirm who has dogs, and even if they do not, they want to go out, they want to get some fresh air, and that is actually healthy for them, and a lot of 830 them are healthy. So what advice will they be issuing to the people who fall into the vulnerable group, or the over-70s group? What advice will he be giving them to stay healthy if they have to stay indoors for a considerable time? And my final question, again reiterating some of the other peoples’ concerns about the Chief Operating Officer, what qualifications or experience has the Chief Operating Officer had at the 835 strategic level, which he says is what she is doing, and what qualifications does she have that enable her to fulfil that strategic level role without the full-time support of the Chief Executive Officer? Thank you.
840 The President: I am conscious of the intense interest of Members in this whole issue. We have quite a lot of business; we have still got the Treasury Minister to hear from. If we could keep supplementary questions short please, from this point. Minister to reply.
845 The Minister: Thank you. In that mode, Mr President, I will try and keep my answer short as well, or shorter than I normally do. Taking the last point first, the Chief Operating Officer still has the full support of the Chief Executive Officer of the Department, that is no different. The Chief Executive Officer is working 850 as normal. In relation to the qualifications of the Chief Operating Officer; rather handily, the Hon. Member for Douglas South put a Written Question in, I think it was to last month’s Tynwald, and she will find the list of all the various qualifications there. In relation to self-isolation, Mr President, this needs to be absolutely clear: when someone 855 self-isolates that means they stay at home. In terms of the over-70s, what is being advised is that those who feel they might be in a compromised position, or are nervous about their current situation, that if they wish to self-isolate they can do. It is not a firm thing for us saying they must self-isolate. What we are advising for the over-70s is something called ‘social-distancing’ which is where, if they decide 860 they do not want to stay at home and they want to go out, what they should be doing is ensuring that they consider do they really want to go to mass gatherings, to crowded places, and do they want to have close contact with people who might pass the virus to them? That is what is being recommended for the over-70s, and there will be guidance being issued on that. The self-isolation applies to those coming into the Island, and that is a strict process, 865 self-isolation. It means you stay at home for those 14 days.
The President: Hon. Member for Garff, Mrs Caine.
Mrs Caine: Thank you, Mr President. 870 I will be brief, but I do wish to say I also congratulate the Council of Ministers for the policies they have brought forward and for the action they are taking for the benefit of the whole community. My question for the Health Minister is in light of the fear … I think it is welcome to have the distinction between social-distancing and self-isolation, but he has said it is an inevitability that 875 there will be a case of coronavirus on the Isle of Man and the fear factor is the rate of infection and the number of known contacts. Can he give any figures for the capacity at the Hospital in ______1345 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
terms of ICU, in terms of ventilators? He mentioned the private wing as well: given apparently the small percentage of people who are at risk of this infection, it can take several weeks to recover from it, can he give us any numbers of how well geared up we are to meet that need? 880 The President: Minister to reply.
The Minister: Thank you, Mr President. We are in the process of actually expanding it. One of the things that needs to be made clear 885 about this particular virus, COVID-19, Mr President, is there is an assumption that everyone who goes into hospital will require a ventilator or ICU treatment, but that is not the case. There are people who simply need general medical treatment and isolation in hospital, so we are gearing up both. That is the reason why I have made the announcement in relation to the Private Patients Unit. 890 One of the key things we are looking to do – and this is why we are varied from our advice from that of Public Health England – is where small jurisdictions have had the infection they have been most responsive and able to actually get ahead of this, because in a small jurisdiction it is easier to do the trace back. Once someone has contracted it and you say to them, ‘who have you been in touch with over the last few days?’ It is a lot easier to trace back and isolate those 895 individuals than, say, someone in London, who turns round and says, ‘Well, I was on the tube this morning, I went into Costa, it was really quiet, there were only 70 people in there.’ It is a lot easier to do. That is where small jurisdictions have been able to handle this better than large jurisdictions and that is why we have varied our approach and we are actually looking to continue our 900 community testing.
The President: Hon. Member for Ayre and Michael, Mr Baker.
Mr Baker: Thank you, Mr President. 905 I would like to thank the Minister for clarifying the difference between self-isolation and social distancing which I think is really, really important. Two quick ones from me. Communications is far more than just social media. Would he agree that we need a comprehensive, clear and accessible-to-all communications strategy around this; and that whilst not everybody reads newspapers or watches videos, equally not everybody 910 accesses social media? Secondly, can he just expand upon the definition of ‘critical staff’? The Chief Minister very helpfully talked about medical and flight crew, for example, but there may be other roles where it is actually in the strategic national interest for individuals to be able to come in and out of the Island quite quickly. I am thinking, for example, if there was a need for some critical 915 maintenance at the Power Station or some crucial work on the hospital equipment. Clearly in the national interest there needs to be those skills brought to the Island and there needs to be a process around that. I appreciate you have got to keep it quite tight but there needs to be some flexibility as well. Could you clarify please? 920 The President: Reply, sir.
The Minister: Thank you, Mr President. Again, taking the last point first, as the Hon. Member for Ayre and Michael stated quite 925 clearly, it is likely the situation will be fluid. So the regulations that will flow off the proclamation made by the Governor will be drafted in such a way that, as the situation changes, it can easily be amended – what the definition of a ‘key worker’ is. There may well be things at the moment that would not necessarily classify as a key worker that may change if the situation develops. For ______1346 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
the time being we are looking mainly around the flight crews, the boat crews and obviously key 930 medical workers, as the Chief Minister laid out in relation to oncologists and so on visiting the Island. But, as I say, that situation could change and there will be the ability in those regulations to allow for the key workers to be added to, should it be required. In relation to communications strategy, I fully agree, Mr President. I love communications; the amount of times I have mentioned it in this Hon. Court! It is important that we have a proper 935 communications strategy across all sorts of mediums, and that is exactly why this is a whole Government response and the Comms Division will be co-ordinating that response across all the Government Departments. Joined-up Government, Mr President.
940 The President: Mr Speaker.
The Speaker: Thank you, Mr President. Can I ask what the current advice is regarding people visiting friends and relatives in hospital? And what the advice is regarding community health facilities? I think the Minister did mention it 945 in passing, but in terms of District Nurse contact, and people going to the dentist and these sorts of contacts in the community. Can you give us the latest advice on that? The second part of the question is, because I think I am only going to get one shot at this: how many cases is the Isle of Man good to take before actually things escalate our controls, just so that people can know what to expect? If we are talking about this as an inevitability of a case 950 coming, what would that escalation look like and at what point would that be triggered? I would just leave that question with the Minister for perhaps not answering now, but preparing people for the future.
The President: Minister to reply. 955 The Minister: Thank you very much, Mr President. Firstly, in terms of hospital, we are looking at our visiting hours around the hospitals and we will be restricting back the visiting hours. In relation to the visiting services, at the moment the visiting services will continue as is, the only issue will be obviously if you have got someone self- 960 isolating, then that will have an impact and we will have to look at how we manage that depending upon the individual case that comes forward. In relation to when we will escalate our controls, that will depend on how many cases. It is not a fixed number, Mr President, because it will depend on what we are seeing. If we are seeing one or two individuals and we are not seeing human-to-human transmission, then that is a very 965 different situation to say even if we have got 10 or 12 cases of human-to-human transmission. So that will be a clinical judgement, Mr President, it will not be a political judgement from me. That will be taken by our clinicians on the ground.
The President: Hon. Member for Onchan, Ms Edge. 970 Ms Edge: Thank you, Mr President; and I thank the Health Minister for his helpful advice this morning. I have got a number of questions which either have been raised or they have come to light this morning from what the Minister has said. Is there an agreement in place with the UK 975 hospitals for critical care outside of coronavirus? Virtual clinics that the Minister mentioned, which is great, and the Hon. Member of Council, Mr Henderson mentioned nursing homes and residential homes, but we have a number of sheltered accommodations where people do not have access to broadband. I wonder whether there has been any consideration with the broadband providers to get access to some of these 980 areas. ______1347 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Also, could he just clarify on the Private Patients Unit? Is the work continuing so it can be used as an isolation unit? I was not quite clear on that. Can he advise: will the Public Health Director be back on Island? Will she be going into isolation if she has been off Island? Is it correct that she is not available at the present time? 985 Also, who is the Deputy CEO; and if it is the Chief Operating Officer, who is the next person in line? Thank you, Mr President.
The President: Minister to reply. 990 The Minister: Thank you, Mr President. Again, taking the last point first. In terms of the Deputy CEO, there are several deputy CEOs split across their different responsibilities. In terms of this it would rest with the Chief Operating Officer because this involves the hospital and involves the community services; and below the 995 Chief Operating Officer it will be the Deputy Chief Operating Officer, Mr President. In relation to critical care: yes, at the moment our situation in relation to critical care remains that we will still continue, if necessary, to transfer people into the UK. Obviously their health service, depending on which way this goes, may come under strain so we may have to look at what we are doing on Island and change accordingly as to how we can accommodate those 1000 people on Island if necessary. In terms of virtual clinics: yes, we are looking to do more on that, as I stated in my Statement. And in relation to nursing homes we will be looking, wherever possible, to work with businesses on the Island. We have some very innovative technological businesses over here. We are very lucky to have that as part of our economy and we will be looking to work with them. 1005 The President: One supplementary, Ms Edge.
Ms Edge: Thank you, Mr President. I feel it is an important one. A number of our elderly people are not able to get to testing centres. Can the Minister 1010 confirm what will happen in those scenarios?
The President: Minister.
The Minister: Thank you, Mr President. 1015 As I confirmed in the answer to the Hon. Member for Ramsey, Mr Hooper, for anyone who is vulnerable we will actually go out and test them in their home.
The President: Hon. Member, Mr Moorhouse.
1020 Mr Moorhouse: Thank you, Mr President. Would it be possible to look at the possibility of finding suitable accommodation for people who currently have no suitable place to self-isolate? And possibly for the vulnerable who fear being left alone due to underlying conditions and other issues?
1025 The President: Minister.
The Minister: Thank you, Mr President. I am not quite sure what the Hon. Member would refer to as ‘suitable accommodation’. We are working with the voluntary sector to identify vulnerable people and actually put support 1030 packages in place, so in the event that this happens there are groups and voluntary organisations that will go out and check on them to make sure they are all right.
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In relation to people not having appropriate places to self-isolate, as the advice is across most jurisdictions, Mr President, people can simply self-isolate at home.
1035 The President: I will allow one supplementary, Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President. Could the hotels be considered as suitable accommodation, given the pressure they are going to be under? 1040 The President: Minister.
The Minister: Mr President, at the moment there is no reason people cannot self-isolate at home. That is the medical advice. 1045 The President: Hon. Member for Ramsey, Mr Hooper.
Mr Hooper: Thank you very much, Mr President. I think the Minister has maybe touched on this. He has talked a lot about health care and a 1050 lot about critical care but I am not hearing a lot about social care, the other aspect of his Department. I would like to get some reassurance that there is some work ongoing to make sure that people who are self-isolating and who require the support of the social care system will be able to access it. He mentioned engagement with voluntary agencies. That sounds like a very sensible step. I 1055 would just like a bit more information on this; and also if he will be issuing some guidance for those who are caring for family members?
The President: Minister to reply.
1060 The Minister: Thank you, Mr President. Most certainly, there will be guidance in relation to family members and those caring for those who might need to self-isolate. In relation to social care, yes, it is the other half of my brief and it is one I am very proud to have. I go to pains to point out that I am Minister for Health and Social Care when people try and 1065 call me Minister for Health. In relation to social care we are not just working with the voluntary sector, and I apologise that the Statement came so late that Members could not have a copy circulated to them. But I did state in the Statement that we were also looking at repurposing non-emergency staff and they will form part of that response as well.
1070 The President: I have two final questions to be posed and then we move on. Hon. Member, Mrs Lord-Brennan.
Mrs Lord-Brennan: Thank you, Mr President. Just to build very briefly on the points made about social isolation and not leaving the home 1075 at all, when it comes to it in guidance or regulations or whatever direction we will be giving will the Minister consider that in the round? Actually I think there is other advice, perhaps from the UK, that is indicating if you are going out either to take exercise or get fresh air, as long as you are keeping away from other people that would be okay. I would welcome any further thoughts on that because I think there has to be an element of 1080 personal responsibility around all of this and it might be more harmful just to tell people they cannot get outside at all. Thank you.
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The President: Minister. 1085 The Minister: Thank you, Mr President. In relation to the UK guidance my understanding is they are referring to individuals’ gardens that are attached to their homes, so they can go out and use the garden ensuring they are not compromising anyone else. But unless it has radically changed today the UK guidance is exactly 1090 the same as ours in terms of self-isolation, as are most jurisdictions around the world. Self-isolation is literally that: you stay at home. As I said in my speech there are a lot of tough things to be done here, Mr President. It is changing the way that people live for the time being and people are going to have to make tough decisions. But we have to be exceptionally firm on this. If people are self-isolating, they 1095 are self-isolating and that means you stay at home. If you have a private garden to use that is fine, but going out and taking walks is breaching self-isolation.
The President: And finally, Hon. Member for Garff, Mrs Caine.
1100 Mrs Caine: Thank you, Mr President. Firstly if I could bring the Minister back to a supplementary to my previous point: what is the capacity, please, of ICU, and the number of ventilators? Is this Department here, as in England, seeking to purchase any more ventilators? And then, on the isolation ward, so the public have an idea of what the capacity would be for both critical cases and perhaps isolation cases. 1105 My other point was in terms of identifying people with the virus at an early stage, there was an incident at the weekend when an emergency service worker from my constituency presented symptoms and was told there is no test for emergency workers. He has voluntarily self-isolated and now may be getting a test. But the word from the surgery is still that there is no test. So how quickly will testing be available in the community at the appropriate time for people who really 1110 need it? Thank you.
The President: Minister to reply.
1115 The Minister: Thank you, Mr President. The reason in relation to the test, again taking the last point first, was that the advice changed in the UK last week to actually state that only those admitted to hospital should be tested, and that obviously impacted on the microbiological labs that are processing the tests. Since then we have been working on a workaround so that we can continue community testing 1120 and that has kicked in, which allowed us to make the announcement yesterday. And so the community testing is now happening from today. In terms of the capacity, I do apologise to the Hon. Member, I did miss that off. Currently within ICU I believe in total we can use up to eight beds. But, as I stated in my Statement, we are repurposing various areas of the hospital to be able to expand that critical care capacity. 1125 In terms of ventilators in general use I believe there are six, off the top of my head. But then we have also got the ventilators that were purchased during the swine flu epidemic as well, that would be brought back into play. Also the Hon. Member referred to what is happening in the UK with the repurposing of various companies to produce new ventilators. One of the great advantages we have as an 1130 Island, Mr President, is that we are part of the NHS supply chain and that means there have already been conversations going on about how we would purpose that. But the key point – and I will be doing a presentation at lunchtime to Members, Mr President – is how we actually deal with the peaks and slow the curve that is absolutely essential for the continuation of our Health Service. 1135 ______1350 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The President: Thank you, Hon. Members.
COVID-19 – Statement by the Minister for the Treasury
The President: We now turn to the Treasury Minister’s Statement, and I call on the Hon. Member for Ayre and Michael, Treasury Minister, Mr Cannan.
1140 The Minister for the Treasury (Mr Cannan): Mr President, I want to thank the Minister for Health and Social Care for his Statement. I am sure that I speak for the whole Court and indeed this Island nation when I say to him and the dedicated doctors, nurses, care workers and community care workers on the frontline of this health crisis that our thoughts are with them and their families as they apply the full range of their abilities and capabilities to keep us safe in 1145 the coming days, weeks and months. I want to make it absolutely clear that whatever funding they need to face this challenge they will get. But there is a growing second front arising as a direct result of this global pandemic and it is an economic and fiscal battle to sustain our economy and jobs throughout the next vital three months and possibly beyond. (Mr Robertshaw: Hear, hear.) 1150 I recognise that there has already been an economic impact that has at this stage most acutely been felt in the tourism, leisure and travel sectors. I also recognise that all businesses are working incredibly hard to ensure their businesses and our economy continue to function and services continue to be provided. We must act together to keep business working and staff in employment. 1155 I give a commitment that the Government will take steps to help protect, as much as we can, the Island’s economy and our businesses to overcome the short-term impacts of COVID-19. Today I can announce, subject to Tynwald approval, immediate measures to assist with business cash flow. Mr President, one of the most significant costs businesses have is their staff and therefore I 1160 have brought an Order to this Court today that will provide a three-month holiday for employers’ National Insurance contributions in the following sectors: tourist accommodation; catering, entertainment and leisure; travel and tour operators; and logistics to and from the Island. The effect of this measure is to reduce to nil the rate of Class 1 secondary National Insurance 1165 contributions. The full details of these sectors will be provided in a list that will be published in the next few days and laid before Tynwald in the coming weeks. The list will be kept under constant review and I will keep it under constant review and seek to broaden its scope as required. The full cost of this measure is difficult to quantify, but as it stands at the moment we expect it to be in the region of £250,000 a month. 1170 This measure will come into operation for the month 12 payment (March payment) that is due to be paid to Treasury by 19th April. Should any employer that is covered by this measure have already paid month 12 to the Treasury then they will be able to apply for a refund of the employer National Insurance contributions they have paid. In addition to this, a grant of £3,000 for all businesses in the sectors specified earlier will be 1175 available to provide an immediate cash boost. Details of the application process will be made available on the Department for Enterprise’s website very shortly and we will be making payments as soon as we are able to thereafter. I recognise that more substantial support will be required for accommodation providers. In conjunction with Department for Enterprise and the industry, I am working on a scheme that will 1180 provide much needed support to those effected businesses.
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In addition, if any business is having difficulty in meeting their statutory obligations, such as the payment deadlines for tax, National Insurance or VAT, or for the submission of returns, they should contact the relevant division as soon as possible. Both the Assessor of Income Tax and Collector of Customs and Excise will work with businesses and individuals on a case-by-case basis 1185 to minimise the pressures that may currently be experiencing. Also, if individuals or businesses are experiencing difficulties in relation to any payments to other Government Departments, I would encourage them to contact that Department, where matters will be considered sympathetically. In line with the response outlined by the Health Minister earlier today, it is absolutely vital 1190 that individuals self-isolate if they display symptoms of COVID-19. I do recognise that this will have a short-term impact on a business’s ability to operate and their cash flow. To assist all businesses, in all sectors, who are providing discretionary sick pay to employees self-isolating, I will provide compensation to the employer of £20 per working day in a consecutive period of up to two weeks per employee in self-isolation. Those in self-employment are also able to access 1195 the full range of benefits for the duration of this crisis. These measures will assist business in the short term. However, it is not just Government that is able to assist in these tough times. Our banks have announced they are also providing assistance to businesses with loan repayment holidays and working capital assistance. I know that businesses across the Island are working hard to react to the changes brought about by the 1200 virus and the banking industry is stood ready to provide help. I would encourage everyone to engage with their banks as a matter of urgency if they are feeling they are in financial trouble. As far as individuals are concerned, I know this will be a deeply troubling time for them and their families. Until recently, individuals who cannot work due to sickness or incapacity can only claim Incapacity Benefit from the fourth day of sickness. I can inform you I have already signed 1205 an Order which will remove with immediate effect and for a period of 26 weeks the three-day waiting period for awards of short term Incapacity Benefit. This will ensure those who take the recommended action to protect others by self-isolating are financially supported from day one. A further Order is being brought forward to allow a person to self-certify their incapacity for work for up to 14 days, as opposed to the current seven days. This will remove the need for 1210 people who self-isolate for more than seven days and up to 14 days to get a sick note from their GP. I expect to sign this tomorrow and it will be effective immediately. We are also considering alternatives to the doctor’s sick note where a person continues to be incapable of work on account of the coronavirus for more than 14 days. In addition, I have directed that the introduction of new minimum work requirements for 1215 Employed Person’s Allowance, which were due to have effect from 2nd June this year, is to be postponed until April next year. Given the current situation with regard to COVID-19, the availability of new jobs or additional work hours is likely to be impacted for a considerable period of time. There is also a risk to the availability of employment advisors to support people to secure additional work and this move makes sense. 1220 Lone parents claiming Income Support solely on account of being a lone parent will be able to continue to do so until their youngest child reaches the age of 12. Until recently, this was due to reduce to the age of six from 2nd April 2020. This postponement will apply for 26 weeks. In addition, persons claiming Jobseeker’s Allowance will not be required to attend in person at a Social Security office to claim their benefits. Instead, applications can be submitted by post. 1225 New claimants should contact the Jobseeker’s Allowance Team to ask for a claim form to be sent to them. Finally, persons claiming Jobseeker’s Allowance will be temporarily excused from the requirements to ‘sign on’ in person at a Social Security office, usually once a fortnight. They will continue to be paid their Jobseeker’s Allowance, but they must contact the Jobseeker’s 1230 Allowance Team straightaway if their circumstances change, they do any work or they wish to end their claim.
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I should also point out that workers who are not incapacitated for work and are not self- isolating, but are prevented from attending work for other reasons and as a result have no earnings will be able to claim Jobseeker’s Allowance. As for short-term Incapacity Benefit, we 1235 also plan to temporarily remove the three-day waiting for Jobseeker’s Allowance. Persons who are concerned about their ability to collect their pension or benefits at the Post Office can nominate someone else to do it on their behalf or they can opt to have them paid directly into their bank account instead. Anybody wishing to make changes to the way they collect their benefits or is in any way concerned about this should contact the Social Security 1240 Division directly. Social Security officers are actively exploring options for accepting benefit claims via other means than submission on paper-based forms, along with other measures that may become necessary to ensure people can get the help they need in an appropriate manner. As I have said, Mr President, the banking industry is not only offering support to businesses 1245 but to individuals as well, with offers of mortgage and loan repayment holidays in certain circumstances. Once again, if individuals have financial concerns I also recommend that they contact their bank as soon as possible and I want to thank at this point the banks, their executive teams and their staff for their offers of support that have been made public and for the work that they too are about to embark on. (A Member: Hear, hear.) 1250 Finally, Mr President, I am asking Tynwald to approve the transfer of £40 million from the Operating Balance to the Contingency Fund. I want to be clear to Tynwald, it is my intention, supported by the Council of Ministers, to use powers exercised under the Financial Provisions and Currency Act to undertake such actions as deemed necessary for the protection of the health and the economy of this Island. 1255 These initiatives are our phase one approach. But I must be clear and honest with you all. These measures may not be enough. £40 million may not be enough. We may need more and much work continues on further support mechanisms both for business and individuals. I said we will not wait and we will act decisively. We will seek the recall of Tynwald if we need additional measures that require by law Tynwald’s authorisation, and in any case, I will make a 1260 further public announcement regarding a second phase of improved financial measures on Tuesday, 24th March. These are unprecedented times and they call for unprecedented action. We need self- discipline and social discipline to tackle the direct threat to our health and we need similar qualities to meet the fiscal and economic threat to our Island. 1265 So, Mr President, I urge those companies and businesses who may come under threat, who may find themselves facing difficult decisions, to think outside the box. Are staff willing to take a pay cut to save jobs? Are any staff willing to take a three-month sabbatical? Can you offer your services or that of your company in a different way? If a restaurant, can I offer a takeaway service? If a hotel, can I offer businesses hotel rooms for vital staff? Can I set up an emergency 1270 working facility for staff in quarantine? If I am a taxi driver, can I set up a home delivery service? Never before will businesses, leaders, entrepreneurs and workers ever have had to think so quickly to find solutions. We will act across Government, but do not wait. If you have ideas then get them out there. If you have problems, tell us. If you need help, speak to your bank, speak to your advisers and speak to us. And now, more than ever, I call on the community of this Island to 1275 spend local and think local. (A Member: Hear, hear.) Spread your money around, go somewhere new, use the butcher, the baker, the candlestick maker. Buy local meat and local produce, buy local bread, creamery butter. Expand your horizons, buy local fish, cook some kippers, stop at the farm shop you have never been to. Think and act local. And if you can cope, if you have the financial resources, if you and your businesses and your 1280 family have financial security, please, I urge you, give us the space and time that we need to deal with those most in need in the coming days and weeks. For all of us, everybody across this Island nation, we must do as much as we can to keep people employed and businesses intact. For the next 12 weeks we must strain every sinew, ______1353 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
consider every option and do our best to keep our economy alive. If we succeed, this Island will 1285 not only survive, the economy will have the opportunity again to thrive. I know and trust that all of us across Government, business and the community will draw on our full range of capabilities as this proud Island nation rises today do what is right to overcome this deeply challenging crisis. I ask Tynwald to support the measures before it today and support the actions of this Government. 1290 Several Members: Hear, hear.
A Member: Well done, Alf!
1295 The President: Hon. Member for Onchan, Mr Callister.
Mr Callister: Yes, thank you, Mr President. I thank the Treasury Minister for a very robust and positive Statement this morning. As he outlined there, a number of banks are already offering help by way of mortgage holidays, which 1300 will absolutely help a lot of families in the coming weeks and months with any financial difficulties they may face. Can I ask the Treasury Minister, therefore, to work with the DoI Minister and local authorities to also provide payment holidays for housing tenants that find themselves in a difficult situation in the coming weeks and months? 1305 The President: Reply, sir.
The Minister: Mr President, we will work across Government to protect our people as much as we can and we will certainly be working across Government Departments to make sure the 1310 policies are in place to do just that. I take the Member’s comments on board and we will enact that as soon as possible.
Mr Callister: Thank you.
1315 The President: Hon. Member for Douglas East, Mr Robertshaw.
Mr Robertshaw: Thank you, Mr President, and can I thank the Treasury Minister for that very robust and encouraging Statement at such a difficult time. However, Mr President, I am having difficulty remembering everything that all the Ministers 1320 have said this morning, and would they all please be kind enough, as soon as possible, to circulate these statements to Members, as obviously, as MHKs, we are going to be asked a whole range of questions from our constituents? It would be very helpful if we could have that information in front of us. Thank you, Mr President. 1325 The President: Minister.
The Minister: Absolutely, Mr President. I appreciate there is a huge amount of information, not only for this Hon. Court, but for the 1330 whole community to take in, and now for businesses to take in. We will try to seek to communicate everything as effectively as possible and I am sure, on behalf of the Chief Minister and the Health Minister, we will have those statements circulated as soon as possible – at lunchtime at the latest.
1335 The President: Hon. Member for Onchan, Ms Edge. ______1354 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Ms Edge: Thank you, Mr President, and I too thank the Treasury Minister for some of his actions here today. I am just wondering, with regards to the list that you provided, really, of the companies that will be able to access the £3,000 grant – tourism, leisure – I am not sure he specifically said 1340 hospitality, but without that Statement I am not too sure … whether he could clarify that? There are obviously people closing there. Taxi businesses: are they classed as leisure? Where do they fit in? And also, I do have concerns for our construction industry, because if people are self- isolating, there are an awful lot of people having properties done up; some of our construction 1345 workers work in our hospitals on a regular basis. I think it perhaps is too soon to look at that, but I think it should be getting looked at. A number of the workers on the Promenade are travelling backwards and forwards off the Island. I just wonder whether the Minister can confirm that CoMin have taken this into consideration? And also, with regard to the circulation of information, can the Minister confirm it will be 1350 done to individual companies, not through the Chamber of Commerce or construction forums? Thank you, Mr President.
The President: Minister to reply.
1355 The Minister: Thank you, Mr President. As I said in my Statement, the full details of the sectors that I have mentioned will be provided in a list that will be published in the next few days and laid before Tynwald in the coming weeks. This list will be kept under constant review, and we will keep it under constant review, and seek to broaden its scope as is required. 1360 In terms of ongoing impact, as I have made clear in my Statement, Mr President, I will give the next update on financial measures and further assessment of potential implications publicly on Tuesday, 24th March 2020. And I am positive that in conjunction with the Department for Enterprise we will be circulating to all businesses a constant stream of communication of their entitlement and the measures that we have introduced and will in the future introduce to help 1365 keep them safe as much as possible.
The President: Hon. Member for Council, Mrs Poole-Wilson.
Mrs Poole-Wilson: Thank you, Mr President, and thank you to the Treasury Minister for his 1370 Statement. Just a point of clarification. I believe he referred to Jobseeker’s Allowance being made available to those who cannot attend work, but not because of needing to self-isolate for themselves or because of their own ill-health. I wondered, could he just confirm, does that mean he envisages that someone who has to take time away from work to care for another person 1375 who is either self-isolating or is ill … are they covered by what he referred to in terms of being able to claim Jobseeker’s Allowance? Thank you, Mr President.
The President: Minister to reply. 1380 The Minister: Yes, thank you, Mr President. I confirm with all these measures full details will be provided in a written statement that will be circulated so that everybody is absolutely clear on such implications and I expect the Hon. Member’s question will be properly defined in that statement. 1385 The President: Hon. Member for Rushen, Mr Speaker.
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The Speaker: Thank you. I appreciate that the Treasury Minister’s objective throughout all this is business and 1390 individual financial survival. What I suppose I want to know is how he is going to measure the effectiveness and efficacy of that support? How will he know if he is succeeding in his goal in terms of keeping businesses and people afloat? What data is he collecting at this time, and perhaps more importantly, what information does he suggest that companies should be collating in anticipation of support further down the line from a grant and support scheme? 1395 The President: Minister to reply.
The Minister: Mr President, we are collating information on an ongoing basis – on a daily basis. We are fully aware of the immediate challenge that is faced within our community and we 1400 are aware of the fears of business and the fears of individuals on an ongoing basis. Our objective will be to keep, as much as possible, people in work and our businesses intact over the three-month period that I have outlined and possibly beyond. That is our objective, that will be our ultimate measure and that is what we are setting out to do today. And we will not stop and we will strain every sinew to try and achieve that objective. 1405 Data, data analysis, all the rest of that – that can come later. We must focus first and foremost on getting cash to businesses that need it as quickly as possible and helping protect those who for whatever reason find themselves needing additional financial support.
A Member: Hear, hear. 1410 The President: Hon. Member for Ramsey, Mr Hooper.
Mr Hooper: Thank you very much, Mr President. I would like to thank the Treasury Minister for his very clear delivery there of support for 1415 businesses and for individuals. I really welcome the deferral of the changes to Income Support. I would like to ask for some clarity. There are currently groups of people, lone parents specifically, who can only collect in person. If for whatever reason they do not have a proxy, what measures are being put in place? Can you reassure this Hon. Court that there will be some support available for those who 1420 cannot, for whatever reason, have a proxy but also are required to collect those benefits in person? And secondly, in respect of businesses he has mentioned cash. Cash is obviously king when it comes to supporting businesses and I really welcome the National Insurance holiday. But VAT and ITIP also have significant cash impacts on businesses, especially retailers and tourist 1425 businesses, and I would like some clarification, just if the Treasury has considered some payment deferrals, payment holidays, in respect of VAT and tax as well.
The President: Minister to reply.
1430 The Minister: Mr President, I thank the Hon. Member for his question. I am sure that all Hon. Members will appreciate there is a huge range of scenarios and situations that we may have to tackle in the coming days that may not nicely fit within a square box of the purpose of these intended measures, and that we may have to find ways to deal with it. When he talks about that particular issue with lone parents and/or any of these other difficult 1435 situations that may occur on a case-by-case basis or in bulk then we will tackle it. We will address the issue and we will act as quickly as possible. In terms of tax, National Insurance holidays, how we progress, I think I want to give everybody the absolute reassurance and commitment that across Government, but particularly
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within the Tax Division of this Treasury Department, we will treat businesses sympathetically 1440 from day one. Secondly, Mr President, as the Hon. Member knows, we are going to work extremely closely with the Department for Enterprise in the coming days to understand where continued or further pressure points are coming within our economy. And I will make my next statement on Tuesday, 24th March so that we are all crystal clear how we are intending to deal with further 1445 items as they arrive and what further measures may be needed for these particular sectors, which are clearly being impacted with immediate effect as a result of the measures that we as a Government have brought in to protect this Island and protect its people.
The President: Hon. Member for Ayre and Michael, Mr Baker. 1450 Mr Baker: Thank you, Mr President. I of course welcome the package of measures that the Treasury Minister has announced, and I am sure the Treasury Minister would agree with me that the risk here is that we have got a short-term scenario which has the potential to significantly damage what are good, viable 1455 businesses. The measures that Government is stepping forward with are very welcome, as is the support of the banks. However, I think we need to go a little bit further where necessary and I would just like the Treasury Minister to really consider the need for, potentially, the ability to engage at a very senior level across Government, with the Department for Enterprise and professional 1460 advisors from the business community where we are at risk of losing key strategic businesses. I would ask the Treasury Minister to consider providing a very focused, quality support package of advice and potentially creative solutions around restructuring or any of those concepts which might be necessary where the measures that have been announced are helpful but do not go far enough. Because we will come through this and we have to make sure that 1465 what we have got remaining is the strongest economic infrastructure we possibly can have. I think we do need that creative thinking around some of the challenges some of these businesses will face, particularly with a recognition that with integrated supply chains one business’s issue can quickly become magnified down that supply chain and that profit chain. So I would just ask the Treasury Minister to work with the Minister for Enterprise, perhaps 1470 the Agency model and the professional service firms to make sure we have got the resources mobilised for those very specific situations that may be necessary.
The President: Minister to reply.
1475 The Minister: Thank you, Mr President. I would like to take the opportunity to acknowledge the hard work of the Minister for Enterprise and his team that they are applying to this situation and the contacts that they are establishing within the business community. I can tell the Hon. Member that both the Treasury and the Department for Enterprise will 1480 tomorrow be attending a full forum meeting with businesses directly impacted as a result of these announcements and will do so in conjunction with the Visit Agency. I can also inform the Hon. Member that I, together with the Minister for Enterprise, am setting up an economic response committee. That committee is an advisory committee. As and when we see fit we will use that committee if we need to liaise with senior executives across the 1485 business community. But I think you can take it as read that from here on in both the Treasury and the Department for Enterprise will be working closely with all our senior business leaders, both from large and small businesses, to try and overcome the problems and challenges that we are facing and we will make every single effort to do so to keep this economy and keep our businesses intact.
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1490 The President: Hon. Member for Onchan, Mr Callister.
Mr Callister: Thank you, Mr President. I was wondering if can ask the Treasury Minister to give a definition of ‘NI holiday’? Does that mean that the payment has to be made a later date or not paid at all? 1495 The President: Minister.
The Minister: It means the payment is not being paid at all.
1500 The President: Hon. Member, Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President. I would like to congratulate the Minister on his upbeat nature in terms of his response; his emphasis on buying local. 1505 Would the Minister encourage the collection of data on off-Island plans for key workers such as nurses and teachers over the next three months? These off-Island visits could result in the closure of key services. Incentives might be possible in terms of preventing this from happening.
The President: Minister to reply. 1510 The Minister: As I said, Mr President, if we become aware of issues in any area we will work carefully but quickly to consider how best to overcome any issues that arise. I appreciate the Chief Minister gave a very clear guideline this morning that we will be making exemptions in some cases for critical workers and the framework for that will be announced in due course. 1515 The President: Hon. Member, Ms Edge.
Ms Edge: Thank you, Mr President. I would just like, really, to ask the Treasury Minister with regards to the cash payments. I 1520 know we keep saying there are proxies and people can use bank accounts. However, people do need access to cash in these circumstances. With regards to lone parents, etc., I am just wondering, is Treasury focused on finding a solution to deliver cash to some of these individuals? Just with regard to employees of Isle of Man Government: they are all employees of Isle of 1525 Man Government; have the Treasury Minister and the Chief Minister considered that employees can work in any place that is seen fit during this crisis?
The President: Minister to reply.
1530 The Minister: I will just deal with the latter part of that question. Mr President, we will look to overcome any problems that we need to. If we need to move employees to a different location to solve any problems, operational issues or health issues, then we will do so. In terms of cash payments, I recognise that there may be an occasional situation where an individual needs to get cash because they are either self-isolating or they and their family are 1535 self-isolating, and in those particular situations where there is a difficulty on an individual basis I would urge those people to contact Social Security and we will find a way to resolve their problems. If this or any issue becomes a sustained issue more broadly across the community we will put in place the policies for the duration of this crisis to help our people on this Island in whatever 1540 way and means are necessary to help them get through the challenge that they are facing.
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The President: Take this as a final question to the Treasury Minister. Hon. Member, Mrs Barber.
1545 Mrs Barber: Thank you, Mr President, and I would like to echo the thanks of others to the Treasury Minister for a very robust set of measures that are being put in, and I appreciate these are just the starting point. I wonder if I could just ask a question around EPA. I appreciate there are measures being put in place to make amendment to that. One of the things that has been raised with me is around 1550 use of unregistered childcare if there is a need for a nursery to shut at short notice because of an outbreak, potentially. Will that now be covered if someone needs to make payment to an unregistered childminder, which at present is not included in the regulations? The other question is just a recognition of those businesses specifically in the hospitality sector – which I know that you are very aware of and I am glad you are committing to meet with 1555 them tomorrow – who have been hit, not by one exceptional event, but by in fact three exceptional events, both with Promenade closures, with the Flybe closure and now with the coronavirus, and those businesses being very much at immediate risk because their reserves are already gone in many cases. So thank you for your commitment, but those are my questions. 1560 Mr Callister: Hear, hear.
The President: Minister to reply.
1565 The Minister: Thank you, Mr President. I think I have made it clear that we are reacting immediately to those businesses who clearly are suffering substantial economic challenges as a result of the measures that have been brought in. In terms of EPA childcare, I am sure – as I said to the Hon. Member for Ramsey, Mr Hooper – 1570 there is a huge range of potential situations and scenarios that may arise as a result of the new situation, the health crisis and the potential growing economic issues and challenges that we are facing. We will deal with those on their merits. But, Mr President, I have to be clear, I do not know whether we can deal with each situation as it arises. We have to ask the community to use common sense to get as much help for the 1575 community infrastructure that is around and available to everybody, whether it is through local commissioners, local support groups, local charities. If there are circumstances in which we are not able to act, for whatever reason, then I ask people to use as many facilities … and I ask the community to work together as much as possible to help individuals or families who may need short-term assistance, particularly if we need to work out a scheme or other measures that may 1580 be necessary to bring into force to deal with the particular issue if we believe it has merit.
A Member: Hear, hear.
The President: Thank you Hon. Members, and thank you for the clarity of the questions and 1585 the answers on this very important matter.
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Questions for Oral Answer
Procedural – Questions 3 and 11 not to be asked
The President: We turn now, as I indicated we would, to the Question Paper as published. Questions 3 and 11, having been overtaken by events, will not be specifically asked.
CHIEF MINISTER
1. Representation of the People (Crown Dependencies and Overseas Territories) Bill – Statement
The Hon. Member for Onchan (Ms Edge) to ask the Chief Minister:
If he will make a statement on the Representation of the People (Crown Dependencies and Overseas Territories) Bill being proposed in Westminster?
The President: We therefore turn to Question 1 in the name of the Hon. Member for Onchan, Ms Edge. 1590 Ms Edge: Thank you, Mr President. I would like to ask the Chief Minister if he will make a statement on the Representation of the People (Crown Dependencies and Overseas Territories) Bill being proposed in Westminster.
1595 The President: I call on the Chief Minister to reply.
The Chief Minister (Mr Quayle): Thank you, Mr President. I imagine that in the same way as all other Members of Tynwald, I recently received correspondence about a draft Bill to provide for the Crown Dependencies and British Overseas 1600 Territories to elect Members to the Parliament at Westminster. Although I know that the proposed Bill has also been sent to the Prime Minister of the United Kingdom, I think we should be clear that this is the work of a group of private individuals – in fact, if not an individual – from emails I have seen, with people distancing themselves from their actions, rather than being an initiative of the United Kingdom government or Parliament. 1605 It might be picked up by a backbench MP or Member of the House of Lords at some point in the future, but it is not currently before the Parliament at Westminster. Even if it is picked up in this way, it is basically impossible for a backbench Bill to become law unless the UK government agrees to allocate parliamentary time to it. Mr President, Hon. Members will be aware of my views on the proposed Bill since my 1610 comments were reported in the Isle of Man Examiner on 10th March. In addition, I believe that the view expressed in the correspondence to me that the Island could become a new UK parliamentary constituency but have no change to our self-governing status is wholly naive. (Several Members: Hear, hear.) It is also clear that in a future UK boundary review, an Isle of Man constituency could 1615 potentially become part of a larger UK constituency. Whilst I in the Isle of Man Government support evolution of the Island’s constitutional relationship with the UK as a Crown Dependency where this is in the Island’s best interests, I do not believe this proposal would serve the Island
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well. It would be a fundamental change to the Island’s relationship with the UK that could be seen as a justification for a future United Kingdom government or Parliament to legislate for the 1620 Island without our consent whenever they considered it appropriate to do so. Although having an Isle of Man Member of Parliament would provide a formal voice for the Island in Westminster, I believe that the potential dangers of bringing the Island within the UK political and party political system outweigh any potential advantages. Realistically, all of the proposed Crown Dependency or Overseas Territory MPs would be unlikely to have significant 1625 influence in Westminster, and when we need to engage with MPs and Lords across all parties on issues of concern or interest to the Island we have other channels by which this can be achieved. In short and to be blunt, Mr President, I do not support this proposed Bill.
Several Members: Hear, hear. 1630 The President: Mr Speaker.
The Speaker: Thank you … whether the Chief Minister has discussed this matter with his colleagues from other Crown Dependencies and whether they were of like mind? 1635 The President: Chief Minister.
The Chief Minister: Thank you, Mr President. I note my good friend Senator Ian Gorst, the External Relations Minister for Jersey, has like- 1640 mindedly expressed his views on this. I have not spent any time on this, Mr President, because it is an absolute waste of my time and everyone else’s. Thank you.
Two Members: Agreed. 1645 A Member: Hear, hear.
2. Manchester and Birmingham International Airports – Action to protect landing slots
The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Chief Minister:
Whether the Government has taken action to protect landing slots at Manchester International Airport and Birmingham International Airport for the continuation of services to the Isle of Man?
The President: Question 2, Hon. Member for Arbory, Castletown and Malew, Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President. 1650 I would like to ask the Chief Minister whether the Government has taken action to protect the landing slots at Manchester International Airport and Birmingham International Airport for the continuation of services to the Isle of Man.
The President: Chief Minister to reply. 1655 The Chief Minister (Mr Quayle): Thank you, Mr President.
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The landing and take-off slots at Manchester and Birmingham airports, as used previously by Flybe, have been returned to the organisation that controls the distribution of slots at the large, busy airports that have slot restricted runways. And just for information for this Hon. Court, 1660 those airports in the UK which require runway slots are all London airports, Manchester, Bristol and Birmingham. The International Air Transport Association (IATA) Worldwide Airport Slots Group allocates and manages slots globally and has done since slot usage started in the 1970s. An airline already holding a slot keeps it as long as it has sufficiently used it. Any available slots are allocated by 1665 this group to both the legacy and new carriers. It should also be noted that these slots have a value to the administrators and may form part of the liquidation of Flybe. As such, the Government can take no action. Only airlines can hold or use slots. However, I can reassure the Hon. Member that slots are available at the airports that were previously served by Flybe in sufficient number for any new operator to be able to operate a 1670 schedule very close to the timings of the one operated by Flybe, if they so choose.
The President: Supplementary, Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President, and thank you, Chief Minister, for such a detailed 1675 Answer. In terms of the strategic importance of these slots to the Island and given the current uncertainty, these slots can be sold quite quickly and cheaply if the buyer comes along. Given their strategic importance, has the Government considered purchasing them?
1680 The President: Chief Minister to reply.
The Chief Minister: Thank you, Mr President. I thank the Hon. Member for his question but would respectfully point out that in my Answer I stated that Government cannot purchase slots; it is only airline companies that are legally 1685 enabled to buy a slot.
TREASURY
3. Incapacity benefit – Question not asked
3. The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for the Treasury:
Whether he has any plans to reduce the three-day wait period for incapacity benefit in light of similar changes in the United Kingdom?
[Question not asked.]
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ENVIRONMENT, FOOD AND AGRICULTURE
4. Fishing for Litter initiative – Statement
The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Environment, Food and Agriculture:
If he will make a statement on the Fishing for Litter initiative?
The President: Question 4, Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President. I would like to ask the Minister for Environment, Food and Agriculture if he will make a 1690 statement on the Fishing for Litter initiative?
The President: I call on the Minister to reply, Mr Boot.
The Minister for Environment, Food and Agriculture (Mr Boot): Thank you, Mr President. 1695 Fishing for Litter is part of our national commitment to help reduce the amount of plastic pollution in our seas and has recently been relaunched as part of our Single Use Plastic Reduction Plan for the Isle of Man Community, which was published as an action under the Programme for Government. It is an excellent project led by KIMO, an association of coastal local authorities, whose goal is to eliminate pollution from the northern seas. 1700 On the Island, the Fishing for Litter initiative provides Manx fishermen with reusable marine litter sacks to collect rubbish that is caught in nets during normal fishing activities. Filled bags are brought ashore and emptied into designated quayside bins. Buckets are also made available from harbour offices for the collection of plastic offcuts and suchlike, so that crews can prevent these from blowing into the sea when undertaking tasks such as net mending in the harbours. 1705 A unique aspect of our local scheme is that Manx ports are being paired with local schools so that children can be shown the range of waste items found at sea, to encourage discussion of the issues that they cause in a direct local context. We hope that this promotes a better understanding of the vital work that many fishermen are doing to protect the sea from litter. So far around 25 vessels have signed up, which is about a third of our Manx fleet, and boats 1710 are already bringing in bags of litter collected from the sea floor with a wide range of plastic items that have found their way into the marine environment. A catch by the Frey recently included nine shoe soles, a circuit board and parts of a vacuum cleaner. This initiative complements other work undertaken by a range of organisations on the Island and on land and coast, to clean up our environment and promote responsible actions with 1715 regard to our waste. It comes from joined-up working between Government Departments, together with the fishing industry who are engaged together to tackle this issue. We welcome other boats coming into the scheme with the hope that this becomes part of everyday working, all around the Island.
1720 The President: Supplementary, Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President; and thank you, Minister, for such a detailed Answer. In terms of the project, what is the overall cost of the initiative? And in January Tynwald 1725 there was a real push towards environmental concerns and finding solutions. This is a really good initiative: will similar issues be driven forward in the next few months by his Department?
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The President: Mr Boot, Minister.
1730 The Minister: Thank you. In terms of the cost of the scheme we have had to supply the bags and also the bins to collect the same and I believe we worked with DOI on this and maybe the local authorities. But it is a voluntary scheme so there is no payment to anyone, and I think people are willing to buy into that. 1735 In terms of the Department and ongoing initiatives this is one of a number of initiatives and as you know we have a good relationship with Beach Buddies and we are working with them. There is also now an on-land version of that and we are working with them as well. So they are part of a whole raft of initiatives in the voluntary sector, I am pleased to say, and the community seems pleased to buy into these things.
5. Regulatory functions within DEFA – Funding and resources allocated
The Hon. Member of the Council, Mrs Lord-Brennan, to ask the Minister for Environment, Food and Agriculture:
How funding and resources are allocated in order to exercise the various regulatory functions within DEFA?
1740 The President: Question 5, Hon. Member of Council, Mrs Lord Brennan.
Mrs Lord-Brennan: Thank you, Mr President. I would like to ask the Minister for Environment, Food and Agriculture how funding and resources are allocated in order to exercise the various regulatory functions within DEFA? 1745 The President: I call on the Minister to reply, Mr Boot.
The Minister for Environment, Food and Agriculture (Mr Boot): Thank you, Mr President. I can advise that there are many officers throughout the Department that have a regulatory 1750 role – Fisheries officers, Planning officers, Environmental Protection Unit officers, etc. However, for the most part I have concentrated on answering the Question specifically within the Regulatory Directorate as I have assumed that this is the area on which the Hon. Member is seeking further advice or information. The Regulatory Directorate was formed in 2019 following a departmental restructure and 1755 further to the administrative merger and co-location of both the Office of Fair Trading and the Road Transport Licensing Committee within DEFA. Budgets were established at that time and continue to be honed, with advice from Treasury officers, to meet work demands within the directorate. The directorate comprises a staffing resource of 64, most of whom require a specialist qualification in order to carry out their job. 1760 The current budget for the directorate is £3.272 million. This provides for all necessary resources to carry out regulatory functions in the divisions within the directorate and I have asked for a table to be circulated detailing a breakdown of this, after this sitting. As I have already mentioned, there is a requirement for many officers working within the directorate’s various divisions to hold qualifications and competencies necessary to fulfil their 1765 respective regulatory roles. Therefore there is little scope to move officers within the divisions. Accordingly, the Department has to consider the regulatory requirements of all the divisions to ensure that there is adequate staffing resource to provide levels of service as statutes, ______1364 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
policies and emerging demands, such as Brexit; and that the general public expects and deserves. 1770 Thank you.
The President: Supplementary.
Mrs Lord-Brennan: Thank you, Mr President. I thank the Minister for his Answer. 1775 For those regulatory functions that are happening within the Regulatory Directorate, do those functions and those officers carrying out those jobs have to compete with each other for funding and resources, or compete with the Department; or are they getting access to the specific budgeted amounts that they might expect and need to carry out their functions?
1780 The President: Minister to reply.
The Minister: Thank you, Mr President. Each regulatory function obviously has a budget attached to it. In terms of the OFT, that is a slightly different arrangement, they have a service level agreement with an allocation of 1785 resources. They do not compete directly. If they have a business case for various functions that are not being carried out or there are requirements over and above what they are doing at present, then that is examined on an annual basis and budgeted for accordingly.
The President: Further supplementary, Mrs Lord Brennan. 1790 Mrs Lord-Brennan: Thank you, Mr President. How does the service level agreement reflect access to funding and resources? Are there service level agreements in place for any other regulatory functions and, if not, why is the Office of Fair Trading different? 1795 The President: Minister to reply.
The Minister: Thank you, Mr President. The Office of Fair Trading came to the Department three years ago. It was transferred with a 1800 budget of £695,000 and that has steadily increased to £742,000 allowing for salary inflation. There is a service level agreement with the OFT because it sits in, but outside. We provide officers and administrative oversight. You, I think, and Mr Perkins are the Chair and Vice-Chair of the Board, but we supply the officer support for that. If the OFT in particular feels that it is under-resourced, and I believe that the amount of staff engaged are comparable 1805 with when it was taken over, then if they produce a business case we will take that to Treasury in due course. With regard to the RTLC, that sits with an administrative function within DEFA. We provide the officers for that and the board or committee sits separately and we have no contact or information or any input into that committee as such. We just provide them an administrative 1810 function.
The President: Final supplementary, Mrs Lord Brennan.
Mrs Lord-Brennan: Thank you, Mr President. 1815 Is it then the case that effectively access to some resources and funding is requiring a departmental yes or no in some of these instances for the OFT, for example? Thank you.
The President: Minister to reply. ______1365 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
1820 The Minister: Thank you, Mr President. As I said earlier, each regulatory function requires a budget and a number of officers. That sits within the budget for the Directorate and the Department as a whole, and that is examined on an annual basis. If business cases come forward for increases perhaps in staffing levels or in some cases for specialist equipment where regulatory functions include that, then obviously 1825 that is dealt with through the Department.
6. DEFA and regulatory functions – Officers with both roles
The Hon. Member of the Council, Mrs Lord-Brennan, to ask the Minister for Environment, Food and Agriculture:
Which officers in his Department have roles both within a regulatory function and within DEFA?
The President: Question 6, Mrs Lord-Brennan.
Mrs Lord-Brennan: Thank you, Mr President. I would like to ask the Minister for Environment, Food and Agriculture which officers within 1830 his Department have roles both within a regulatory function and within DEFA?
The President: Minister to reply.
The Minister for Environment, Food and Agriculture (Mr Boot): Thank you, Mr President. 1835 I can inform the Hon. Member of Council that there are 10 areas of regulation within the Department, across four directorates, each having officers with delegated powers under relevant and specific legislation for enforcement of a wide range of regulation. With the exception of the Office of Fair Trading and the Road Transport Licensing Committee, all other areas of regulation have roles both within their respective directorates and within 1840 DEFA.
The President: Supplementary, Mrs Lord-Brennan.
Mrs Lord-Brennan: Thank you, Mr President. 1845 I would like to further ask the Minister who sits on the regulatory directorates?
The President: Minister.
The Minister: The regulatory directorates comprise all the regulatory functions and their 1850 heads, as it were, or people who operate them. And there is a political chair, that is myself and Mr Perkins, but we are not there to direct the regulators, we are there to work as an interface between the different regulatory functions, political aspects and policy aspects within the Department.
1855 The President: Supplementary question.
Mrs Lord-Brennan: Thank you, Mr President, and I thank the Minister very much for his answers.
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On a more specific point actually, to do with food safety: given the emergency of needing to 1860 deal with coronavirus, has there been any communications, checks or information to businesses and cafés to do with food safety standards? As clearly that will also be an important aspect of hygiene and health. Thank you.
1865 The President: Reply, sir.
The Minister: Thank you, Mr President. Environmental Health liaises with businesses constantly and monitors the situation. As a Department, as well as a regulatory function, we are very much involved in obviously the 1870 coronavirus emergency and where we are going and how we are dealing with that. From a food safety point of view, a recent initiative that has come out of the political interaction will be in due course we will have scores on doors for all our premises, food retail premises on the Island, in a similar way to that they have in the UK, and I think that is a good step forward.
HEALTH AND SOCIAL CARE
7. National Cancer Plan 2012-2022 – Next update
The Hon. Member for Onchan (Ms Edge) to ask the Minister for Health and Social Care:
When the next update of the National Cancer Plan 2012-2022 will be published?
1875 The President: Question 7, Hon. Member for Onchan, Ms Edge.
Ms Edge: Thank you, Mr President. I would like to ask the Minister for Health and Social Care when the next update of the National Cancer Plan 2012-2022 will be published? 1880 The President: I call on the Minister for Health and Social Care, Mr Ashford.
The Minister for Health and Social Care (Mr Ashford): Thank you, Mr President. The current National Cancer Plan is due for renewal in 2022. 1885 Being frank, Mr President, one of the issues with this plan is that there was not developed at the time a detailed implementation plan including outcomes and timescales. So, whilst there has been progress in key areas, it is very hard to benchmark and report on what appears to have been an aspirational plan. Rather than divert much-needed resource into reviewing the current plan, it has been agreed 1890 that as part of the Transformation Programme the cancer strategy will be developed, which makes perfect sense particularly since it is due for renewal in 2022 anyway. This is being led by Public Health and closely involves the Macmillan Project Team. The operational delivery group will be involved in determining the priorities for the continued development of services for people living with a diagnosis of cancer. 1895 The President: Supplementary, Ms Edge.
Ms Edge: Thank you, Mr President. ______1367 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
I thank the Minister for confirmation that really this plan is void now, as there will be a new 1900 plan coming forward, and perhaps that needs to be updated on their Department’s website. But the Minister did mention that there are areas where there has been progress. Can the Minister advise what these areas are?
The President: Mr Ashford to reply. 1905 The Minister: Thank you, Mr President. In particular there have been the ones around the way that we are dealing with cancer services. So if you particularly look at the plan and the update around the children and young people and the way we deal with them and their cancer services, the way we have engaged with 1910 the third sector as well and the way that we have engaged with Macmillan, that at the time the plan was developed was very low level. We have also been engaging with the North West Cancer Intelligence Service as well in terms of the patients that we have.
8. Somerset Cancer Register – When DHSC implemented
The Hon. Member for Onchan (Ms Edge) to ask the Minister for Health and Social Care:
When the Somerset Cancer Register was implemented in his Department?
The President: Question 8, and again I call the Hon. Member for Onchan. 1915 Ms Edge: Thank you, Mr President. I would like to ask the Minister for Health and Social Care – perhaps it is not ‘when’ now it is if the Somerset Cancer Register was implemented in his Department?
1920 The President: Minister to reply.
The Minister for Health and Social Care (Mr Ashford): Mr President, I did not want to pre-empt the answer to this which is why I did not mention it, but the Somerset Cancer Register (SCR) is a software application which tracks a cancer patient’s journey from the point of referral 1925 into Noble’s Hospital and throughout the patient’s cancer journey. So it is in place. The SCR is predominately used by the Cancer MDT co-ordinators to input patient data such as diagnostic dates, treatment commencement dates and decisions made at MT day meetings by healthcare professionals. By using the Somerset Cancer Register our cancer MDT co-ordinators can oversee each 1930 cancer patient’s journey and liaise with clinical teams within the Department and wider providers to ensure that our cancer patients are progressing through their journey in a timely manner wherever possible.
The President: Supplementary, Ms Edge. 1935 Ms Edge: Thank you, Mr President. I thank the Minister for that response and I am pleased that this register is in place. Frequently, in here, we hear there is no data available on statistics, and certainly some of the data around some areas of cancer treatment have been very vague. Can the Minister confirm he
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1940 is confident that the recording of all cases are within this Somerset Cancer Register and that data we are receiving in here in this Hon. Court is up to date and accurate?
The President: Minister to reply.
1945 The Minister: Thank you, Mr President. Yes, all cases are recorded within the register and the data is up to date and accurate. We have obviously been rolling the register out over a number of years so, for instance, in terms of what we would refer to as cancer sites, upper GI came in in 2013, the head and neck in 2015, skin in 2017, paediatric in 2018. So it has been building a picture over time, Mr President. 1950 Obviously it has also been feeding into where we report on our weekly two-week waits as well. So 13 sites are currently monitored in this way. There is still more work to do around the data and having it in a format where we can extract it quickly and publish that data.
The President: Hon. Member for Ramsey, Dr Allinson. 1955 Dr Allinson: Thank you, Mr President. Would the Minister agree with me that the work of GPs in automating the referrals for suspected cancer cases through the two-week rule using pro formas and electronic sending of those pro formas has actually helped greatly speed up the transition so that people get the care 1960 and attention that they need?
The President: Minister to reply.
The Minister: I would most certainly agree with the Hon. Member for Ramsey, Dr Allinson. 1965 The President: Final supplementary, Ms Edge.
Ms Edge: Thank you, Mr President. I would just like the Minister to confirm that obviously this register will be kept going. 1970 Obviously he has said this report really has not been implemented in any way, shape or form, but this has. So this register will be continued during the transformation process?
The President: Minister.
1975 The Minister: Swiftest answer of the day, Mr President: yes.
INFRASTRUCTURE
9. Ramsey transport interchange – 2020 capital budget change
The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Infrastructure:
Why the capital budget for the Ramsey transport interchange has changed in the 2020 Budget; and if he will make a statement?
The President: Question 9, Hon. Member for Ramsey, Mr Hooper.
Mr Hooper: Thank you very much, Mr President. ______1369 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
I would like to ask the Minister for Infrastructure why the capital budget for the Ramsey 1980 transport interchange has changed in the 2020 Budget; and if he will make a statement?
The President: I call on the Minister for Infrastructure, Hon. Member, Mr Harmer.
The Minister for Infrastructure (Mr Harmer): Thank you, Mr President. 1985 The Ramsey transport interchange has been included within the Budget since 2013-14. When the original business case was submitted and approved, the Department intended that the land vacated following the movement of the bus station would be utilised to support housing requirements in Ramsey. The housing demand has subsequently been reassessed, and work on the transport interchange was halted following the failure to obtain planning approval for a 1990 scheme to combine both the bus facilities and the new tram station, in what is known as the Plaza site. The majority of funding for the project was classified as a Column 3 item in the 2019-20 Budget. Any additional spending above the Tynwald approved budget of £200,000 would have required Treasury concurrence planning and Tynwald approval. 1995 The Department subsequently reviewed its priorities, in light of the changing circumstances and the pressure on capital budgets, and agreed that the Ramsey transport interchange could be removed from the capital programme in the 2021 Budget, with a replacement bid for a smaller scheme submitted. Unfortunately, this bid for a smaller scheme was not successful. Within the current capital programme the Department has a budget of £4.5 million per 2000 annum for heritage rail expenditure, and will continue to review the departmental priorities, including options for the Ramsey station site. I will be working with the local authority to find a way to improve facilities for bus and rail passengers on this site, in a way that does not require major expansion or bus storage.
2005 The President: Supplementary question, Mr Hooper.
Mr Hooper: Thank you very much, Mr President. I am not sure if the Minister misspoke there; my understanding is that Tynwald had approved just over a million pounds for the scheme already overall, the £200,000 simply being the amount 2010 that was approved for the 2019-20 year, and if he could just check those figures that would be appreciated. Can the Minister provide us with some information on potential timescales for this proposed smaller development, seeing as it was not successful? And if perhaps he could share with Hon. Members the reason the Treasury gave for this bid not being successful seeing as, from a 2015 Ramsey perspective, actually redevelopment of that bus station site and enhanced provision for passengers at the tram station, I think, would be quite welcome by a lot of people.
The President: Mr Harmer.
2020 The Minister: Thank you. I will obviously check any figures that I have got, but that is the figure I have. Yes, I am very keen to move this forward as soon as we can; there are obviously lots of other competing capital projects in there. I am still keen to move ahead with a smaller scheme, probably nearer the figure that the Member intimated. In terms of that, we are looking to work 2025 with the local authority and within a phased plan which can be undertaken within the existing departmental budget over a number of years, which will obviously address a number of the concerns with the tram station, as well as improving facilities for bus stations when roads are closed for racing. So I am committed to still going ahead.
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10. Student bus fares – Reviewing DOI policy
The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Infrastructure:
Whether he will review his Department’s policy on student bus fares?
The President: Question 10. Again, I call Mr Hooper. 2030 Mr Hooper: Thank you, Mr President. I would like to ask the Minister for Infrastructure whether he will review his Department’s policy on student bus fares?
2035 The President: I call on the Minister to reply.
The Minister for Infrastructure (Mr Harmer): Thank you, Mr President. There are no plans currently for a comprehensive review of student bus fares, which cover students at state schools and at the University College Isle of Man. 2040 However, I would like to explore individual cases with the Member where he has concerns as to whether there are solutions to these problems.
The President: Supplementary.
2045 Mr Hooper: Thank you, Mr President. I would like to thank the Minister for that commitment. Is he aware that the current scheme in place for student school support is actually quite limited? It enables students to travel to and from school or to and from college, but does not enable them to travel to or from a work placement from school or from college. The scheme at present also does not apply to students 2050 who are aged over 19, even if they are still full-time students. Is he also aware that, actually, the costs of the scheme that currently exist, the Go Easy card scheme that exists, is actually quite extortionate when you are looking at students who may not have a great deal of income spare to purchase bus cards that cost in excess of £80 up front in order to get whatever discounts and schemes are available. 2055 So I am disappointed to hear that he not planning a comprehensive review. Really, I think one needs to be considered. Will he consider doing one?
The President: Minister.
2060 The Minister: Thank you, Mr President. I will certainly consider those points that have been raised and to work with the Education Department. Obviously we have been talking around a ‘smarter movement’ policy and that very much will involve Education and Health in those conversations.
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ENTERPRISE
11. COVID-19 TT contingency plans – Question not asked
The Hon. Member for Garff (Mr Perkins) to ask the Minister for Enterprise:
What his Department’s contingency plans are for the TT with regard to the COVID-19 virus; and if he will make a statement?
[Question not asked.]
2065 The President: Hon. Members, we will deal with the remaining Questions for Oral Answer then we return from lunch. The Court now stands adjourned until 2.30 p.m.
The Court adjourned at 1.02 p.m. and resumed its sitting at 2.30 p.m.
ENTERPRISE
12. Social Enterprise – Results of DfE review
The Hon. Member for Ayre and Michael (Mr Baker) to ask the Minister for Enterprise:
What has resulted from the recent review undertaken by the Department into social enterprise?
The President: Now, Hon. Members, we shall now complete the Question Paper as expeditiously as possible, before we turn to the Supplementary Order Papers. 2070 We start with Question 12, Hon .Member for Ayre and Michael, Mr Baker.
Mr Baker: Thank you, Mr President. I would like to ask the Minister for Enterprise what has resulted from the recent review undertaken by the Department into social enterprise? 2075 The President: I call on the Minister for Enterprise, Mr Skelly, to reply.
The Minister for Enterprise (Mr Skelly): Gura mie eu, Eaghtyrane. The Department for Enterprise conducted an information-gathering exercise on social 2080 enterprise to inform a new element of work for the British-Irish Council’s Social Inclusion work stream. Representatives from this group visited the Island in May last year to share best practice. Several local stakeholders recently attended a symposium on supporting social enterprises across the British-Irish Council’s administrations. This event encouraged thinking about policy challenges and future developments. 2085 There is currently no single local or internationally agreed definition of a social enterprise. Social enterprises are financially independent and viable businesses which seek to reinvest a significant proportion of their profits into doing social and/or environmental good. Often they
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will offer training and employment opportunities to disadvantaged groups, encouraging independence, autonomy and social engagement. 2090 The exercise was primarily undertaken for the purposes of informing the British-Irish Council Symposium and having concluded that, there are no specific actions being taken forward at this stage. Instead, we will continue to ensure that social enterprises are eligible, wherever appropriate, for the broad range of support measures the Department operates. Gura mie eu. 2095 The President: Supplementary, Mr Baker.
Mr Baker: Thank you, Mr President, and thank you to the Minister for his Answer there. I am very pleased that the Department did that piece of work in what I think can be an 2100 important part of the Island’s landscape going forward. When the Minister says there are no specific actions being taken forward, I presume that is in relation to the British-Irish Council, but does the Minister think there is an opportunity for the Isle of Man Government to do something to progress social enterprise on the Island to the next stage, in order that they can become an increasingly important part of the Island’s landscape? 2105 The President: Minister to reply.
The Minister: Gura mie eu, Eaghtyrane. Yes, I do believe that there is opportunity, and whilst this work is relatively historic at this 2110 particular moment, clearly economies are changing round the world and, quite frankly, we had been speaking to a number of businesses that had been focused on profit for purpose. The UNESCO Biosphere, which is one of our USPs for the Isle of Man, has attracted interest from other businesses thinking about relocating to the Island, and clearly with regard to our climate change action plan there are opportunities within there too. 2115 So we do believe there is opportunity. What we will do is review our schemes and how we might support those going forward.
EDUCATION, SPORT AND CULTURE
13. Rural schools – Reviewing catchment policy
The Hon. Member for Garff (Mrs Caine) to ask the Minister for Education, Sport and Culture:
If he will review the catchment policy for rural schools?
The President: Question 13. Hon. Member for Garff, Mrs Caine.
Mrs Caine: Thank you, Mr President. 2120 I would like to ask the Minister for Education, Sport and Culture if he will review the catchment policy for rural schools?
The President: I call on the Minister to reply, Dr Allinson.
2125 The Minister for Education, Sport and Culture (Dr Allinson): Thank you, Mr President. The Department does not have a catchment policy as such. The catchment areas are covered in the admissions policy for individual schools. The Department reviews these catchment areas ______1373 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
on a yearly basis as we are aware that some rural schools are based in areas where the age profiles of the community have changed and the numbers enrolling in some rural schools seem 2130 to be decreasing. The Department’s policy is to manage catchment areas to ensure that rural schools remain viable. Thank you.
2135 The President: Supplementary, Mrs Caine.
Mrs Caine: Thank you, Mr President. I thank the Minister for that response, but I would say to him that given the 30% decline over the past 10 years in the population of the Isle of Man, a 30% corresponding decline in a rural 2140 school’s population can make the school roll so small as to impact on pastoral and other activities undertaken by the school. And would he see benefit perhaps in allowing a free catchment area for rural schools to enable a little bit of movement? Even a boost of a small number of extra students would make a large impact. Does he see a value of rural schools remaining in the communities? 2145 The President: Minister to reply.
The Minister: Thank you, Mr President. Well, first of all, I would like to argue against the Hon. Member’s assertion that the Isle of 2150 Man population has decreased by 30%. I do not think that was quite what you meant. But I take her point that decreasing numbers of young children coming into certain rural schools may be a threat to those schools. However, catchment areas can be used to protect a rural school. Also, catchment areas can be used in urban areas to try and balance pupils and facilities and prevent overcrowding or underutilisation. So I do think they have a role. 2155 However, what I would like to say to the Hon. Member is the Department has no policy to close rural schools and wants to work with those teachers to maximise the facilities they can provide to the local communities and personally I will be going round all the schools in the Isle of Man, particularly the rural schools, to ask for those headteachers’ views. Thank you, Mr President. 2160 The President: Hon. Member, Ms Edge.
Ms Edge: Thank you, Mr President. I would just like to ask the Minister, he said that the admissions policy for rural schools … if 2165 they remain viable. So if they are not viable, what is the Minister going to do?
The President: Minister to reply.
The Minister: Thank you very much, Mr President. 2170 The exact words I said were that the Department’s policy is to ‘manage catchment areas to ensure that rural schools remain viable.’ Thank you.
The President: Hon. Member, Mr Cregeen. 2175 Mr Cregeen: Thank you, Mr President. Would the Minister not agree that people from certain areas can make an out-of-catchment requests to a rural school?
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2180 The President: Minister to reply.
The Minister: Thank you, Mr President. I would like to thank the Hon. Member for pointing that out. Again, flexibility and local discretion is extremely important for the Department of Education, Sport and Culture. 2185 The President: Hon. Member, Mr Baker.
Mr Baker: Thank you very much. I would like to thank the Minister for his clear commitment there that the Department has no 2190 policy to close rural schools. Would he agree with me that schools play a very special and integral role in village communities and are essential to a healthy rural environment?
The President: Minister.
2195 The Minister: Thank you very much, Mr President. I would completely agree with the Hon. Member for Ayre and Michael that some of our rural schools are actually the foundations of their local communities.
The President: Hon. Member, final supplementary, Ms Edge. 2200 Ms Edge: Thank you, Mr President. I would just like to ask the Minister, obviously you said you will manage them to make sure they are more viable, what type of management is this going to be?
2205 The President: Minister.
The Minister: Thank you very much, Mr President. That management is flexibility and listening to the local headteachers and the local communities, to make sure we achieve the best outcomes for those local schools. 2210 The President: I will give a further opportunity to the original questioner, Mrs Caine.
Mrs Caine: Yes, thank you, Mr President. A couple of points, please, for the Minister. He says there is flexibility and discretion on the 2215 catchment areas for out-of-catchment requests. But under the Education Bill it is proposed that they would be legally enforceable. So are there any plans to remove that provision? Also, is he aware that a school in Douglas, St Thomas’ Church of England School, is actually promoting smaller class sizes and a nurturing environment? Is it right that a school should be promoting smaller class sizes that has an all-Island catchment? 2220 The President: Minister to reply.
The Minister: Thank you very much, Mr President. In terms of the flexibility and part of the Education Bill which received its First Reading, 2225 certainly that is something the Education Department is looking into to make sure those stipulations, that enabling power, is aimed in the best direction of the Education service. In terms of St Thomas’ School, I am not aware of her comments and what she is alleging the school may be doing. But if she would perhaps like to give me some of the complaints from local parents who send their children there, I would be more than happy to take those up.
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14. On-Island higher education – Plans to provide
The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Education, Sport and Culture:
What plans he has for on-Island higher education provision?
2230 The President: Hon. Member, Mr Moorhouse, Question 14.
Mr Moorhouse: Thank you, Mr President. I would like to ask the Minister for Education, Sport and Culture what plans he has for on- Island higher education provision. 2235 The President: I call on the Minister to reply, Dr Allinson.
The Minister for Education, Sport and Culture (Dr Allinson): Thank you very much, Mr President. 2240 Last year the Department went out to tender to seek a higher education partner for the University College Isle of Man and I am pleased to be able to announce that the University of Chester has been selected. The University of Chester has been working with the Island for many years providing validation and awards higher education programmes, including undergraduate and postgraduate 2245 degrees delivered by UCM on our Island. The partnership, which has been renewed for another 10 years, will see that arrangement being strengthened through an agreement to include a range of improved and expanded projects. UCM currently offer 20 degrees in a range of subjects which are validated and supported by our partner. Further development of these and new degree programmes will take place during 2250 the next few years. This will include courses of both undergraduate and postgraduate level. Plans currently being considered are the development of a climate science and sustainability type programme, an applied arts and wellbeing programme and a cognitive behavioural therapy programme. The Department will discuss further course development needs with the University of Chester and stakeholders over time. 2255 Our partner university will support UCM to expand their research capability and develop the future research based programmes such as at doctoral level. University of Chester will be able to provide support to UCM in their quality assurance and improvement process to ensure delivery of high quality, higher education offer, so that if the Isle of Man in the future wishes to seek taught degree awarding power, groundwork has already been prepared for such an application. 2260 The Principal and Chief Executive have a strategic meeting with the University of Chester in April to further develop the UCM higher education strategy. This will provide planning for growth of higher education student numbers from both resident and non-resident students and in the future we will be able to confer awards through an annual on-Island graduation event with the authority of UCM to conduct such a ceremony, and the University of Chester will 2265 actively support UCM to develop and enhance the higher education student learning experience. Thank you, Mr President.
The President: Supplementary, Mr Moorhouse.
2270 Mr Moorhouse: Thank you, Mr President, and thank you, Minister. In terms of the offering there was a suggestion that courses would run parallel to those currently available at the University of Chester. Is that the case or will the courses be separate?
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Also in terms of the current number of students going to university from the Island to the University of Chester, do you have that figure, please? 2275 The President: Minister to reply.
The Minister: Thank you very much, Mr President. In terms of whether the courses run at exactly the same time to the University of Chester, 2280 that is variable according to the particular course; and in terms of the number of Isle of Man students who go to the University of Chester rather than sit the exams and courses that are being overseen by the University of Chester on the Isle of Man, I do not have those details but I will try to get those to the Hon. Member.
2285 The President: Supplementary, Ms Edge.
Ms Edge: Thank you, Mr President. I do not think the Minister mentioned how long this contract is in place for, just from a security point of view for students. How long is the contract in place for? And you mentioned 2290 that there is an April meeting, when does it come into force, this new arrangement? Will it be before the start of the academic year?
The President: Minister.
2295 The Minister: Thank you very much, Mr President. In the Answer I gave I did point out that this was a 10-year partnership; and in terms of when that comes into play it has just been agreed through an active tendering process between the Department and the University of Chester.
15. Industrial action in schools – Effect on examination support
The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Education, Sport and Culture:
If he will make a statement on how the industrial action in schools is affecting examinations support?
The President: Question 15, Hon. Member, Mr Moorhouse, again. 2300 Mr Moorhouse: Thank you, Mr President. I would like to ask the Minister for Education, Sport and Culture if he will make a statement on how the industrial action in schools is affecting examinations support?
2305 The President: I call on the Minister to reply, Dr Allinson.
The Minister for Education, Sport and Culture (Dr Allinson): Thank you very much, Mr President. Having sought this information from secondary schools, the Department understands that 2310 some teachers, as part of their actions short of strike, are no longer providing out-of-hours revision classes before or after school or in lunch times. The action has also affected some other activities, such as sporting fixtures and the after-school clubs. ______1377 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
However, normal lessons are continuing, and students are being directed toward sources of online support. 2315 It is worth taking this opportunity to consider that such activities are additional to a teacher’s normal workload and contractual obligations. Teachers receive no additional remuneration or time off for offering students such opportunities, and do so purely on a goodwill basis. I am sure Hon. Members would agree with me that we should always be mindful of not taking the hard work and dedication of teachers for granted. (Two Members: Hear, hear.) 2320 Ongoing negotiations are taking place to resolve the dispute, and we would hope to reach a resolution soon. Thank you, Mr President.
The President: Supplementary, Mr Moorhouse. 2325 Mr Moorhouse: Thank you, Mr President, and thank you, Minister. Given the number of GCSE students doing the same syllabus and the amount of on-Island resources, has the Department considered including some of those resources on its website to help students in their revision strategies? 2330 The President: Minister to reply.
The Minister: Thank you, Mr President, and I would like to thank the Hon. Member for bringing this up. 2335 Both in terms of this dispute, but also in terms of the coronavirus pandemic that we are faced with at the moment, the use of online resources will be more and more important. And certainly there is a lot of excellent work being done by head teachers and the Department to provide students with as much resources online as a back-up for any eventuality. Thank you. 2340 The President: Hon. Member, Ms Edge. Ms Edge: Thank you, Mr President. I would just like to ask the Minister – I am pleased that he has just commented on the coronavirus because obviously we are shortly moving into exam period – has the Department 2345 had any discussions with the exam bodies? I am aware of some discussions with exam bodies in the UK, but they are not IGCSE, so could the Minister comment is the Department looking at this seriously for our students?
The President: Minister. 2350 The Minister: The Department is taking this matter extremely seriously. We have already been in contact with the examination boards in terms of perhaps the results of any future industrial action, but also, in association with the United Kingdom Department for Education, we are keen that the exam boards take into account any disruption that may be 2355 caused by the pandemic.
The President: Mr Speaker.
The Speaker: It is similarly associated to the Question; obviously the lack of this sort of 2360 revision facility, does the Minister consider that that will set Isle of Man students at a disadvantage compared to most of their UK counterparts? And is that something that he will be writing to exam boards on as well?
The President: Minister. ______1378 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
2365 The Minister: Thank you very much, Mr President. That is certainly a concern, both for myself and no doubt our large number of parents, and that is something that I have already asked to be pointed out to the exam board, to cover any eventuality in the next couple of months.
2370 The President: Final supplementary, Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President. Just extending that area of concern, in terms of the age profile of exam invigilators, many of them fall into the vulnerable category we mentioned earlier. Is the Department considering that 2375 as a potential issue for the up and coming exams this summer?
The President: Dr Allinson.
The Minister: Thank you very much, Mr President. 2380 As I think the Chief Minister has said, we are entering unchartered waters here in terms of the pandemic. We need to make lots of different considerations, particularly on a week-by-week basis, to deal with any eventuality. One of the key points of the Department is to secure the health and safety both of our pupils and all our staff. So certainly as this pandemic unfolds, and as the risks are calculated, the safety 2385 of teachers, particularly if they are from what would be seen as a vulnerable group, must be paramount, and we must make sure they are not put at unnecessary risk, and the invigilation of exams is done by perhaps other people who will be able to be trained to carry out those functions.
POST OFFICE
16. Post Office Retail Strategy – Economic impact assessment undertaken
The Hon. Member for Ramsey (Mr Hooper) to ask the Chairman of the Post Office:
What economic impact assessment was undertaken before the Retail Strategy was put before Tynwald?
The President: Question 16, Hon. Member for Ramsey, Mr Hooper. 2390 Mr Hooper: Thank you, Mr President. I would like to ask the Chairman of the Post Office, what economic impact assessment was undertaken before the Retail Strategy was put before Tynwald?
2395 The President: I call on the Chairman of the Post Office, Ms Edge.
The Chairman of the Post Office (Ms Edge): Thank you, Mr President. Hon. Members will appreciate the demand-driven strategy approved requires Isle of Man Post Office to adapt services over time in response to changes in customer demand, and the 2400 needs of retailers acting as sub-postmasters ancillary to their own private businesses. Given the evolving nature of the retail network and private businesses involved in providing services on behalf of Isle of Man Post Office and its commercial partners, it was impractical for Isle of Man Post Office to undertake such an assessment. ______1379 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The President: Supplementary, Mr Hooper. 2405 Mr Hooper: Thank you very much, Mr President. So before this retail strategy, which is going to affect the whole Island and which will impact on most of our small, local economies in towns and villages, the Post Office Chairman is confirming that the Post Office Board felt it impractical to do an economic impact assessment. 2410 Can I just confirm that I have that absolutely right?
The President: Chairman to reply.
The Chairman: Thank you, Mr President. 2415 Certainly I am not aware of the Government having any criteria set that an economic impact assessment has to be put forward before bringing anything to Tynwald. So, yes, I am confirming that due to the nature of our business and the numbers of commercial partners, etc. that we have, it was impractical.
2420 The President: Mr Hooper.
Mr Hooper: Thank you very much, Mr President. I hope the Chairman can confirm that an impact assessment was done actually in terms of the impact on the business itself, which would have considered the impact on individual 2425 commercial partners and the impact on service delivery from the Post Office – and I know this because it was subject to an FOI request. So all of the things that the Chairman is telling us would make it impractical, it seems like they did assess the impact of all of those factors already but they just did not assess the impact on the external facing. Again, is that correct? An impact assessment was undertaken that considered internal 2430 factors, factors such as she has laid out, which were specific to the Post Office itself, they just did not feel the need to do an impact assessment on the Isle of Man as a whole?
The President: Chairman to reply.
2435 The Chairman: Thank you, Mr President. The impact assessment that was carried out by Isle of Man Post Office is a requirement of this Government and that was an equality impact assessment and that was carried out in this case. With regard to impacts, obviously as a business bringing forward a strategic business case we look at the impact on our business and on the suppliers who are providing services for Isle of 2440 Man Post Office.
17. Postal charges – Statement on 6th April 2020 increase
The Hon. Member for Onchan (Mr Callister) to ask the Chairman of the Post Office:
If she will make a statement on the increase of postal charges that will come into effect from 6th April 2020?
The President: Question 17. Hon. Member for Onchan, Mr Callister.
Mr Callister: Thank you, Mr President.
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Can I ask the Chairman of the Post Office if she will make a statement on the increase of the 2445 postal charges that will come into effect on 6th January 2020?
The President: I call on the Chairman to reply, Ms Edge.
The Chairman of the Post Office (Ms Edge): Thank you, Mr President. I hope the Hon. 2450 Member means the 6th April 2020, not January. In 2018, the Post Office’s five-year strategy set out the board’s intention to return the business to profit. Our pricing strategy is a key component, which seeks to balance the overall forecast reduction in volume of 8% with increasing costs. The board are conscious of the need to retain value-for-money postage in relation to the 2455 exclusive privilege for the conveyance of letters, while retaining competitive advantage in our parcel pricing structure. While there is an increase, our first class postage remains low compared with neighbouring jurisdictions. For example, our standard letter rate will increase by 5p to 62p. The equivalent first class rate from Royal Mail will increase by 6p to 76p. I do just need to mention we do have to seek approval to any price increases from our 2460 sponsoring Department. Thank you, Mr President.
The President: Supplementary, Mr Callister.
2465 Mr Callister: Thank you, Mr President. Can I ask the Chairman if the board and the senior management are being disingenuous when they boast about having the cheapest first class mail rate at 62p, but fail to acknowledge that Guernsey offers a local letter postage rate at 48p and Jersey offers a local letter rate of 54p, which is there to encourage local businesses and local domestic customers to use their service? 2470 Can I also ask the Chairman if she will consider introducing a local letter rate in the Isle of Man in order for businesses and residents to support the Isle of Man Post Office in the coming weeks and months?
The President: I call on the Chairman to reply. 2475 The Chairman: Apologies, Mr President, I did not quite hear that second question at the end there.
The President: Repeat that. 2480 Mr Callister: I am happy to clarify that, Mr President. What I am asking the Chairman to do is to introduce an Isle of Man local letter rate similar to what is in Guernsey and in Jersey, in order to encourage businesses and local residents to use the Isle of Man post system in the coming weeks and months. 2485 The President: Ms Edge.
The Chairman: Thank you, Mr President. I will just focus on that last point. Obviously I will relay that back to the board and we will 2490 take into any consideration anything that Isle of Man Post Office can do to support during the crisis point that the Island is in. With regard to the pricing structure, and he mentioned Guernsey and Jersey, our pricing structure is always first class mail. So they are offering a local rate which Isle of Man Post Office do not do at the present time. 2495 ______1381 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The President: Mr Hooper.
Mr Hooper: Thank you very much, Mr President. I would like the Post Office Chair to confirm something. She said that they are required to get 2500 the approval of the sponsoring Department before they bring in any changes. My understanding of the Post Office Act is actually they are required legally to consult with the sponsoring Department before they bring in any changes. Can she confirm that my understanding is, firstly, correct and, secondly, can she advise whether or not this consultation actually took place?
2505 The President: Chairman to reply.
The Chairman: Thank you, Mr President. Yes, I can confirm that this consultation took place this year, as it has done in every year. With regard to the Act, I have got it, but yes we do consult and we do get agreement from 2510 the sponsoring Department.
The President: Supplementary, Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President. 2515 In recent months a UK company has heavily promoted their low-cost postage prices. Will this price hike make Isle of Man Post Office’s stance even less attractive for commercial operators?
A Member: Absolutely.
2520 The President: Chairman to reply.
The Chairman: Thank you, Mr President. Obviously our price is cheaper than Royal Mail are offering for our letters; our commercial customers, of whom we have many, deal with us direct and there are contracts in place that we 2525 can do a service to commercial customers. So if there are any commercial customers that the Hon. Member is aware of, they can certainly approach Isle of Man Post Office and we can look at this.
The President: Supplementary question, the Chief Minister. 2530 The Chief Minister: Thank you, Mr President. Would the Hon. Member for Onchan, Chair of the Post board, not agree with me that as the Isle of Man is six times bigger than Jersey and 12 times bigger than Guernsey, then trying to compare the price in Guernsey with the Isle of Man is a little bit embarrassing; that we have to, 2535 whilst we give a good service to the people, the cost of a stamp, the few pence difference, is neither here nor there when you look at the costs involved with the greater transport?
Mr Callister: We are trying encourage business, Chief Minister.
2540 The President: Chairman to reply.
The Chairman: Thank you, Mr President, and yes, thank the Chief Minister for that. Obviously we are a larger operation and we do have costs which have to be considered on an annual basis. And as I said at the opening of my statement, the five-year strategy set out clearly 2545 what the pricing structure would be.
The President: Hon. Member, Mr Baker. ______1382 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Mr Baker: Thank you, Mr President. The Chairman of the Post Office referred in a previous answer to my hon. friend Mr Hooper’s 2550 answer of the consultation that took place with the Department for Enterprise. Could she clarify in what form that consultation took place? If it was documented in writing, would she please circulate it to Hon. Members, and if it did not take place in writing, could she confirm when it took place and who was there?
2555 The President: Chairman to reply.
The Chairman: Thank you, Mr President. The process that takes place is there is obviously a recommendation from the board of Isle of Man Post Office which is then forwarded to our sponsoring Department, the Department for 2560 Enterprise, with regards to our recommendations. What happens at that point within the Department for Enterprise I am not certain of, but I am sure it could be confirmed and as long as the Department for Enterprise are confident that we can circulate any of this and then we have their approval to do it, I am quite happy to circulate to all Hon. Members.
2565 The President: Mr Moorhouse.
Mr Moorhouse: Thank you, Mr President. Do commercial operators get a discount on their postal charges?
2570 The President: Chairman.
The Chairman: Thank you, Mr President. As I said, we have a marketing team and if any commercial customers wish to come forward, obviously it depends on … we do not have a set rate for any volumes of postage, but if a 2575 commercial customer comes forward we will always look at trying to be the most competitive we can be.
The President: Final supplementary I think, Mr Baker.
2580 Mr Baker: Thank you, Mr President. I thank the Chairman for confirming that she is prepared to circulate the documentation. Can she clarify what was received back from the Department for Enterprise in response to whatever the Post Office sent them and can she also circulate that, please?
2585 The President: Chairman to reply.
The Chairman: Thank you, Mr President. I am quite surprised, really, at the Hon. Member’s tone; that he feels that we have not done this in a professional, business-like manner. We certainly have and certainly, I cannot actually 2590 give you the date that we received that, but before any public statement goes out with regard to price increases we would have received the confirmation from our sponsoring Department.
The President: Hon. Members, that concludes the Question Paper.
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Questions for Written Answer
CHIEF MINISTER
18. Lieutenant Governor – Reviewing pay, terms and conditions
The Hon. Member for Rushen (Mr Speaker) to ask the Chief Minister:
Whether any review has been undertaken of the pay, terms and conditions of the Lieutenant Governor ahead of the appointment of a new Lieutenant Governor next year?
The Chief Minister (Mr Quayle): It is intended that the usual five-yearly review of the 2595 Lieutenant Governor’s pay and terms and conditions will take place later this year ahead of the recruitment exercise to recommend to HM The Queen a successor to Sir Richard Gozney in 2021.
19. Financial updates presented to CoMin – Details of occasions since 2017-18
The Hon. Member for Rushen (Mr Speaker) to ask the Chief Minister:
On how many occasions during each of the years, 2017-18, 2018-19 and 2019-20 to date, a financial update, consisting year to date income and expenditure, was presented to Council of Ministers; what form it took; whether they were published, and which minutes relate to them?
The Chief Minister (Mr Quayle): The below listed documents in relation to Government financial updates were submitted by the Treasury and considered by Council on the dates below. 2600 Extracts of Proceedings in Council are routinely published online: https://www.gov.im/about- the-government/council-of-ministers/the-council-of-ministers/council-of-ministers-proceedings/
April 2017 – March 2018
Council meeting Title 12.01.2017 Consolidated Management Accounts to the end of November 2016 12.01.2017 Pink Book 2017-18 02.02.2017 Consolidated Management Accounts to the end of December 2016 02.03.2017 Consolidated Management Accounts to the end of January 2017 30.03.2017 Consolidated Management Accounts to the end of February 2017 29.06.2017 The Light Blue Book 28.09.2017 Isle of Man Government Audited Accounts – Year Ended 31st March 2017 30.11.2017 Provisional Capital Budgets 2018-19 to 2022-23 30.11.2017 Provisional Revenue Budget for 2018-19 to 2020-21 25.01.2018 The Pink Book – Isle of Man Government Budget 01.02.2018 Priority Based Budgeting
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April 2018 – March 2019
28.06.2018 2019-20 Budget Timetable 28.06.2018 Light Blue Book 29.11.2018 Provisional Capital Budgets 2019-20 to 2023-24 29.11.2018 Provisional Revenue Budget for 2019-20 to 2021-22 17.01.2019 Pink Book Budget
April 2019 – March 2020
27.06.2019 Detailed Government Accounts for year ending 31st March 2019 28.11.2019 Revenue Report 28.11.2019 Capital Report 28.11.2019 Budget 2020 – Taxation Measures 19.12.2019 Government Audited Accounts – Dark Blue Book 23.01.2020 The Budget (‘Pink Book’) 2020
The following documents were published on the Government website and on the Tynwald website as part of the relevant Order Papers.
February 2017 Pink Book 2017-18 July 2017 The Light Blue Book October 2017 Isle of Man Government Audited Accounts – Year Ended 31st March 2017 February 2018 The Pink Book – Isle of Man Government Budget July 2018 Light Blue Book February 2019 Pink Book Budget July 2019 Detailed Government Accounts for year ending 31st March 2019 January 2020 Government Audited Accounts – Dark Blue Book February 2020 The Budget (‘Pink Book’) 2020
20. Budget 2020 – Council of Ministers’ consideration
The Hon. Member for Rushen (Mr Speaker) to ask the Chief Minister:
On which dates Council of Ministers considered the 2020 Budget, and what aspects of it were discussed at each meeting?
The Chief Minister (Mr Quayle): Council considered the 2020 Budget, including the Revenue 2605 Report, Capital Report and the Taxation Measures at the meeting (of Council) on 28th November 2019. Council discussed National Insurance measures at the meeting (of Council) on 19th December 2019. Council further considered the final budgetary details for the year 2020 on 23th January 2020 2610 and 30th January 2020 Council noted on 13th February 2020 that a press briefing was to take place in relation to the Budget.
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TREASURY
21. Government financial settlements – Details and costs in last three years
The Hon. Member for Rushen (Mr Speaker) to Minister for the Treasury:
How many instances there have been of settlements, which include a financial element, in respect of (a) personnel issues, (b) procurement, (c) other issues in each of the last three years; and what the total cost was broken down by Department, Board and Government Office?
The Minister for the Treasury (Mr Cannan): The collation and analysis of the information requested is time-consuming and Treasury will be unable to respond within the time period 2615 available. Once Treasury is in a position to respond, an answer will be provided without delay.
22. Budget 2020-21 – Equality Impact Assessment
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for the Treasury:
Whether an Equality Impact Assessment was undertaken on the Budget; and, if so, where it is published?
The Minister for the Treasury (Mr Cannan): The Budget was not subject to an overall Equality Impact Assessment as it is an accumulation of individual proposals. Treasury relies upon each Department and body submitting bids to undertake appropriate Equality Impact 2620 Assessments prior to submission.
POLICY AND REFORM
23. Legislation Act 2015 – Developing a Government Gazette
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for Policy and Reform:
What progress is being made with the development of a Government Gazette, as envisioned by the Legislation Act 2015?
The Minister for the Treasury (Mr Cannan): The accessibility and understanding of our country’s laws is of paramount importance and Hon. Members will be aware that much has been achieved in recent years to improve the accessibility of legislation. When the Gazette was envisaged in 2015, the move to an electronic facility for free public 2625 access to the legislation was a relatively new development. Electronic availability has been continuously developed since its introduction and is now widely used by the legal community, the public and public servants worldwide.
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The Legislation Isle of Man website service (www.legislation.gov.im) provides current and historic versions of Manx primary legislation. It also provides other useful information, such as 2630 the electronic monthly newsletter which supports communication of changes made to the law and, in essence, is an early informal version of the Gazette so far as it relates to the legislative output of Tynwald and the Isle of Man Government. The most recent publication of the newsletter was in February 2020. Hon. Members will also be aware that the Clerk of Tynwald compiles and publishes the 2635 annual lists of statutory documents on the Tynwald website, which provides a portable document format (PDF) view of the secondary legislation as it appeared when it was originally made. Ideally, I would like to see the two systems brought together in one place. I am advised by Her Majesty’s Attorney General that work continues to lay the important foundations for 2640 moving towards a position where all relevant law generated on the Island can be accessed in one place through the www.legislation.gov.im in a fully searchable format, with a point-in-time facility. This will be particularly beneficial to facilitate clarity of the position regarding secondary legislation when it is subsequently repealed, revoked or updated. Unfortunately, whilst the infrastructure to publish certain law is available, and some work is 2645 being undertaken to make preparation for publication of historic secondary legislation documents, as and when time permits, there remains a vast catalogue of historic documents which are not held in modern format and have not been updated with repeals or revocations since they were made. The legislation pertaining to the requirement for the Attorney General to publish an 2650 electronic gazette can be found at section 43 of the Legislation Act 2015, which it should be noted has not yet been brought into force by an Appointed Day Order. It is crucial that this is not done until such time that a resilient system is in place to ensure that the electronic system can be used as the authoritative version of our law. By way of further explanation, this project would require the Attorney General to develop 2655 www.legislation.gov.im to the point that it becomes the Island’s legally binding record of published legislation. That is not a simple job and to undertake the work and arrive at a position where the Attorney has absolute certainty that the published material is correct, he would need to develop more resilience and capacity within his team. It also requires a comprehensive analysis of the extent to which legislation made by Her Majesty in Council or the UK parliament 2660 forms part of the law of the Island. This is no easy task, because although we are familiar with Acts being extended to the Island expressly by Order in Council, an Act of Parliament can also apply to the Island by necessary implication. Hon. Members should also note there are also other implications within the Legislation Act 2015 which are linked to bringing the mandatory publication of an electronic Gazette into force. 2665 For example, section 19 requires that a statutory document made with a date of commencement is valid, but in order for it to commence, it must be published in the Gazette. Mr Attorney informs me that work continues to move towards further additions to the website and when he is in a positon to move forward with the Gazette (which will require proper resourcing), he will consult with stakeholders and the Clerk of Tynwald about the proposed 2670 changes.
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ATTORNEY GENERAL
24. Government non-disclosure agreements – Details for last five years to date
The Hon. Member for Onchan (Ms Edge) to ask HM Attorney General:
How many individual non-disclosure agreements have been entered into by Government Departments, Government Boards and Offices in each of the last five years and the current year to date?
The Attorney General (Mr Quinn): Through my appointment as Her Majesty’s Attorney General I do occasionally become aware that a certain Department, Board or Office is contemplating entering into a contractual obligation which may have an element of confidentiality, and I might sometimes be informed and asked for advice in relation to a specific 2675 non-disclosure agreement (NDA). However; I do not have a statutory role to monitor Departments, Boards or Office holders in this regard. In my experience, NDAs considered in the public service are likely to relate to employment issues, commercial contracts and intellectual property. In contract management and dispute resolution, the rationale and obligations relating to 2680 disclosure can be many and varied. My legal team is sometimes involved in the provision of advice, but there is currently no requirement for organisations to approach me or my team. In respect of the answer to NDAs made relating to employment of public servants, I understand that the Hon. Member was provided with the information in response to a very similar question posed to the Minister of Policy and Reform at the August sitting of this Hon. 2685 Court and a full response was provided. In respect of confidentiality and commercial contracts, I do not have any records in respect of the number of NDAs. If the Hon. Member wishes to secure more specific information relating to NDAs, I would welcome a discussion regarding the most appropriate way to secure that information from the 2690 relevant organisations.
ENTERPRISE
25. Grants and funding to companies – Breakdown by DfE sector since 2016
The Hon. Member for Onchan (Ms Edge) to ask the Minister for Enterprise:
If he will provide a breakdown of all grants or funding to companies in each of the following Department sectors: (a) Digital; (b) Finance; (c) Business; and (d) Visit for each financial year since 2016 to include the budget each payment has been made from?
The Minister for Enterprise (Mr Skelly): The Department publishes details of its financial assistance and investments in the annual report which is laid before Tynwald. The latest report was submitted in November 2019. Publishing details of grants to individual sectors by individual schemes may result in the 2695 potential identification of an individual business grant amount and cannot be provided at the level of detail requested.
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EDUCATION, SPORT AND CULTURE
26. School meal costs – Breakdown by individual school
The Hon. Member for Onchan (Ms Edge) to ask the Minister for Education, Sport and Culture:
If he will provide a breakdown of school meal costs for individual schools by: (a) budget allocation; (b) cost of provisions; (c) salaries; and (d) income?
The Minister for Education, Sport and Culture (Dr Allinson): There have been many changes within the Primary School Catering Team since it was taken back from Health in June 2018 therefore budgets have not been allocated to individual schools, they remain within the Central 2700 Catering Team which is part of Central Finance. However, the 2020-21 budgets are to be allocated to individual schools. The breakdown available is as follows:
Category Budget allocation (a) Actual YTD (Feb 2020) (b) Cost of Provisions £966,378 £837,426 (c) Salaries £1,390,000 £1,159,998 (d) Income (£1,730,522) (£1,298,338) Grand Total £625,856 £699,087
27. Student support since 2017-18 – Free school meals, maintenance grants, tuition fees and student loans
The Hon. Member for Onchan (Ms Edge) to ask the Minister for Education, Sport and Culture:
Pursuant to his Answer to Question 30 in Tynwald February 2020 if the Minister will provide a breakdown of number of students receiving support from each of the budget headings (a) free school meals; (b) maintenance grants; (c) tuition fees; and (d) student loans, for the years 2017-18, 2018-19 and 2019-20 to date?
The Minister for Education, Sport and Culture (Dr Allinson):
Number of students receiving Free School Meals support: 2017-2018 2018-2019 2019-2020 2,298 2,303 2,137 (year to date) Note: Free School Meals numbers show the number of students who were eligible to receive free meals for one or more days during the academic year.
Number of students receiving Tuition Fee support: 2017-2018 2018-2019 2019-2020 1,383 1,364 1,309 (year to date)
Number of students receiving Maintenance Grant support: 2017-2018 2018-2019 2019-2020 404 391 577 (year to date)
Number of students receiving Student Loan support: 2017-2018 2018-2019 2019-2020 819 770 742 (year to date)
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28. DESC expenditure this year – Financial report by month
The Hon. Member for Onchan (Ms Edge) to ask the Minister for Education, Sport and Culture:
Pursuant to his Answer to Question 31 in Tynwald February 2020 if he will provide a month- end financial report for each month of the current financial year?
2705 The Minister for Education, Sport and Culture (Dr Allinson): Month-end reports are linked here as requested: http://www.tynwald.org.im/business/hansard/20002020/t200317_Q28_LinkedReport.pdf
There is no report for August 2019 as the Department generally does not meet in August.
29. School parents’ and options evenings – Taken place and cancelled this academic year
The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to ask the Minister for Education, Sport and Culture:
Which parents’ evenings and option evenings have (a) taken place and (b) been cancelled in this academic year, broken down by school?
The Minister for Education, Sport and Culture (Dr Allinson): The Department for Education, 2710 Sport and Culture is very grateful to all the teaching professionals who provide advice, guidance and information to students and parents sometimes outside their working hours. This professional dedication is greatly valued by parents and pupils. Having requested this information from schools the replies that have been received are collated below:
Anagh Coar Parents’ evenings held in autumn and spring (no cancellations)
Andreas Parents’ evenings held and two planned (no cancellations)
Parents’ evenings held in September, October, and January. Planned parents’ evening in Arbory March has been cancelled.
Ashley Hill Parents’ evenings held in November and more planned for March (no cancellations)
Ballacottier Parents’ evenings held in October (no cancellations)
Parents’ evenings held in November. Planned parents’ evening in March has been Ballasalla cancelled.
Ballaugh Parents’ evenings held in autumn and spring (no cancellations)
Braddan Parents’ evenings held in October and more planned for March (no cancellations)
Bunscoill Ghaelgagh Parents’ evenings held in October and more planned for May (no cancellations)
Bunscoill Rhumsaa Parents’ evenings held in autumn and one held in March (no cancellations)
Cronk y Berry Parents’ evenings held in October and one held in February (no cancellations)
Dhoon Parents’ evenings held in October (no cancellations)
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Foxdale Parents’ evenings planned for March (no cancellations)
Henry Bloom Noble Parents’ evenings held in November (no cancellations)
Jurby Parents’ evenings held in autumn and one planned for June (no cancellations)
Kewaigue Parents’ evenings held in October and February (no cancellations)
Laxey Parents’ evenings held in October (no cancellations)
Manor Park Parents’ evenings held in autumn. Planned parents’ evening in March has been cancelled.
Marown Parents’ evenings held and two planned (no cancellations)
Michael Parents’ evenings held in autumn and one planned for March (no cancellations)
Onchan Parents’ evenings held in February (no cancellations)
Peel Clothworkers Parents’ evenings held in autumn and a second planned for March (no cancellations)
Parents’ evenings held in November. Planned parents’ evening in March has been Phurt le Moirrey cancelled.
Rushen Parents’ evenings held throughout year and formally in March (no cancellations)
Scoill Yn Jubilee Parents’ evenings held in October and one held in February (no cancellations)
St John’s Parents’ evenings held in autumn and a second planned for March (no cancellations)
St Mary’s RC Parents’ evenings held in October (no cancellations)
St Thomas’s Parents’ evenings planned for March (no cancellations)
Sulby Parents’ evenings held in October and one held in February (no cancellations)
Vallajeelt Parents’ evenings held in October and January (no cancellations)
Parents’ evenings held in November. Planned parents’ evening in March has been Victoria Road cancelled.
Willaston Parents’ evenings held in autumn and more planned for spring (no cancellations)
Music Service Parents’ evenings held in November, one held in January (no cancellations)
Ballakermeen High School All planned parents’ evenings and options evenings have taken place (no cancellations)
Castle Rushen High School All planned parents’ evenings and options evenings have taken place (no cancellations)
Queen Elizabeth II High School All planned parents’ evenings and options evenings have taken place (no cancellations)
Ramsey Grammar School All planned parents’ evenings and options evenings have taken place (no cancellations)
St Ninian’s High School All planned parents’ evenings and options evenings have taken place (no cancellations)
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ENVIRONMENT, FOOD AND AGRICULTURE
30. Government Biosphere partners – Departments, Boards and Offices involved
The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Environment, Food and Agriculture:
Which Government Departments, Boards and Offices are Biosphere partners?
The Minister for the Environment, Food and Agriculture (Mr Boot): The Isle of Man 2715 Government commits to a sustainable Isle of Man in its Programme for Government. Organisations that are contributing to a more sustainable Isle of Man by furthering the principle within their organisations can apply to become UNESCO Biosphere Partners. Partners take the UNESCO Biosphere Pledge to protect our natural resources; develop our economy in a sustainable way; support and promote our cultural heritage; make a positive 2720 environmental impact where possible; engage with the local community and/or promote our outstanding living land and seascapes via the mechanism of Biosphere. To date, there are 219 Partners and these include: • Two Isle of Man Government Departments: the Department of Environment, Food and Agriculture and the Department for Enterprise. 2725 • All 37 Isle of Man Government schools and University College Isle of Man. • Isle of Man Constabulary. • Three Boards: Isle of Man Post Office, Manx National Heritage, Manx Utilities. • One sponsored body: The Isle of Man Arts Council. • Government-funded Agency Culture Vannin. 2730 • Four local authorities: Braddan, Douglas, Garff, Port Erin. A Partnership application from another Government Board, the Isle of Man Financial Services Authority, is being processed. Government Departments and Agencies are being encouraged to partner UNESCO Biosphere Isle of Man via the Government’s Sustainability Champions, who are delivering the Single-Use 2735 Plastics Reduction Plan for the Isle of Man Government. UNESCO Biosphere Isle of Man’s Stakeholder Partnership Group (SPG) steers its work locally and is chaired by the Chief Minister, with representation from the Cabinet Office; Department for Enterprise, Department of Education, Sport and Culture and University College Isle of Man; Manx National Heritage; Culture Vannin and Visit Isle of Man, as well as third and private sector 2740 representatives.
31. Motorcycling at Cross Vein – Scientific evaluation of impact on River Neb
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for Environment, Food and Agriculture:
What scientific advice has been taken to ascertain the impact of motorcycle riding at Cross Vein on deposits in the River Neb; whether this will be re-evaluated after a period of exclusion; and when?
The Minister for the Environment, Food and Agriculture (Mr Boot): As background, the quality of Manx rivers has been assessed annually at a range of sites across the Island by the ______1392 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Department since 1995. A ‘General Quality Assessment’ (GQA) category is calculated from the collected data for a number of aspects including biological, chemical and nutrient status. This 2745 analysis presents a ‘snapshot’ of environmental quality for the major rivers and streams of the Island and allows comparison with any future surveys on the Isle of Man In 2018, in conjunction with the Peel Marina Project Board, a programme of monthly water sampling from the River Neb catchment was launched for a period of a year, specifically to assess the levels of dissolved metal concentrations within the catchment and in particular in the 2750 vicinity of Cross Vein Mine. At the time Cross Vein Mine had been proposed as a potential area for disposal of contaminated dredging material from Peel Marina and it was anticipated that this monitoring regime would provide baseline data on levels of contaminants within the catchment which would contribute to future plans for reducing the levels of contaminants within the catchment and the ultimate build-up of contaminated material in Peel Marina. 2755 The sampling results indicated that the concentration of lead in the river water was at its highest at the site closest to Cross Vein Mine, supporting the theory that runoff from the mine is contaminating the watercourse (see graphs below).
Analysis of the water samples for other metals including iron, zinc and manganese similarly demonstrated high concentrations in the upper reaches of the river, indicating that the Foxdale group of mines contributes to the contamination of the Neb catchment and thus the contamination of sediment accumulating in the marina.
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Sampling Map Any regular motorsport activity on bare ground will disturb loose sediment and cause this 2760 metal-contaminated soil to become mobilised and run off into the surrounding catchment especially after heavy rainfall. To specifically assess the impact of motorcycle activity on river quality, additional water samples were collected from streams in the Cross Vein Mine area during a heavy rainfall event in March 2018. The data was used to assess the difference in concentrations of dissolved metals and suspended solids in the streams below the recreational 2765 disturbed area compared to that in streams within an undisturbed, vegetated area. The water samples confirmed that concentrations of dissolved lead at the disturbed area were five times higher than within streams below the undisturbed vegetated area. The results are presented below:
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To further advise the Peel Marina Project Board in its consideration of how best to safely 2770 dispose of contaminated marina silt, in spring 2019 DEFA collected a series of soil samples from various locations with the vicinity of Cross Vein Mine. The locations are shown in the map below and the full results are presented in the graphs that follow.
DEFRA guidance (randd.defra.gov.uk/Document.aspx?Document=10333_TGS_Pb_FINAL.PDF) states that normal background concentrations (NBC) of lead may vary from 820 mg/kg in urban areas to 2,400 mg/kg in mineralisation areas.
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2775 The lead levels in the soil samples collected from Cross Vein Mine are significantly higher than this, with a range from 2,353 mg/kg to 311,512 mg/kg. Only site 1 is below this level with most sites between 20 and 30 times higher than the reference concentration. More recently further investigation into the individual mines and more water samples from the upper reaches of the Foxdale stream have been collected by DOI officers to contribute to the 2780 work of the Peel Marina Project Board. Officers from DOI continue to monitor the level of contaminants arising from Cross Vein Mine as part of Phase 2 of the Peel Marina project, and I can confirm that there are no plans to re- open this site for motorsport activity in the foreseeable future.
32. Corporate Services budget allocation – Expenditure in last four years
The Hon. Member of the Council, Mrs Lord-Brennan, to ask the Minister for Environment, Food and Agriculture:
What the expenditure was under the Corporate Services budget allocation for each of the last four years?
The Minister for the Environment, Food and Agriculture (Mr Boot): The expenditure (NET) 2785 under the Corporate Services budget allocation for the last four financial years is as follows: • 2015-16 – £949,797.34 • 2016-17 – £1,223,838.88 • 2017-18 – £1,458,968.21 • 2018-19 – £1,707,161.60 2790 The budget increase over the four-year period is mainly due to staffing costs – either relocation of staff from within the Department, or the additional/new posts added including certain OFT administrative posts and Brexit-related posts.
33. Decisions regarding statutory regulatory functions – DEFA governance, approval and policy processes
The Hon. Member of the Council, Mrs Lord-Brennan, to ask the Minister for Environment, Food and Agriculture:
What decisions and approvals related to statutory regulatory functions also pass through DEFA governance, approval and policy processes; and under what powers this is done?
The Minister for the Environment, Food and Agriculture (Mr Boot): The statutory regulatory functions within the Department are wide and varied. The regulatory functions exist in four of 2795 the Department’s Directorates as illustrated in the table below, along with the lines of liaison regarding relevant prosecutions.
Regulatory Functions – DEFA Enforcement Divisions Key liaison points Environmental Health Local Authorities, Attorney General’s Chambers (AG’s) Health and Safety at Work Inspectorate AG’s Environmental Protection AG’s Animal Health AG’s ______1397 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Fisheries AG’s Planning/Building Control AG’s Forestry AG’s Office of Fair Trading AG’s Road Traffic Licensing Committee (DOI) AG’s, Police
Each of the above areas cover large rafts of legislation. The Department has operational policies and strategies in place which, along with political leadership, provide the governance for our approach to enforcement issues. However, the OFT and the RTLC are not part of the 2800 Department and therefore undertake their own governance with regard to such matters, though officer governance is under the leadership of the Department under agreements signed with each organisation. The Department has an overall Enforcement Policy which is used throughout the divisions. The Department would welcome a visit from the Hon. Member to allow us to provide an 2805 overview of how the Department functions.
34. Contaminated materials at Cross Vein Mine – Action to mitigate and spread, over past 10 years
The Hon. Member of the Council, Mrs Lord-Brennan, to ask the Minister for Environment, Food and Agriculture:
What actions the Department has taken (a) to mitigate and (b) to contribute to the spreading of contaminated materials related to the Cross Vein Mine, over the past 10 years?
The Minister for the Environment, Food and Agriculture (Mr Boot): Since May 2017, DEFA and DOI have worked jointly under the Peel Marina Project Board (PMPB) to identify the best solutions for the accumulations of contaminated sediment in Peel Marina. This has included extensive research and sampling work and up until autumn 2019, Peel 2810 Marina Dredging Phase 1B intended to transfer the dredged material to cap the exposed area at Cross Vein Mine (CVM). However, due to the costs of any pre-treatment and programme risks of placing the material without pre-treatment at CVM, this proposal has now been reconsidered and it is proposed that the dredged material will be transferred to the new Strategic Waste Landfill Facility at Turkeylands Old Quarry. 2815 The PMPB has recently sought proposals from specialist consultants to look at the long-term solution for the sedimentation problems associated with Peel Marina (Phase 2). Options to be reviewed include silt reduction and heavy metal reductions at source. This will include the Cross Vein Mine area. In February 2020, the PMPB invited the UK Coal Authority (due to their having the necessary 2820 level of expertise not available in-house), to meet and visit site and provide initial advice. Their visit included consideration of the best way to manage Cross Vein Mine to minimise the loss of heavy metals into the River Neb. We are awaiting their report, however, in the light of those conversations, the public access to the area has been stopped with a view to allowing surface stabilisation which is an essential precursor of reducing run off and minimising public health 2825 concerns around potentially inhaling the dust-borne contaminants. The work my Department has done on the Cross Vein Mine site over the last 10 years has been limited to mainly fencing repairs due to criminal damage where motorised access has been gained to the fenced-off area of spoil and wider environmentally sensitive hill which led to a prosecution under section 28 of the Road Traffic Act. 2830 However, there is clear evidence from aerial imagery to indicate that if the site is left undisturbed, natural heath regeneration takes place. This can be seen in the following photos: ______1398 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Officers within the DEFA Lands team have been undertaking a series of small scale site remediation trials to determine the best means of successfully re-vegetating the contaminated spoil area, and these are ongoing. Vegetation re-growth without disturbance will effectively bind 2835 the sediment and therefore the contaminants into the soil thus significantly reducing the level of run-off into the rivers and streams. Several ecological studies are ongoing within the area and these have indicated the presence of several species of conservation interest including scarce ferns which grow on old mine site grasslands, known as calaminarian grasslands, and protected species such as orchid species and 2840 viviparous lizards.
HEALTH AND SOCIAL CARE
35. Consultant cardiologist recruitment – Surgical procedure competencies required
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for Health and Social Care:
What technical competencies relating to surgical procedures are required when recruiting consultant cardiologists at Noble’s?
The Minister for Health and Social Care (Mr Ashford): Noble’s Hospital does not undertake cardiac surgery. The only interventional procedures undertaken by cardiologists employed by Noble’s Hospital are implantation of cardiac devices (i.e. pacemakers, internal cardiac defibrillators etc.).
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2845 Currently we have no service on Island for implantation of cardiac devices, with all patients receiving initial treatment at Liverpool Heart and Chest Hospital with follow up undertaken by the Cardiac Physiology Department at Noble’s Hospital. Noble’s Hospital is currently advertising a permanent consultant cardiologist post with a special interest in heart rhythm management, which will specialise in pacemaker and other 2850 cardiac device implantation. The post is a joint appointment with Liverpool Heart and Chest Hospital. We are expecting applicants to the post to show as part of their application a comprehensive logbook of cases so that we are assured that they are competent to undertake a range of device implantation procedures to enable the pacemaker and cardiac device implantation service to be 2855 recommenced on Island. The job pack relating to the current post is linked here for information: http://www.tynwald.org.im/business/hansard/20002020/t200317_Q35_LinkedReport.pdf
INFRASTRUCTURE
36. Bus timetable changes – Publicising DoI applications to RTLC
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for Infrastructure:
Whose role it is to publicise applications by the Department to the Road Transport Licensing Committee regarding changes to the bus timetable; when this happened in connection with the most recent changes; and what representations were received as a result?
The Minister for Infrastructure (Mr Harmer): Any substantive change to the timetable of a regular service licence (a bus timetable) requires the applicant to apply to the RTLC for it to be 2860 approved. Such an application takes the form of a variation of the regular service licence. These applications must be advertised in the circular which is published by the RTLC on a regular basis as per section 12 of the Road Transport Regulations 2018 (‘the 2018 Regulations’). This is called an AD&N Circular. Section 18 of the 2018 Regulations states that the RTLC must send copies of this circular to 2865 the Department of Infrastructure (the Department responsible for the legislation), the Chief Constable, each local authority and such representative bodies as considered appropriate by the RTLC. There is also an extensive mailing list of interested parties who receive a copy of the circular. Any person that wishes to can be added to this mailing list. Each circular is also posted on the RTLC’s website. 2870 The RTLC has no legislative requirements to publicise the applications further. This responsibility lies with the applicant. The most recent changes were advertised in AD&N Circular 505 where eight separate regular service licence applications were notified. Seven involved substantive changes to bus timetables and were variation applications; one was for a new regular service licence. No objections or 2875 representations were received to any of the applications and they were approved at the RTLC meeting held in public on 18th December.
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37. Equality Impact Assessment of bus services – Timetable changes and vehicle purchases
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for Infrastructure:
If he will publish the Equality Impact Assessment relating to bus service provision, with special reference to the timetable changes and vehicle purchases?
The Minister for Infrastructure (Mr Harmer): The Equality Act does not require Bus Vannin to undertake an impact assessment in relation to either timetable changes or vehicle purchases. Timetable changes are subject to independent review by the RTLC. Bus purchases are of 2880 vehicles certified to the international standards set by the United Nations under ECE R107. This requirement is incorporated in Manx law which requires vehicles to be registered to be approved to Whole Vehicle Type Approval. These regulations include standards of access for the mobility impaired. Bus service provision standards are a policy matter. The Department will be bringing forward 2885 a new policy statement on Smarter Movement which will clarify the Department’s approach to demand, income, connectivity and social provision.
38. Lord Street site development – Steps to further and time targets
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for Infrastructure:
What steps have been taken to further the development of the Lord Street site; and what milestone time targets there are between now and completion?
The Minister for Infrastructure (Mr Harmer): The final date for completion of the land transaction is 4th May 2020. The agreement for lease contains the following obligations on the developer: 2890 That the developer should use their ‘reasonable endeavours to procure’ that completion of the construction of the bus facilities occurs within 24 months from completion of the sale. That the developer should use their ‘reasonable endeavours to procure’ that practical completion (of their development of the whole site) takes place within 36 2895 months from completion of the sale. The date for the Agreement for Lease will be on 4th May 2020 and the lease for the bus facilities will be entered into 20 days after completion of the construction of the bus facilities.
39. Bus Wi-Fi contract – Performance criteria and penalties for not meeting
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for Infrastructure:
What performance criteria were included in the Bus Wi-Fi contract in terms of (a) availability; (b) coverage; and (c) connection speed; and what penalties are included where standards are not met?
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The Minister for Infrastructure (Mr Harmer): The Bus Wi-Fi hardware is a robust, market- proven solution designed specifically for buses in the transport industry. The original support 2900 agreement covers both the hardware units and the SIMs to provide internet access. The support agreement for Bus Wi-Fi includes usage statistics and enables the Department to access a portal which provides a range of management information relating to availability. The portal can report on performance criteria such as how long a device has been online (Uptime) however, this resets every time the hardware device powers down when the bus engine is 2905 switched off. The support agreement also includes hardware replacement if there is a fault with a unit. The coverage for internet connectivity is provided over a 4G network and the strength of the Wi-Fi signal and the connection speed provided by the units are designed specifically for buses. There is no usage cap per user and the solution provides unlimited data (with web-filtering). The 2910 management information reports on a range of criteria relating to subscribers and data usage. Statistics include number of sessions, number of unique users, average time online, average data downloaded/uploaded and total data downloaded/uploaded. The support agreement does not include penalties, however, the support package includes hardware replacements, field engineer visits, 24 hour support, Technical Account Manager, SIM 2915 management and system upgrades. Since the original agreement, new buses arrived with the updated equipment already fitted as standard. The Department has had considerable difficulty with the new equipment and two of the 12 units supplied last year have been returned to the manufacturer under warranty. These difficulties have now been resolved with a firmware update to the new units meaning that they 2920 are now able to report into the existing management system. This update is being rolled out across the 12 vehicles affected and will be implemented on all new vehicles, making sure that a good service is available to passengers irrespective of the vehicle on which they are travelling. The roll out is expected to take place today (17th March).
40. Footpath repairs in 2020 Budget – Funds allocated, priority areas and metres’ worth of pavement
The Hon. Member for Rushen (Mr Speaker) to ask the Minister for Infrastructure:
How much has been allocated in the 2020 Budget for repairing footpaths; what the priority areas are; and how many metres’ worth of pavement will be repaired in the period?
The Minister for Infrastructure (Mr Harmer): The budget for 2020-21 is expected to be 2925 £464,528. This is £150,000 more than last year’s £314,528* reflecting the Department’s wish to invest more in footway maintenance to support active travel and public wellbeing. Last year approximately 13,500 m of footway were maintained. The priorities for footway work are usually derived from the Highways Asset Management System, where defects from inspections and complaints are recorded, supplemented by local knowledge on condition and 2930 footfall. The priority current list is noted below but this will be amended in the coming months to reflect information drawn from the latest pedestrian environment assessments.
*This is an overestimate as staff are sometimes redeployed on to other duties, such as attending a weather event.
Town/Village Address Santon New Castletown Road Douglas The Quay St John’s A3 Ballig Bridge to Glen Helen St John’s Patrick Road
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Douglas Primrose Avenue Douglas Grosvenor Avenue Douglas Market Street Douglas Kensington Avenue Douglas Green Lane Douglas Victoria Street Ramsey Ormly Avenue/Ormly Grove Ramsey Rheast Mooar Avenue Ramsey Hope Street Ramsey Killeaba Mount Ramsey Beaumont Road Ramsey Brookfield Avenue Ramsey Summerland Ballaugh Main Road Crosby Old Church Road Glen Tramman Lezayre Road Andreas Crellins Grove Sulby St Stephen’s Meadow Peel Queens Drive Peel Corrins Lane Sulby Ballamanagh Close
41. Landlord Registration (Private Housing) Bill – Progress
The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Infrastructure:
If he will provide an update on progress with the proposed Landlord Registration (Private Housing) Bill; and when he intends it to enter into the Branches?
The Minister for Infrastructure (Mr Harmer): The Bill continues to be drafted between the Department and the Attorney General’s Chambers. Alongside this the first of the supporting regulations, Minimum Standards, have also been drafted and are in the process of being 2935 reviewed by the Department’s Public Estates and Housing Division. The Department is also drafting a public consultation on the proposed Bill, which will be published in due course. It is expected that, following consultation and completion of the Bill, it will be sent into the Branches later this year.
42. Veteran and historic vehicles – Number licensed in last five years
The Hon. Member for Douglas Central (Mrs Corlett) to ask the Minister for Infrastructure:
How many (a) veteran and (b) historic vehicles have been licensed in each of the last five years?
2940 The Minister for Infrastructure (Mr Harmer): The Department does not hold historic data on the number of vehicles that qualify for these reduced rates of duties. Annual data held is for the total number of vehicles in each category, such as cars, motorcycles or heavy goods vehicles.
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The database changes daily as vehicle licences are taken out or expire and as vehicles become eligible for these reduced rates. As of 11th March 2020 there were: 2945 (a) 2,797 veteran vehicles licensed; and (b) 2,186 historic vehicles licensed.
POST OFFICE
43. Post Office Retail Division, 2018-19– Breakdown of personnel costs for salaries, NI and pensions
The Hon. Member for Ayre and Michael (Mr Baker) to ask the Chairman of the Post Office:
Pursuant to the Chairman’s Answer to Question 3, in the House of Keys on 11th February, if she will provide a breakdown of the personnel cost attributed to Retail Division for the financial year ended 31st March 2019 by (a) salaries; (b) allowances; (c) Employer’s National Insurance; and (d) the current service cost of pensions, calculated in accordance with FRS 102?
The Chairman of the Post Office (Ms Edge): The breakdown requested is provided in Table 43A below. The analysis aggregates personnel costs employed directly by the Retail Division, and the 2950 personnel costs of shared service functions providing services to the Retail Division. With respect to shared service functions the information has been extracted from time recording records; a process introduced within Isle of Man Post Office ‘Shared Services’ from 1st April 2018 which is evolving as we transform the business.
Table 43A Breakdown of the personnel cost attributed to Retail Division for the financial year ended 31st March 2019:
2018-19 £’000 (a) Salaries 939 (b) Allowances* 6 (c) Employer’s National Insurance* 76 (d) Pensions*/** 187
Total 1,208
*As salaries are an aggregate of directly employed Retail Division personnel and the personnel cost of attributable shared services it is impractical to accurately determine these costs. The IOMPO effective rate for 2018-19 has been used. **An estimate of the 'Current Service Cost' calculated in accordance with FRS102.
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44. Post Office Retail Division, 2018-19 – Breakdown of personnel costs for sub-post office and counter staff
The Hon. Member for Ayre and Michael (Mr Baker) to ask the Chairman of the Post Office:
Pursuant to the Chairman’s Answer to Question 3, in the House of Keys on 11th February, if she will provide a breakdown of the personnel cost attributed to Retail Division for financial year ended 31st March 2019 by (a) the provision of divisional management and support to sub-post offices; (b) cashier service; (c) IOMPO counter staff; (d) driving and vehicle licensing staff; (e) the attributable cost of shared service staff; and (f) other?
The Chairman of the Post Office (Ms Edge): The breakdown requested is provided in 2955 Table 44A below. With respect to the ‘Attributable cost of shared service staff’ reported in the analysis, the information has been extracted from time recording records; a process introduced within Isle of Man Post Office ‘Shared Services’ from 1st April 2018, which is evolving as we transform the business.
Table 44A Breakdown of the personnel cost attributed to Retail Division for financial year ended 31st March 2019 by:
2018-19 £’000 (a) [Divisional management]* (b) [Cashier service]* (c) IOMPO counter staff (including customer services) 235 (d) Driving & vehicle licensing staff 276 (e) Attributable cost of shared services staff 697 (f) Other 0
Total 1,208
*These costs have been included within 'IOMPO counter staff' to avoid disclosure of individual remuneration.
45. Post Office HQ posts in last 10 years – Cost of shared service staff by area
The Hon. Member for Ayre and Michael (Mr Baker) to ask the Chairman of the Post Office:
Pursuant to the Chairman’s Answer to Question 3, in the House of Keys on 11th February, if she will provide a breakdown of the attributable cost of shared service staff, by (a) customer services; (b) finance; (c) compliance; (d) IT; (e) marketing; (f) commercial; (g) human resources; (h) stakeholder relations; and (i) other?
2960 The Chairman of the Post Office (Ms Edge): The breakdown requested is provided in Table 45A below. The information provided has been extracted from time recording records; a process introduced within Isle of Man Post Office ‘Shared Services’ from 1st April 2018, which is evolving as we transform the business.
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Table 45A Breakdown of the attributable cost of shared service staff (to the Retail Division) for the year ended 31st March 2019 by:
2018-19 £’000 (a) [Customer services]* (b) Finance 123 (c) Compliance 77 (d) IT 213 (e) Marketing 27 (f) Commercial 22 (g) Human resources 26 (h) [Stakeholder relations]** (i) Other (including Stakeholder relations)** 209
Total 697
*Customer services is a joint resource with counter staff. ‘Customer services’ cost is included within the direct personnel cost of the Retail Division and is not a ‘shared service’. **The cost of stakeholder relations is not separately recorded and is included within ‘Other.’
OFFICE OF FAIR TRADING
46. Airline travel profiteering – OFT powers to prevent
The Hon. Member for Rushen (Mr Speaker) to ask the Chairman of the Office of Fair Trading:
Whether the OFT has adequate powers to prevent profiteering in the airline travel sector?
2965 The Chairman of the Office of Fair Trading (Mr Perkins): Whilst the Isle of Man Office of Fair Trading (‘the OFT’) has the power to investigate prices of major public concern, including instances of alleged profiteering, any sanctions lie with the Council of Ministers. The relevant provisions can be found in Part 2 (Anti-Competitive Practices and Prices) of the Fair Trading Act 1996 (‘the Act’). 2970 Under section 19 (Investigations of prices), the OFT may carry out an investigation into any price, with a view to providing Council with information relating to that price, if it is satisfied that the price in question is one of major public concern. In determining whether a price is one of major public concern, the OFT shall have regard to whether: 2975 (a) the provision or acquisition of the goods or services in question is of general economic importance; or (b) consumers are significantly affected, whether directly or indirectly, by the price. On completion of an investigation, the OFT shall make a report on the investigation to the Council of Ministers: 2980 (a) stating its findings of fact which are material to the information which it provides; and (b) containing such additional observations (if any) as it considers should be brought to the attention of Council as a result of the investigation. The report shall be laid before Tynwald.
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Under section 19A (Price references), where it appears to Council, after considering a report 2985 of the OFT, that any person resident or carrying on business in the Island has charged or charges an excessive price for any goods or services, it may make a price reference to a commission. A ‘price reference’ is where Council refers to a commission, for investigation and further report, the question as to whether any person subject to the reference was at any time during the period of 12 months ending on the date of the reference charging an excessive price or 2990 prices for goods or services specified in the reference. A ‘commission’ is such Department or Statutory Board, or such other person or persons, as Council thinks appropriate. Under section 19B (Undertakings following report on price reference), in any case where: (a) the report of the commission on a price reference concludes that any person specified in 2995 the report was charging an excessive price or prices for goods or services specified in the reference, and (b) it appears to Council that that person or any other person specified in the report ought to charge a lower price or prices for those goods or services, Council may by notice in writing request the OFT to seek to obtain from the person or, as the 3000 case may be, each of the persons specified in the notice an undertaking to charge a lower price or prices for those goods or services. Under section 19C (Orders following report on price reference), if, in any case where the report of a commission on a price reference concludes that any person specified in the report was charging an excessive price or prices for goods or services specified in the reference: 3005 (a) Council has not requested the OFT to seek to obtain undertakings from one or more of the persons so specified, or (b) following such a request, the OFT has informed Council that a person from whom it has been requested to obtain an undertaking is unlikely to provide an undertaking, or has not done so, within a reasonable time, or 3010 (c) the OFT has informed Council that an undertaking accepted by it from a person specified in the report has not been or is not being fulfilled, Council may, if it thinks fit, make an order, which, subject to approval by Tynwald, requires a person named in the order not to charge, without the consent of OFT, for goods or services specified in the order a price or prices exceeding the price or prices specified in or determined in 3015 accordance with the order. An order may extend so as to limit the prices charged for goods or services to be supplied under agreements already in existence on the date on which the order is made but shall not affect the prices charged for goods and services supplied before that date. No criminal proceedings shall lie against any person contravening an order but compliance 3020 with an order shall be enforceable by civil proceedings at the suit of the Attorney General for an injunction or other appropriate relief. In summary, the OFT does not itself have adequate powers to prevent alleged profiteering in the airline travel sector, however, sanctions, i.e. obtaining undertakings through the OFT or making orders limiting prices, currently lie with the Council of Ministers. 3025 The proposed Competition Bill, which is in the ‘Programme for Government’ (and shortly will be coming forward in another place) will replace Part 2 of the Act and will, inter alia, prohibit conduct that amounts to abuse of a dominant position within any market in the Island for goods or services. Such conduct may, in particular, constitute such an abuse if it consists of directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions. Any 3030 sanctions, including public censure, imposing financial penalties and ordering restitution, then will lie with the OFT and not the Council of Ministers.
______1407 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Announcement of Royal Assent – Church Representation and Ministers Measure (Isle of Man) 2020; Public Sector Pensions (Amendment) Act 2020
The President: Before we turn to anything else, I shall announce that Royal Assent has today been given to the Church Representation and Ministers Measure (Isle of Man) 2020; and the 3035 Public Sector Pensions (Amendment) Act 2020.
Supplementary Order Paper No. 1
1. Standing Orders suspended to allow supplementary Items 2 to 8
The Minister for the Treasury to move:
That Standing Orders be suspended to the extent necessary to allow Items 2 to 8 on Supplementary Order Paper No. 1 to be taken.
The President: We turn now to our two Supplementary Order Papers. Item 1 on Order Paper No. 1 is to move the Suspension of Standing Orders. I call on the Minister for Treasury.
3040 The Minister for the Treasury (Mr Cannan): Mr President, I move that Standing Orders be suspended to the extent necessary to allow Items 2 to 8 on Supplementary Order Paper No. 1 to be taken.
The President: The Chief Minister. 3045 The Chief Minister (Mr Quayle): Thank you, Mr President, I beg to second.
The President: Is that agreed, Hon. Members?
3050 Members: Agreed.
2. Papers laid before the Court
The President: Item 2, laying of papers.
The Clerk: I lay before the Court the papers listed at Item 2 of the Supplementary Order Paper No. 1. 3055 Ta mee cur roish y Whaiyl ny pabyryn enmyssit ayns ayrn jees jeh’n Chlaare Obbyr Arbyllagh Earroo nane.
Financial Provision and Currency Act 2011 Coronavirus Sick Pay Compensation Scheme 2020 [SD No 2020/0155] [MEMO]
______1408 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Social Security Act 2000 Social Security Contributions and Benefits Act 1992 (Application) (Amendment) Order 2020 [SD No 2020/0143] [MEMO] Social Security Contributions and Benefits Act 1992 (Application) (Amendment) (No.2) Order 2020 [SD No 2020/0154] [MEMO]
Social Security Contributions and Benefits Act 1992 Social Security (Contributions) (Amendment) (No.2) Regulations 2020 [SD No 2020/0084] [MEMO]
Social Security Administration Act 1992 Social Security Legislation (Contributions) (Amendment) (No.2) Order 2020 [SD No 2020/0085] [MEMO]
The remaining item is not the subject of motions on the Order Paper
Document subject to negative resolution
European Communities (Isle of Man) Act 1973 Official Controls (Plant Health) Regulations 2020 [SD No 2020/0150] [MEMO]
3. Contingency Fund and coronavirus – Expenditure approved
The Minister for the Treasury to move:
(1) That Tynwald approves the transfer of £40,000,000 from the General Revenue Operating Account in respect of the financial year 2019/20 to the Contingency Fund. (2) That Tynwald notes the intention of the Treasury to expend such sums as it requires to respond to the Coronavirus.
The President: Thank you. We turn to Item 3, Contingency Fund, motion in the name of the Minister for Treasury, Mr Cannan.
3060 The Minister for the Treasury (Mr Cannan): Mr President, to deliver the measures I have outlined today and those that will be required in the following weeks and months it is vital that we stand ready with sufficient funds to support businesses, citizens and the economy generally. I am therefore seeking Tynwald’s approval to move £40 million from our Operating Account this year to the Contingency Fund to bring the total available to £47 million in that fund. 3065 I can confirm that we are able to meet this requirement through our internal cash reserves and we have no need to draw on our external reserves. In accordance with our normal procedures the amounts expended from the fund will be disclosed in our annual accounts. Mr President, I beg to move the motion standing in my name. 3070 The President: Hon. Member, Mr Shimmins.
Mr Shimmins: Thank you, Mr President, I beg to second.
3075 The President: Mr Speaker. ______1409 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The Speaker: Thank you. With regard to the Contingency Fund, I am obviously happy to support this motion. I think it is just important that we know what the purpose and the objectives are of the fund, and what reporting mechanism is going to be used to take account of the money. 3080 I think we can all accept that there are very good reasons for spending this money in a time of national emergency, and I just want to make sure that there will be some follow-up reporting down the line about how the money has been used, what form that will take and when.
The President: Hon. Member, Mr Robertshaw. 3085 Mr Robertshaw: Thank you, Mr President. Can I wish the Treasury Minister well in pursuit of trying to carefully use this money to good effect? It is a tremendous challenge and clearly a difficult one, and we will follow progress with great interest. 3090 Thank you.
The President: I call on the mover to reply, Mr Cannan.
The Minister: Thank you, Mr President. 3095 I take the Speaker’s point, there clearly has to be some accountability back to Tynwald in terms of how this has been used. I do undertake and I will be happy to report back to Tynwald at some point in the next three months as to how this money has been used. Although I would point out, and to just pick up on the point raised by Mr Robertshaw, I was clear with Tynwald this morning that I am not convinced this will be enough money. The situation is moving 3100 incredibly quickly and, as I said, we will be meeting with various business leaders tomorrow. A new Economic Response Committee has been formed. At the moment officers connected with both the Department for Enterprise and Treasury are trying to get a broader strategic overview of our objectives to protect jobs, to protect businesses and to protect the health of the nation and it is my intention to make a further public statement, Mr President, next Tuesday. 3105 As I have also outlined this morning that, if necessary, we will be asking your permission to recall Tynwald if we need to bring forward further funding and further schemes as appropriate to do our very best to protect jobs, businesses and the health of this nation.
The President: I put the motion at Item 3 in the name of the Treasury Minister. Those in 3110 favour, say aye; against, no. The ayes have it.
A division was called for and electronic voting resulted as follows:
In the Keys – Ayes 22, Noes 0
Mr Ashford AGAINST Mr Moorhouse None Dr Allinson Mr Baker Mrs Barber Mr Boot Mrs Caine Mr Callister Mr Cannan Mrs Corlett Miss Costain Mr Cregeen Ms Edge Mr Harmer
______1410 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Mr Hooper Mr Peake Mr Perkins Mr Quayle Mr Robertshaw Mr Shimmins Mr Skelly Mr Speaker
The Speaker: Mr President, in the Keys, 22 for and no votes against.
In the Council – Ayes 8, Noes 0
FOR AGAINST Miss August-Hanson None Mr Greenhill Mr Henderson The Lord Bishop Mrs Lord-Brennan Mr Mercer Mrs Poole-Wilson Mrs Sharpe
The President: And in the Council 8 for and no votes against. The motion carries unanimously.
4. Financial Provision and Currency Act 2011 – Coronavirus Sick Pay Compensation Scheme 2020 approved
The Minister for the Treasury to move:
That the Coronavirus Sick Pay Compensation Scheme 2020 [SD No 2020/0155] [MEMO] be approved.
The President: Item 4, Financial Provision and Currency Act. Minister for the Treasury to 3115 move.
The Minister for the Treasury (Mr Cannan): Thank you, Mr President. The Coronavirus Sick Pay Compensation Scheme will provide compensation to an employer who makes a discretionary sick pay payment to an employee entering self-isolation during this 3120 pandemic. This measure recognises that in certain instances an employer may be unable to pay an employee sick pay during a period of self-isolation because self-isolation does not meet the criteria for sickness absence under the employer’s sick pay scheme. The Scheme encourages employers who are in this position to make discretionary sick pay payments to a self-isolating 3125 employee. Compensation can then be sought in respect of a payment from the Department for Enterprise, which will be administering the Scheme on behalf of the Treasury. Compensation will be available at a rate of £20 per day up to a maximum of 14 working days during a two-week period. Where an employee works shift patterns, the number of working days which are eligible for compensation during the two-week period will take into account the 3130 employee’s working pattern over the previous eight weeks. Hon. Members, this Scheme seeks to mitigate some of the cost to businesses of employee self-isolation. It is intended to assist employers who may find themselves in an extremely
______1411 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
challenging position where they have to make a decision about whether or not they can afford to support self-isolating staff. 3135 Along with other measures being introduced today by myself and the Minister of the Department for Enterprise, I hope this Scheme will go somewhere to reassuring local businesses in the Island and the Island’s working population that the Government is doing all it can and is willing to do all it can to support them during this uncertain time. I beg to move. 3140 The President: Hon. Member, Mr Peake.
Mr Peake: Thank you, Mr President. I beg to second. 3145 The President: Hon. Member, Mr Hooper.
Mr Hooper: Thank you, Mr President. Just two questions for the Minister. The first one: the order actually does not reference 3150 which Department, so I am glad that he has confirmed that it is the Department for Enterprise that will be administering the Scheme. I just want to make sure that that is tidied up, if it needs to be, inside the order itself. My other question is I would like to get a better understanding of why organisations like Manx National Heritage and local authorities are excluded from this. Obviously they will, just like 3155 any employer, have staff off work, self-isolating. They will have a cost incurred as a result of that and it just seems a little bit of an arbitrary distinction to be saying we are not going to be supporting those public sector bodies, just because they are public sector. Is there a different measure in place for those bodies, or is there a specific reason why they have been excluded? Thanks. 3160 The President: I call on the Minister to reply.
The Minister: Thank you, and can I thank the Hon. Member for pointing out the technicality. I understand it is currently being addressed and will be dealt with appropriately in terms of that 3165 point of detail. In terms of local authorities and the public sector, I think the view at the moment is that the public sector workers are, in general terms, more adequately protected. There are greater levels of expectation around the public sector and in general terms many of them have far greater protection mechanisms around how they are paid. We will continue, Hon. Members and 3170 Mr President, to review this on an ongoing basis. And when we discuss how these schemes are progressing, indeed even the amounts that are involved, over time we will obviously pay close attention as to whether we need to come back to Tynwald to update Tynwald and improve these measures.
3175 The President: Hon. Members, the motion at Item 4 is that the Coronavirus Sick Pay Compensation Scheme 2020 be approved. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
______1412 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
5. Social Security Act 2000 – Social Security Contributions and Benefits Act 1992 (Application) (Amendment) Order 2020 approved
The Minister for the Treasury to move:
That the Social Security Contributions and Benefits Act 1992 (Application) (Amendment) Order 2020 [SD No 2020/0143] [MEMO] be approved.
The President: Item 5, Social Security Act 2000, Minister for the Treasury. 3180 The Minister for the Treasury (Mr Cannan): Mr President, this Order removes the three-day waiting period that people qualifying for short-term Incapacity Benefit have to serve before they can be awarded benefits. The Order is made to ensure that those persons who cannot work because they have been 3185 infected with COVID-19 or are suspected as having been infected with COVID-19, or are not working because it is suspected that they have been in contact with a carrier of COVID-19 and qualify for short-term Incapacity Benefit will be able to get it from the first day of their absence. It is hoped that this measure will encourage such persons to refrain from going to work thus helping to contain the spread of the coronavirus. This measure only has effect for 26 weeks as it 3190 is hoped that the Island will be clear of coronavirus within that timeframe. However, if that is not the case I will consider making another order extending the period for which this measure has effect. Further information is provided in the memorandum which has been circulated to Hon. Members and I beg to move Item 5 on the Supplementary Order Paper. 3195 The President: Hon. Member, Mr Peake.
Mr Peake: Thank you, Mr President. I beg to second.
3200 The President: Hon. Member, Mr Robertshaw.
Mr Robertshaw: Thank you, Mr President. Of course the Treasury Minister will be aware that if somebody is in isolation they will not be able to make the claim till after they return to work – by definition, they are isolated – so there 3205 will obviously be allowances taken into account with regard to that detailed complication?
The President: Minister to reply, Mr Cannan.
The Minister: I think, yes, is the answer, Mr President. Again, I think I made it clear this 3210 morning there are a number of items of detail which we are working incredibly hard to try and understand how we can get round. I can give the assurance to the Hon. Court that Social Security officers are working flat out to amend and update procedures to try and ensure that we are in a position to deal with some of these unforeseen measures and indeed some of the other more detailed items, for example, that were brought to our attention this morning. 3215 The President: I put the Order as set out at Item 5. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
______1413 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
6. Social Security Act 2000 – Social Security Contributions and Benefits Act 1992 (Application) (Amendment) (No.2) Order 2020 approved
The Minister for the Treasury to move:
That the Social Security Contributions and Benefits Act 1992 (Application) (Amendment) (No.2) Order 2020 [SD No 2020/0154] [MEMO] be approved.
The President: Item 6, Social Security Act. Again, I call the Treasury Minister.
3220 The Minister for the Treasury (Mr Cannan): Thank you, Mr President. This Order amends the Social Security Contributions and Benefits Act 1992 as it is applies to the Island for introducing a nil rate of secondary Class 1 contributions for relevant sectors for March 2020 due and payable by 19th April 2020. As I have just advised Hon. Members in my speech, this is a temporary measure to reduce the 3225 burden on certain businesses in light of the current situation in relation to coronavirus. I am therefore bringing this Order to introduce a nil rate of secondary Class 1 contributions for relevant sectors to the Court today.
The President: Mr Peake. 3230 Mr Peake: Thank you, Mr President. I beg to second.
The President: I put the Order at Item 6. Those in favour, say aye; against, no. The ayes have 3235 it. The ayes have it.
7. Social Security Contributions and Benefits Act 1992 – Social Security (Contributions) (Amendment) (No.2) Regulations 2020 approved
The Minister for the Treasury to move:
That the Social Security (Contributions) (Amendment) (No.2) Regulations 2020 [SD No 2020/0084] [MEMO] be approved.
The President: Item 7, Social Security Contributions and Benefits Act, Mr Cannan to move.
The Minister for the Treasury (Mr Cannan): Mr President, these Regulations amend the Social Security (Contributions) Regulations 2001 as they apply to the Island by increasing the 3240 weekly lower earnings limit for primary Class 1 National Insurance contributions to £120 with effect from 6th April 2020. As I stated during my Budget speech at last month’s sitting of the Court, due to our Reciprocal Agreement, both the lower earnings limit and Class 3 contributions have traditionally been kept in line with those in the United Kingdom. Therefore, following the announcement by 3245 the UK last week on the limit increase from 6th April 2020, I am bringing these Regulations to amend the amount to the Court today. I beg to move.
The President: Mr Peake. ______1414 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
3250 Mr Peake: Thank you, Mr President. I beg to second.
The President: I put the Regulations as set out at Item 7. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
8. Social Security Administration Act 1992 – Social Security Legislation (Contributions) (Amendment) (No.2) Order 2020 approved
The Minister for the Treasury to move:
That the Social Security Legislation (Contributions) (Amendment) (No.2) Order 2020 [SD No 2020/0085] [MEMO] be approved.
3255 The President: Item 8, Social Security Administration Act, Minister for the Treasury.
The Minister for the Treasury (Mr Cannan): Mr President, this Order amends the Social Security Contributions and Benefits Act 1992 as it is applied to the Island by increasing the amount of Class 3 National Insurance contribution to £15.30 per week with effect from 6th April 3260 2020. As I have just advised Hon. Members in the previous Item on the Order Paper, both the Class 3 contribution and lower earnings limit have traditionally been kept in line with those in the United Kingdom. Therefore, following the announcement in the UK last week of the new rate, I am bringing forward this Order to amend the amount to the Court today. 3265 I beg to move.
The President: Mr Peake.
Mr Peake: Thank you, Mr President. 3270 I beg to second.
The President: Mr Hooper.
Mr Hooper: Thank you, Mr President. 3275 The Minister just said that these rates have ‘traditionally’ been kept in line with the UK. Is it a requirement of the Reciprocal Agreement that we keep them in line? The reason I am asking is because, given the circumstances we find ourselves in, I think anything that is done to try and mitigate cost increases on the population is probably sensible to be considered, even if it is only 30p a week. I would just like to get some confirmation, really, that this is something that is 3280 absolutely required as a result of our Reciprocal Agreement and is not something we can opt out of at this time.
The President: Minister to reply.
3285 The Minister: Mr President, I will confirm to the Hon. Member that it is a requirement, but I understand that under that agreement we are required to keep certain contributions in line with the United Kingdom.
The President: Hon. Members, I put the Order at Item 8. Those in favour, say aye; against, 3290 no. The ayes have it. The ayes have it. ______1415 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
9. Standing Orders suspended to allow supplementary Items 10 to 11
The Minister for Enterprise to move:
That Standing Orders be suspended to the extent necessary to allow the remaining items on Supplementary Order Paper No. 1 to be taken.
The President: The three remaining Items are in the name of the Minister for Enterprise, Mr Skelly, Item 9.
The Minister for Enterprise (Mr Skelly): Gura mie eu, Eaghtyrane. 3295 I wish to request Standing Orders be suspended to the extent to allow the remaining items on the Supplementary Order Paper to be taken.
The President: Mr Callister.
3300 Mr Callister: Thank you, Mr President. I beg to second.
The President: I put the motion. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
10. Papers laid before the Court
3305 The President: Item 10, I call on the Clerk.
The Clerk: I lay before the Court the paper listed at Item 10 of the Supplementary Order Paper No. 1. Ta mee cur roish y Whaiyl ny pabyryn enmyssit ayns ayrn jeih jeh’n Claare Obbyr Arbyllagh 3310 nane.
Financial Provisions and Currency Act 2011 Coronavirus Business Support Scheme [SD No 2020/0156] [MEMO]
11. Financial Provisions and Currency Act 2011 – Coronavirus Business Support Scheme approved
The Minister for Enterprise to move:
That the Coronavirus Business Support Scheme [SD No 2020/0156] [MEMO] be approved.
The President: Item 11, Minister for Enterprise, Mr Skelly.
The Minister for Enterprise (Mr Skelly): Gura mie eu, Eaghtyrane. This Scheme which is before you today is the first of a series of emergency measures that the 3315 Department for Enterprise and the Treasury will be bringing forward in order to help our businesses, together with the people they employ, get through this exceptionally difficult time. ______1416 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The Coronavirus Business Support Scheme will provide an initial grant of £3,000 to businesses in the sectors we expect to be most affected in the first instance: including visitor accommodation, catering, entertainment, leisure, travel and tourism. A detailed list of sectors 3320 which are eligible for grant support is currently being finalised by the Treasury and will be published this week. Additionally, the Scheme will provide for grant assistance to be paid to providers of serviced accommodation. These grants will be paid at a fixed rate per day, per room. Finally, in addition to grant assistance, the Scheme will authorise the Department to provide 3325 loans to businesses in the most affected sectors. The Scheme is intended to be simple and straightforward. Payments of grants will be handled by an experienced team in the Department that deals with applications under the Financial Assistance Scheme and other business support schemes. The Scheme has also been drafted so as to be as flexible and versatile as possible. Thus the 3330 Department will be able to increase the value of the grant, with the concurrence of Treasury, if considered necessary, and we will also again, with Treasury approval, be able to alter the definition of those sectors which are eligible for support, expanding them if necessary. Eaghtyrane, the Department, working with the Treasury, produced this Scheme in two working days. Now, I am of course conscious that the headline amount of the grant is relatively 3335 small. This Scheme should be seen both as a statement of intent and a forerunner to much stronger measures which will be announced in the near future. I would also add that the Scheme is specifically intended to broadly and quickly replicate the approximate value to some UK businesses of the Chancellor’s rate suspension recently announced. And beyond the particular measures in this Scheme, and other possible measures 3340 that the Department for Enterprise may bring forward, I would also remind Hon. Members that the Treasury has wide-ranging powers under the Financial Provisions and Currency Act 2011 at its disposal. Eaghtyrane, I now move that the Coronavirus Business Support Scheme 2020 be approved. Gura mie eu. 3345 The President: Mr Callister.
Mr Callister: Thank you, Mr President. I beg to second. 3350 The President: Mr Speaker.
The Speaker: Thank you, Mr President. Firstly, could I just ask when and where the list of eligible sectors and businesses will be made 3355 available? Whether the Department will be taking proactive measures to contact businesses that they are aware of within those sectors to raise awareness of this Scheme – because much as we would love to think it, not everyone is tuned in to sittings of Tynwald – just to make sure the opportunity is maximised and that people do not miss out on the opportunity. 3360 Thirdly, could the Minister advise what the reporting mechanism will be again for the money under the Scheme? I think under the Financial Provisions and Currency Act the general provision is about an annual report to July Tynwald; just to confirm that that will be the case again with this Scheme as well.
3365 The President: Hon. Member, Mr Baker.
Mr Baker: Thank you, Mr President.
______1417 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
I would just like the Minister to clarify a couple of points: probably the most significant element of the Scheme in capital terms is probably the loan assistance and there is no clarity 3370 around the quantum of that. It may be that that comes in the guidance subsequently, but I would just appreciate the Minister’s thoughts on that. And the second aspect was this is very much targeted at companies with less than 100 employees for the financial assistance element. Again, I would just be grateful for the Minister’s thoughts on that particular design aspect of the Scheme. 3375 The President: I call on the Minister to reply, Mr Skelly.
The Minister: Gura mie eu, Eaghtyrane, and I thank both hon. contributors. First of all, with regard to Loayreyder’s questions; with regard to eligibility, that will be 3380 published online and, working with Treasury, we will get that in the next couple of days. We will also reach out to businesses. I can say we have a deluge already with people contacting us with regard to the announcement last night. So, yes, we will be proactive; we will be using the Executive Agencies to actually communicate with industry. 3385 What we are very aware of is, I think, the wave of sectors that are going to be affected. What we know first and foremost is that the tourism and hospitality sector is the first wave that is being hit, but there will be numerous other sectors that are going to be impacted. Especially, as I say, with regard to the travel restriction. The third question Loayreyder mentioned was the reporting mechanism; we do publish a list, 3390 it is in the Enterprise Act that we do come to Tynwald once a year. We have not got quite to that particular point on how we will do this yet for this particular Scheme, but we will certainly make a commitment to publish something for Tynwald so that Tynwald is aware how and who we actually provide support for. Mr Baker’s comment there with regard to loans; it highlights, I think, the range of measures 3395 that are going to be necessary to support businesses going forward. Loans are yet another mechanism which could be very helpful. I am encouraged by one or two of the banks that have already come forward to make statements, on their own behalf, with regard to loan holidays, relief with regard to overdrafts, and we will be strongly encouraging them to continue to do that and to widen it as well at the same time. So the detail will come in the guidance, I will point out 3400 there. This is rapidly moving, without a shadow of a doubt. We do have in the measures there that this particular Scheme is connected to two employees too, which could be an owner and one other and up to 100, at this particular stage. But do bear in mind this is about a statement of intent. You have heard the Treasury Minister state the commitment there with £40 million that we have put towards this as a contingency fund. We 3405 know this is going to be sustained over a significant period of time and we are going to need to be flexible, and that is what this Scheme is written for. Last, but not least, I would like to take this moment to put on record my personal thanks to the officers who have worked in a rapid fashion to actually bring this forward, at this particular stage. There are a lot parts of Government at the moment that are under extreme stress, and I 3410 just want to thank the officers involved with that to bring this forward, and thank the Hon. Court, and hopefully you will support this. Gura mie eu, Eaghtyrane.
The Minister for the Treasury (Mr Cannan): Hear, hear. 3415 The President: Hon. Members, the motion is that the Coronavirus Business Support Scheme be approved. Those in favour, say aye; against, no. The ayes have it. The ayes have it. Thank you, Hon. Members.
______1418 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Supplementary Order Paper No. 2
1. Standing Orders suspended to allow further business
The Minister for the Treasury to move:
That Standing Orders be suspended to the extent necessary to allow the business on Supplementary Order Paper No. 2 to be taken.
The President: We now move to Supplementary Order Paper No. 2. 3420 Minister for the Treasury to move suspension of Standing Orders.
The Minister for the Treasury (Mr Cannan): Thank you, Mr President. I would like to move, please, the suspension of Standing Orders in order to take Supplementary Order Paper No. 2. 3425 The President: Chief Minister
The Chief Minister (Mr Quayle): I beg to second.
2. Papers laid before the Court
3430 The President: I call on the learned Clerk to lay papers.
The Clerk: I lay before the Court the papers listed at Item 2 of Supplementary Order Paper No. 2. Ta mee cur roish y Whaiyl ny pabyryn enmyssit ayns ayrn jees jeh’n Chlaare Obbyr Arbyllagh 3435 jees.
Social Security Contributions and Benefits Act 1992 Income Support (General) (Isle of Man) (Amendment) (No. 3) Regulations 2020 [SD No 2020/0157] [MEMO]
3. Social Security Contributions and Benefits Act 1992 – Income Support (General) (Isle of Man) (Amendment) (No. 3) Regulations 2020 approved
The Minister for the Treasury to move:
That the Income Support (General) (Isle of Man) (Amendment) (No. 3) Regulations 2020 [SD No 2020/0157] [MEMO] be approved.
The President: Item 3, the motion on the Social Security Contributions and Benefits Act 1992. Minister for the Treasury to move.
The Minister for the Treasury (Mr Cannan): Mr President, these Regulations postpone by six months a change to the eligibility criteria for lone parents claiming Income Support which were ______1419 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
3440 due to come into effect from 2nd April this year. Subject to the approval of this Hon. Court, they will now come into effect on 8th October 2020. Whereas currently a lone parent is eligible to claim Income Support if they have at least one child aged under 12, regulations approved by this Hon. Court last May and which were due to come into effect from the beginning of next month would have meant that only lone parents 3445 who had at least one child aged 6 could claim Income Support. In view of the extraordinary measures needed in response to COVID-19, which will likely impact on the availability of childcare support, Treasury has decided that it would be inappropriate for the change I have just described to go ahead as planned. It is Treasury’s view that it should be postponed for six months, and this is reflected in the Regulations currently before Hon. Members. 3450 Further information is provided in the memorandum which has been circulated to Hon. Members. Can I just take this opportunity, Mr President, to also thank officers across Treasury who have been working incredibly hard in the last few days to prepare all the Orders in front of you today, and can I also extend my thanks to Hon. Members in this Court for their unity and support, both 3455 in past days and today? I beg to move.
The President: Mr Peake.
3460 Mr Peake: Thank you, Mr President. I beg to second.
The President: Mr Speaker.
The Speaker: Thank you, Mr President. 3465 Those who have had the chance to briefly – and that is all we have all been able to do – look at the Income Support (General) (Isle of Man) (Amendment) (No. 3) Regulations 2020 will note that it is dated 17th August 2020. I am sure the mistake is entirely forgivable given the urgency with which this has been taken, but I would hate for a legal slip to land this ineffective. So, on the basis that we all understand that this is 17th March, not 17th August – whether the Minister 3470 is happy to proceed on that basis and the Court approve it on that basis?
The President: And a correction notice will be issued.
The Minister: That is correct, Mr President. Thank you. 3475 The President: Mr Hooper.
Mr Hooper: Thank you, Mr President. I would just like to flag up with the Treasury Minister that at the same time as they made 3480 changes to Income Support they also make changes to EPA to kick in in June, again increasing the minimum number of qualifying hours. I am just wondering if he is also looking at rolling backwards, allaying those changes from coming into force as well.
The President: Minister to reply. 3485 The Minister: Thank you, Mr President. There is a huge amount of work going on. I will come back and confirm to Hon. Members whether in fact those items are indeed under consideration at the present.
3490 The President: Hon. Members, I put the motion that the Regulations as set out at Item 3 be approved. Those in favour, say aye; against, no. The ayes have it. The ayes have it. ______1420 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Main Order Paper
3. Public Appointment – Isle of Man War Pensions Committee – Lt Col Patrick Glynn-Riley appointed
The Chief Minister to move:
That in accordance with the Isle of Man War Pensions Committee Regulations 2002, Tynwald approves the appointment, by the Council of Ministers, of Lieutenant Colonel Patrick Glynn-Riley to the Isle of Man War Pensions Committee for a term ending 23rd July 2022. [MEMO]
The President: Now, Hon. Members, having dealt with some very significant pieces of business of great importance to the Isle of Man at this time, we revert to the main Order Paper. We go to Item 3, Public Appointment for the Isle of Man War Pensions Committee. I call on 3495 the Chief Minister.
The Chief Minister (Mr Quayle): Thank you, Mr President. The Isle of Man War Pensions Committee is constituted under the Isle of Man War Pensions Committee Regulations 2002 and consists of 18 members appointed by the Council of Ministers 3500 with Tynwald approval from persons nominated from the following organisations: Soldiers’, Sailors’ and Airmen’s Families Association; the Royal British Legion, Isle of Man County; the Isle of Man Trades Council; the Independent Order of Oddfellows; the Joint Ex-Servicemen’s Association; and persons nominated by the Council of Ministers, one of whom should be a Member of Tynwald. 3505 Three members of the Committee, Mr Donald Hulme, a Joint Ex-Servicemen’s nomination, Mr David Handscombe and Mr Keith Manktelow, both Soldiers’, Sailors’ and Airmen’s Families nominations, have tendered their resignations. Sadly, Ms Lillian Leece, Independent Order of Oddfellows, passed away in May 2019. The Soldiers’, Sailors’ and Airmen’s Families Association advised the Cabinet Office that they 3510 presently have two representatives on the Committee and would not be making any further nominations. The Cabinet Office was advised that the Independent Order of Oddfellows had no members the body wished to nominate. The Joint Ex-Servicemen’s Association nominated Lt Col Patrick Glynn-Riley, who has 3515 demonstrated his direct involvement with the Armed Forces and displays a clear understanding of the principles required for public appointment. At its meeting of 13th February 2020, the Council of Ministers agreed the recommendation to appoint Lt Col Patrick Glynn-Riley for a term ending on 22nd July 2022 in line with all other lay members. 3520 Mr President, I beg to move.
The President: Hon. Member, Mr Cannan.
Mr Cannan: I beg to second, Mr President. 3525 The President: Hon. Members, I put the motion in the name of the Chief Minister at Item 3. Those in favour say aye; against, no. The ayes have it. The ayes have it.
______1421 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
4. Electronic Transactions Act 2000 – Electronic Transactions (General) (Amendment) Regulations 2020 approved
The Minister for Enterprise to move:
That the Electronic Transactions (General) (Amendment) Regulations 2020 [SD No 2020/0110] [MEMO] be approved.
The President: Item 4, Electronic Transactions Act, Minister for Enterprise to move.
3530 The Minister for Enterprise (Mr Skelly): Gura mie eu, Eaghtyrane. The aim of the Electronic Transactions Act 2000 is to remove uncertainty about the legal validity of electronic transactions, including electronic contracts and services provided by Government online. Since 2000, certain kinds of transactions have, through regulations, been excluded from the Act where it has been deemed that it would not be appropriate for these 3535 transactions be undertaken on an electronic basis. These include, for example, a marriage or a mortgage. In addition, the Regulations maintain a general exemption for public bodies in relation to certain types of electronic transactions. Those types of transactions are subject to particular conditions. In the case of an individual or business one of those conditions is the consent of the 3540 individual or business. However, for public authorities there is no condition of consent, they must accept an electronic transaction. In order to deal with this, previous Regulations have established a general exemption for public authorities; where transactions can be accepted by public bodies these are listed in the Schedule. The Regulations before us amend the Electronic Transactions (General) Regulations 2017 in a 3545 number of minor ways: they update references to legislation such as GDPR and take account of the transfer of functions from the General Registry to the Central Registry. The Schedule which lists transactions that can be accepted electronically by Government and by other public authorities is also updated. The Regulations also remove the expiry date for a public body exemption. The expiry date 3550 has been renewed regularly since 2000 and has proved of little value in ensuring that further Government services have been brought online. Whether or not a particular Government service has been made available electronically is more to do with the basis of demand, cost and practicalities of identification rather than the expiry date of Regulations. Eaghtyrane, I beg to move the motion standing in my name. 3555 The President: Mr Hooper.
Mr Hooper: Thank you, Mr President. I beg to second and reserve my remarks. 3560 The President: I put the motion at Item 4, that the Regulations be approved. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
5. Merchant Shipping (Miscellaneous Provisions) Act 1996 – Merchant Shipping (Fees) Regulations 2020 approved
The Minister for Enterprise to move that:
The Merchant Shipping (Fees) Regulations 2020 [SD No 2020/0106] [MEMO] be approved. ______1422 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The President: Item 5, Merchant Shipping (Miscellaneous Provisions) Act, Minister for Enterprise. 3565 The Minister for Enterprise (Mr Skelly): Gura mie eu, Eaghtyrane. These Regulations prescribe the fees to be charged by the Ship Registry from 1st April. As an international ship register the majority of its customers are off-Island operators of merchant ships, pleasure vessels and commercial yachts. This year an inflationary increase of 3570 2.6% is being applied to the fees, as making a more significant increase is not considered possible given the competitive global environment. Following consultation with the Steam Packet, fees for providing flag services to new-build passenger ships are also being introduced. This will put in place a predictable fee structure for the Steam Packet Company which intends to build a passenger ship in the relatively near future. 3575 Fees for new-build passenger ships will be charged on the basis of shipyard business plus a fixed fee of £10,000. This fixed fee will cover the work that the Ship Registry will undertake during the build process to enable it to issue various statutory certificates. Eaghtyrane, it is my pleasure to move this motion standing in my name.
3580 The President: Mr Hooper.
Mr Hooper: Thank you, Mr President. I beg to second and reserve my remarks.
3585 The President: Hon. Members, I put the Regulations at Item 5. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
6. Social Services Act 2011 – Adult Social Care Services (Charges) Regulations 2020 approved
The Minister for Health and Social Care to move:
That the Adult Social Care Services (Charges) Regulations 2020 [SD No 2020/0036] [MEMO] be approved.
The President: Item 6, Social Services Act, Minister for Health and Social Care to move, Mr Ashford.
3590 The Minister for Health and Social Care (Mr Ashford): Thank you, Mr President. The Adult Social Care Services (Charges) Regulations 2020 will revoke and replace the Adult Social Care Services (Charges) Regulations 2019. The Regulations prescribe charges for adults who are provided with a social care service by the Department. Adults who are eligible to receive social care services may be entitled to 3595 Income Support payments from the Treasury to assist them in meeting the charges made by the Regulations. The new Regulations will increase charges in line with the Income Support increase of 1.1% to be made by the Treasury, based on the on the Island's annual rate of inflation as at September 2019. Mr President, I now beg to move that Tynwald approve the Adult Social Care Services 3600 (Charges) Regulations 2020.
The President: Hon. Member, Mrs Corlett.
______1423 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Mrs Corlett: Thank you, Mr President, I beg to second.
3605 The President: Hon. Members, I put the motion that the Regulations at Item 6 be approved. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
7. Rehabilitation of Offenders Act 2001 – Rehabilitation of Offenders Act 2001 (Exceptions) (Amendment) Order 2020 approved
The Minister for Home Affairs to move:
That the Rehabilitation of Offenders Act 2001 (Exceptions) (Amendment) Order 2020 [SD No 2020/0102] [MEMO] be approved.
The President: Rehabilitation of Offenders Act, Minister for Home Affairs to move, Mr Cregeen.
3610 The Minister for Home Affairs (Mr Cregeen): Thank you, Mr President. The Order before the Court will exempt appointments made by Treasury under section 1(2) of the Customs and Excise Management Act 1986 from the application of the Rehabilitation Offenders Act 2001. In other words, this will have the effect of requiring those individuals seeking appointment as custom officers to disclose any convictions, whether spent or unspent, 3615 during the pre-employment checks for these roles. This change will mean that the disclosure requirements for customs officers will be aligned with those requirements currently in place for both police constables and staff of the Financial Intelligence Unit – in other words, those who are in a law enforcement role in the Island. The addition of customs officers will also align us with the pre-appointment checks made on officers 3620 of Her Majesty’s Revenue and Customs in the United Kingdom. Mr President, I beg to move the Rehabilitation of Offenders Act 2001 (Exceptions) (Amendment) Order 2020 be approved.
The President: Hon. Member, Mrs Barber. 3625 Mrs Barber: Thank you, Mr President. I beg to second and reserve my remarks.
The President: Hon. Member, Ms Edge.
3630 Ms Edge: Thank you, Mr President. I just wonder if the Minister could clarify my understanding, unless it has changed, that you cannot have any spent offences to be a police officer; you have to be completely clean. I appreciate that you only use that as an example for this, but if somebody does apply for a role as a customs officer are the rules not already in place that they would not be successful? So is there 3635 any need for this?
The President: Minister to reply, Mr Cregeen.
The Minister: Thank you, Mr President. 3640 This is actually putting in place that they do have to disclose anything spent. Previously it was a goodwill … it was up to the person applying; now it is making it that they must disclose it.
The President: I put the Order at Item 7. Those in favour, say aye; against, no. The ayes have it. The ayes have it. ______1424 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
8. Regulation of Surveillance, etc. Act 2006 – Regulation of Surveillance (Prescription of Offices, Ranks and Positions) Order 2020 approved
The Minister for Home Affairs to move:
That the Regulation of Surveillance (Prescription of Offices, Ranks and Positions) Order 2020 [SD No 2020/0103] [MEMO] be approved. 3645 The President: Item 8, Regulation of Surveillance, etc. Act. Minister for Home Affairs, Mr Cregeen, to move.
The Minister for Home Affairs (Mr Cregeen): Thank you, Mr President. 3650 The Regulation of Surveillance, etc. Act 2006 provides that surveillance is only permitted when an officer of a public authority is prescribed for the purpose of authorising such surveillance. The Regulation Surveillance, etc. Act provides a system of safeguards ensuring any surveillance conducted is consistent with the Human Rights Act 2001. The Order before the Court revokes and replaces the Regulations of Surveillance (Prescription 3655 of Offices, Ranks and Positions) Order 2017 and provides, in the same manner as the 2017 Order, the details of those persons within public bodies who may authorise surveillance. The changes to the 2017 Order are mainly in the form of a tidying up of the titles that have been altered since that Order was approved in order to align with the current structure of the public body. In these cases there is no change to the grounds or powers to undertake 3660 surveillance falling within the Act. However, in one instance the power to authorise surveillance is inserted. This relates to work permits under the Department for Enterprise. Mr President, I beg to move the Regulation of Surveillance (Prescription of Offices, Ranks and Positions) Order 2020.
3665 The President: Mrs Barber.
Mrs Barber: Thank you. I beg to second and reserve my remarks.
The President: I put the motion at Item 8. Those in favour, say aye; against, no. The ayes 3670 have it. The ayes have it.
9. Licensing and Registration of Vehicles Act 1985 – Vehicle Duty Order 2020 approved
The Minister for Infrastructure to move:
That the Vehicle Duty Order 2020 [SD No 2020/0118] [MEMO] be approved.
The President: Item 9, Licensing and Registration of Vehicles Act. Minister for Infrastructure to move.
The Minister for Infrastructure (Mr Harmer): Thank you, Mr President. 3675 The Vehicle Duty Order 2020 is the first of two Vehicle Duty Orders I expect to move this year. This Order, the first, is straightforward. Its primary aim is simply to maintain revenues at similar levels to last year. The Order takes the opportunity to simplify and rationalise fees for older vehicles and motorcycles.
______1425 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The second Order, which I will move later this year, will mark a significant shift in approach, 3680 but I do not want to pre-empt that debate today. Through today’s motion all rates of Duty, with the said exceptions, will rise by 3.2%. This will help the Department maintain its £13.6 million of income. As you know, fees were not increased last year, so this increase equates to an annual increase of 1.6% for each of the last two years. As those who attended the Department’s presentation on Vehicle Duty modelling will know, 3685 income from Vehicle Duty is declining year on year by more than inflation. In order to even collect the same revenue each year, we must increase fees by more than inflation and the primary reason for this is that we are now seeing newer vehicles that attract lower rates of Duty whilst the total number of vehicles registered on the Isle of Man stays pretty much the same. So the yield has to be protected with rises of this sort to maintain the revenue that the Department 3690 needs to maintain its highways. Motorcycle rates vary between £16 and £80 spread over four bands. A modest-sized motorcycle costs more to tax than many cars. When taking into account the parking congestion, low resource demand and low road damage advantage of motorcycles, this makes little sense. We have therefore introduced a flat rate of £25 for all motorcycles. 3695 Finally, I come to older vehicles. Currently, cars that are over 25 years obtain a 50% discount on Vehicle Duty. Cars that are older than 30 years pay £16. I want to continue to support those who retain and maintain veteran vehicles, but I also want to simplify the payment and make it proportionate. I feel that it is appropriate to treat private vehicles over the age of 30 years as veterans, but not those that are younger. 3700 I do want to support genuine enthusiasts who care for vehicles, but do not want to encourage the use of older cars on a day-to-day basis. I am therefore proposing a single rate of £25 for all veteran vehicles, including motorcycles. This is a fairly significant rise in percentage terms, but an increase of £9 is surely not significant in the cost of running an older vehicle. Some will complain that I have been too generous to owners of older vehicles; some will 3705 complain that I have been unfair to those who maintain the older vehicles that we like to see. The Department has consulted representatives of the historic vehicle community over this change. I believe this represents a fair contribution to the administration and maintenance of the road network. 365 days of unlimited access to 1,000 km of highway for £25 in my view is good value for money. 3710 For clarity, the money raised through the Vehicle Duty is the money used to maintain the roads. Today’s Order only seeks to maintain the current level of investment in our highway network. Mr President, I beg to move the motion standing in my name.
3715 The President: Mr Baker.
Mr Baker: Thank you, Mr President. I beg to second and reserve my remarks.
3720 The President: Hon. Member, Mr Callister.
Mr Callister: Thank you, Mr President. Just a short contribution from me. I will be voting against this this afternoon for no other reason than the fact that the Treasury Minister stood in this Court just last month and actually 3725 said that he expected income streams to be 2% and I mentioned also at that time that Appendix 9 was also missing the information from DOI. For that reason, I will be voting down this particular motion this afternoon. Thank you.
3730 The President: I call on the mover to reply. ______1426 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The Minister: Thank you. It is very simple really. If you take an example even a car going from 2010 to 2011, they will drop a Duty of quite considerable … cases going from £190 to £43. As people move to newer cars – the Duty favours newer cars – we get a drop in revenue. 3735 We were hoping this year to maintain more footways and more footpaths; this money is simply to maintain the Duty that we get today. It is not raising any more than we need and any more than we had for last year. So with that, I beg to move.
3740 The President: I put the motion that the Vehicle Duty Order 2020 be approved. Those in favour say aye; against, no. The ayes have it.
A division was called for and electronic voting resulted as follows:
In the Keys – Ayes 18, Noes 3
FOR AGAINST Mr Ashford Mrs Barber Mr Moorhouse Mr Callister Dr Allinson Mr Hooper Mr Baker Mr Boot Mrs Caine Mr Cannan Mrs Corlett Mr Cregeen Ms Edge Mr Harmer Mr Peake Mr Perkins Mr Quayle Mr Robertshaw Mr Shimmins Mr Skelly Mr Speaker
The Speaker: Mr President, in the Keys, 18 for, 3 against
In the Council – Ayes 8, Noes 0
FOR AGAINST Miss August-Hanson None Mr Greenhill Mr Henderson The Lord Bishop Mrs Lord-Brennan Mr Mercer Mrs Poole-Wilson Mrs Sharpe
The President: In the Council, 8 for and none against. The motion therefore carries.
______1427 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
10. Local Government Act 1985 – Southern Sheltered Housing Joint Board Order 2020 approved
The Minister for Infrastructure to move:
That the Southern Sheltered Housing Joint Board Order 2020 [SD No 2020/0062] [MEMO] be approved.
3745 The President: Item 10, Local Government Act 1985, Minister for Infrastructure to move.
The Minister for Infrastructure (Mr Harmer): Thank you, Mr President. I am pleased to be bringing this motion today. This Order is made by the Department under the powers of section 7 of the Local Government Act 1985. The purpose of this Order is to 3750 enable the merger of two sheltered housing bodies, namely Castletown and Malew Elderly Persons Housing Board and Rushen Crescent Housing Committee, to form a new board to be called the Southern Sheltered Housing Joint Board. It is hoped that this new board, which is envisaged to be in operation by 1st April 2020, will bring about a more efficient and modern supported housing service for residents living in the 3755 sheltered housing in the south of the Island. Over the last year or so, the current boards have consulted with their residents and met a number of times to decide the finer details of merging authorities. As a result of this exercise, the two boards have determined to proceed with the proposed merger. This Order has been drafted to enable the new authority to be in place by 1st April 2020. 3760 The Department supports the initiative being undertaken by all local authorities concerned and recognises that the creation of a new sheltered housing board is indeed a positive step. Specific details relating to the Order have been provided to Members within explanatory notes to Members. Mr President, I beg to move that the Southern Sheltered Housing Joint Board Order 2020 be 3765 approved.
The President: Hon. Member, Ms Edge.
Ms Edge: Thank you, Mr President. 3770 I beg to second.
The President: Hon. Members, I put the Order at Item 10. Those in favour, please say aye; against, no. The ayes have it. The ayes have it.
11. Local Government Act 1985 – Arbory and Rushen (Local Government District) (Amendment) Order approved
The Minister for Infrastructure to move:
That the Arbory and Rushen (Local Government District) (Amendment) Order [SD No 2020/0063] [MEMO] be approved.
The President: Item 11, Local Government Act 1985. Again, I call on the Minister for 3775 Infrastructure.
______1428 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The Minister for Infrastructure (Mr Harmer): Mr President, this Order is made under the powers of section 6 of the Local Government Act 1985. The Order makes minor modifications to the Arbory and Rushen (Local Government District) Order 2019 [SD No. 2019/0498]. These 3780 include amending references to the Southern Sheltered Housing Joint Board and clarifying other minor references within the Order. Mr President, I beg to move that the Arbory and Rushen (Local Government District) (Amendment) Order 2020 be approved.
3785 The President: Ms Edge.
Ms Edge: Thank you, Mr President. I beg to second.
3790 The President: Hon. Members, I put the Order at Item 11. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
12. Harbours Act 2010 – Harbour (Dues and Charges) (Amendment) Regulations 2020 approved
The Minister for Infrastructure to move:
That the Harbour (Dues and Charges) (Amendment) Regulations 2020 [SD No 2020/0113] [MEMO] be approved.
The President: Item 12, Harbours Act 2010, Mr Harmer.
The Minister for Infrastructure (Mr Harmer): Mr President, the Regulations before this Hon. 3795 Court today apply an average 2% increase to the rates for 2019 for harbour dues and charges that the Department of Infrastructure may apply. Exceptions to this average 2% increase are as follows. A new tonnage-based charging structure for cruise ship harbour dues was introduced by this Hon. Court two years ago. This has proved successful, with the Department generating a 3800 significantly increased amount of revenue compared to the previous flat-rate charging regime. This has come at a time when we continue to see an increase in vehicle calls and passenger numbers. This new structure brought the Isle of Man into line with neighbouring cruise ports, albeit at the lower end of the scale. The Regulations continue to build on this new structure with the increase to cruise-related harbour and passenger dues of 14%. This level of increase will 3805 keep the Isle of Man at a competitive level compared to these neighbouring ports. It is also proposed that the vessels pay a minimum level of passenger duty to ensure that the Department is able to cover its costs in respect of provision of security. The Regulations amend the structure of charging annual and monthly harbour dues for pleasure craft from a charge per metre, or part thereof, to a charge of whole metre plus any half 3810 metre rounded up. Under the current structure the owner of a 5.1 m vessel is charged the same rate as the owner of a 6 m vessel. Under the new structure they will pay the fairer rate of 5.5 m. Mr President, I beg to move the motion standing in my name.
The President: Hon. Member, Mr Baker. 3815 Mr Baker: Thank you, Mr President. I beg to second and reserve my remarks. ______1429 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The President: Hon. Members, I put the Regulations as set out at Item 12. Those in favour, please say aye; against, no. The ayes have it. The ayes have it.
13. Harbours Act 2010 – Harbour (Miscellaneous Provisions) (Amendment) Byelaws 2020 approved
The Minister for Infrastructure to move:
That the Harbour (Miscellaneous Provisions) (Amendment) Byelaws 2020 [SD No 2020/0114] [MEMO] be approved.
3820 The President: Item 13, Minister for Infrastructure.
The Minister for Infrastructure (Mr Harmer): Mr President, the Byelaws increase the current charge by an average of 2%, which the Department of Infrastructure may apply in respect of annual pleasure boat and boatman licences. Licences are issued under the Byelaws made by the 3825 Isle of Man Harbour Commissioners on 9th May 1905, confirmed on 5th July 1905. The increases in the charges reflect the rising cost of provision of harbour services. Mr President, I beg to move the motion standing in my name.
The President: Mr Baker. 3830 Mr Baker: I beg to second.
The President: Hon. Members, I put the motion that the Byelaws as set out in Item 13 be approved. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
14. Harbours Act 2010 – Registration of Pleasure Craft (Amendment) Regulations 2020 approved
The Minister for Infrastructure to move:
That the Registration of Pleasure Craft (Amendment) Regulations 2020 [SD No 2020/0115] [MEMO] be approved.
3835 The President: Item 14. Again, Mr Harmer.
The Minister for Infrastructure (Mr Harmer): Mr President, the Regulations apply an average increase of 2% to the charges that the Department may apply with respect to registration of pleasure craft. The increase in charges reflects the rising cost of revision of registration services. 3840 I beg to move the motion standing in my name.
The President: Mr Baker.
Mr Baker: I beg to second. 3845 The President: Hon. Members, I put the motion at Item 14, that the Regulations be approved. Those in favour, say aye; against, no. The ayes have it. The ayes have it. ______1430 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
15.-17. Collective Investment Schemes Act 2008 – Collective Investment Schemes (Fees) Order 2020 approved; Designated Businesses (Registration and Oversight) Act 2015 – Designated Businesses (Fees) Order 2020 approved; Financial Services Act 2008 – Financial Services (Fees) Order 2020 approved
The Minister for the Treasury to move:
That the Collective Investment Schemes (Fees) Order 2020 [SD No 2020/0049] [MEMO] be approved. That the Designated Businesses (Fees) Order 2020 [SD No 2020/0050] [MEMO] be approved. That the Financial Services (Fees) Order 2020 [SD No 2020/0051] [MEMO] be approved.
The President: Hon. Members, the Minister has asked for Items 15 to 17 to be moved together and voted on separately. Is the Court content? (It was agreed.) Thank you, Hon. 3850 Members. Minister for Treasury, Item 15.
The Minister for the Treasury (Mr Cannan): Mr President, I thank the Court for their approval. I am moving the three Items numbered 15, 16 and 17 on the Order Paper together as 3855 they are concerned with the same topic, which is fees payable to the Isle of Man Financial Services Authority. The Authority charges fees to entities that it regulates or oversees under relevant enactments. These fees are typically reviewed every year and this year fees for all regulated entities and designated businesses are to be increased in line with inflation during 2019. The 3860 Authority consulted on the 2020 fees from November 2019 to January 2020. No issues were raised in relation to the proposals and the new fees are due to come into effect on 1st April 2020. The three Items of the legislation are set out in front of you. The Insurance (Fees) Regulations 2020 and Registered Schemes Administrators (Fees) Order 2020 are laid before Members at this 3865 sitting but do not require approval as they are required to be laid for negative resolution only. Mr President, I beg to move the Collective Investment Schemes (Fees) Order 2020, the Designated Businesses (Fees) Order 2020 and the Financial Services (Fees) Order 2020 be approved.
3870 The President: Mr Shimmins.
Mr Shimmins: Thank you, Mr President, I beg to second and reserve my remarks.
The President: Hon. Members, I put first the Order at Item 15. Those in favour, say aye; 3875 against, no. The ayes have it. The ayes have it. The Order at Item 16: those in favour, say aye; against, no. The ayes have it. The ayes have it. The Order at Item 17: those in favour, say aye; against, no. The ayes have it. The ayes have it.
______1431 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
18. Dormant Assets Act 2019 – Dormant Assets (Definition) (Amendment) Order 2020 approved
A Member of the Treasury (Mr Shimmins) to move:
That the Dormant Assets (Definition) (Amendment) Order 2020 [SD No 2020/0081] [MEMO] be approved.
The President: Item 18, Dormant Assets Act; Member of the Treasury, Mr Shimmins, to move. 3880 A Member of the Treasury (Mr Shimmins): Thank you, Mr President. The Dormant Assets (Definition) (Amendment) Order 2020 will amend section 25(12) of the Dormant Assets Act 2019 to provide direct alignment between the meaning of ‘charitable purposes’ given in section 25 of the Act, and the meaning of the term that is given in section 5 of 3885 the Charity’s Registration and Regulation Act 2019. Under that section 25 of the Act, dormant asset funds may be distributed by a distribution organisation for charitable purposes in the Island. ‘Charitable purposes’ is defined under section 25(12) of the Act as having the same meaning as that given in section 14 of the Charities Act 1962. Further to the introduction of the Charity’s Registration and Regulation Act in 2019, the 3890 meaning of ‘charitable purposes’ given in section 14 of the 1962 charities legislation has been amended to simply refer to the meaning of the term given in section 5 of the new 2019 charities legislation. Hon. Members may recall that during the passage of the Dormant Assets Bill through the Branches a number of queries were raised on whether amateur sport was covered under the 3895 definition of charitable purposes. To confirm on this point, further to the introduction of the 2019 charities legislation in October last year the advancement of amateur sport is now included as a charitable purpose in the Island. Hon. Members, this short Amendment Order will simplify the reading of section 25 of the Act by removing the requirement to read through the 1962 charities legislation to establish the 3900 meaning of charitable purposes. It will have no material effect on what constitutes a charitable purpose under the legislation. I beg to move.
The President: Treasury Minister. 3905 The Minister for the Treasury (Mr Cannan): I beg to second and reserve my remarks.
The President: I put the motion at Item 18 that the Order be approved. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
19. Dormant Assets Act 2019 – Dormant Assets (Distribution Organisation Appointment) Order 2020 approved
A Member of the Treasury (Mr Shimmins) to move:
That the Dormant Assets (Distribution Organisation Appointment) Order 2020 [SD No 2020/0082] [MEMO] be approved.
3910 The President: Again, I call Mr Shimmins, Item 19. ______1432 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
A Member of the Treasury (Mr Shimmins): Thank you, Mr President. The Dormant Assets (Distribution Organisation Appointment) Order 2020 provides for the appointment of the Manx Lottery Trust to the role of distribution organisation for the Dormant Assets Fund under section 25(3) of the Dormant Assets Act 2019. It is proposed that the Trust 3915 will be appointed to the role of distribution organisation from 1st April until such time that the appointment is terminated under paragraph 8 of the Appointing Order. In accordance with Part 3 of the Order, the Trust will be largely responsible for determining how it fulfils its role as distribution organisation. Proportionate measures are, however, included in the Terms of Appointment to ensure that adequate information is retained by the Trust in 3920 respect to the distribution programme and to ensure the Treasury is able to access relevant information on the effectiveness of the distribution programme if and as necessary. In the event that the agreement is terminated, the Trust will be required to furnish the Treasury with sufficient information in respect of allocated funding that is presently undistributed; and it will also be required to return any undistributed amounts to the Treasury. 3925 Part 4 of the Appointing Order provides that the Trust will be able to recover reasonable costs for the performance of its functions under the Act, and that it must establish an internal complaints procedure in respect of complaints relating to the Trust’s compliance with the Act or this Order. I think Hon. Members will agree that the Manx Lottery Trust is well positioned to take up this 3930 role. The Trust already has the expertise and infrastructure in place to distribute funds for charitable purposes in the Island and we believe that this new role will further the effectiveness of the Trust in providing valuable financial support to various good causes in our local community. I beg to move. 3935 The President: Mr Cannan.
The Minister for the Treasury (Mr Cannan): I beg to second and reserve my remarks.
3940 The President: I put the Order at Item 19. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
20. Pension Schemes Act 1995 – Pension Schemes Legislation (Application) Order 2020 approved
A Member of the Treasury (Mr Peake) to move:
That the Pension Schemes Legislation (Application) Order 2020 [SD No 2020/0092] [MEMO] be approved.
The President: Item 20, Pensions Schemes Act 1995. I call on the Member for Treasury, Mr Peake, to move.
3945 A Member of the Treasury (Mr Peake): Thank you, Mr President. This Order applies to the Island four UK statutory instruments each specifying the percentages by which preserved pensions under the final salary occupational pension schemes are to be revalued. Revaluing occupational pension benefits in this way prevents their value from being eroded 3950 by inflation over time. Such instruments are made each year by the UK Secretary of State for
______1433 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Work and Pensions and are subsequently applied to the Isle of Man by Order subject to the approval of this Hon. Court. Each instrument applied by this Order is deemed to have effect from the date it did so in Great Britain. Further information was provided by memorandum. 3955 Mr President, I beg to move Item 20 on the Order Paper.
The President: Mr Cannan.
The Minister for the Treasury (Mr Cannan): I beg to second and reserve my remarks. 3960 The President: I put the Order at Item 20. Those in favour say aye; against no. The ayes have it, the ayes have it.
21. Social Security Contributions and Benefits Act 1992 – Income Support (General) (Isle of Man) (Amendment) (No. 2) Regulations 2020 approved
A Member of the Treasury (Mr Peake) to move:
That the Income Support (General) (Isle of Man) (Amendment) (No. 2) Regulations 2020 [SD No 2020/0090] be approved.
The President: Item 21, Mr Peake.
3965 A Member of the Treasury (Mr Peake): Thank you, Mr President. These Regulations amend provisions in the Income Support (General) (Isle of Man) Regulations 2000 relating to the Mobility Premium. The changes made provide that the age from which the person may qualify for the Mobility Premium is consistent with the point from which they are not eligible to newly qualify for a Disability Living Allowance, that is, their state pension 3970 age. I can confirm that no one will be worse off as a result of this measure. Mr President, I beg to move Item 21 on the Order Paper.
The President: Mr Cannan. 3975 The Minister for the Treasury (Mr Cannan): I beg to second and reserve my remarks.
The President: I put the Regulations as set out at Item 21. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
22. Social Security Act 2000 – Social Security Legislation (Benefits) (Application) Order 2020 approved
A Member of the Treasury (Mr Peake) to move:
That the Social Security Legislation (Benefits) (Application) Order 2020 [SD No 2020/0091] be approved.
3980 The President: Item 22, Mr Peake again. ______1434 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
A Member of the Treasury (Mr Peake): Thank you, Mr President. This Order applies to the Island two statutory instruments of the United Kingdom Parliament, each relating to Industrial Injuries Disablement Benefit. 3985 The first instrument applies and extends to the prescription criteria for anaphylaxis and nasal carcinoma, both of which are already prescribed diseases for industrial injuries disablement benefit purposes, to include additional occupations and to achieve more consistency with other prescribed diseases of a similar kind. In the case of anaphylaxis it is currently limited to employment as a healthcare worker having 3990 contact with products with natural rubber latex. The prescription criteria have now expanded to include any occupation involving contact with products made with natural rubber latex that would include police officers, vehicle mechanics, hairdressers and workers from the food industry, amongst others. As regard to nasal carcinoma among the recognised occupational causes of the disease are 3995 leather dust and wood dust. In relation to wood dust, currently coverage is effectively restricted to people working in premises which exist to manufacture or repair wooden goods. So, for example, a carpenter who is exposed to wood dust during the fitting out of shops or on a construction site is currently out of scope, and is exposed to wood dust in the machine pressing of wood. 4000 The first of the instruments being applied to the Island by this Order amends and expands the nasal carcinoma by replacing the words ‘in or about a building’ with ‘a workplace’ that also replaces the term ‘wood goods’ with ‘products made wholly or partially of wood’, and also the ‘machine processing of wood’. The second instrument applied adds Dupuytren’s contracture to the list of prescribed 4005 diseases for which Industrial Injuries Disablement Benefit is payable. (The Speaker: Hear, hear.) Mr President, the application of these instruments to the Island ensures that the rules for Industrial Injuries Disablement Benefit in the Island continue to be aligned with those in the UK, as has always been the case. Mr President and Members, thank you very much for bearing with me. (Laughter) 4010 A Member: Hear, hear.
A Member: We needed that!
4015 The Speaker: Say it again, Sam! (Laughter)
Mr Peake: Mr President, I beg to move Item 22. Thank you very much.
The President: We put Mr Peake out of his misery. (Laughter) I must congratulate him on his 4020 first stab at pure technical terms!
Mr Peake: Thank you, Mr President.
The President: And diseases. 4025 Mr Cannan.
The Minister for the Treasury (Mr Cannan): I beg to second and reserve my remarks. (Laughter)
4030 The President: You have nothing to add, Mr Cannan?
______1435 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
Mr Robertshaw: Mr President, can we thank the Hon. Member, following an incredibly serious and difficult day, to provide that glorious entertainment, which has really lifted my spirits no end, Mr President. (Laughter and interjections) 4035 The President: It was therapeutic to the Court. I put the motion at Item 22. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
23-24. Social Security Administration Act 1992 – State Pension Revaluation for Transitional Pensions Order 2020 approved; Social Security Administration Act 1992 – State Pension Debits and Credits (Revaluation) Order 2020 approved
A Member of the Treasury (Mr Peake) to move:
23. That the State Pension Revaluation for Transitional Pensions Order 2020 [SD No 2020/0093] [MEMO] be approved. 24. That the State Pension Debits and Credits (Revaluation) Order 2020 [SD No 2020/0094] [MEMO] be approved.
The President: Now, Items 23 and 24 have been requested to be moved together and voted 4040 on separately. Is that agreed? (Members: Agreed.) Mr Peake again! (Laughter)
The Speaker: Wait until we get to the Plant Health Regulations!
4045 A Member of the Treasury (Mr Peake): Thank you very much, Mr President. With the excitement I forgot there was one more to go! (Laughter) Mr President, with your approval I would like to move Items 23 and 24 on the Order Paper together. However, they will be subsequently voted on separately. Mr President, is that okay? 4050 The President: That has been agreed.
Mr Peake: Thank you very much. Mr President, these Orders specify the percentages by which certain transactional elements 4055 of the Manx state pension arrangements are to be revalued to ensure their value is not eroded by inflation. The first Order is concerned with the revaluation of ‘protected payments’ for people reaching state pension age on or after 6th April 2020, to take into account the price inflation in Great Britain between April 2019 and when they reach state pension age. 4060 The second Order provides for a revaluation of prices inflation in Great Britain of the new state pension scheme credits and debits which arise when: a pension-sharing order has been made by the courts; divorce proceedings begin on or after 6th April 2019; and the person subject to the pension debit reaches state pension age on or after 6th April 2019. Both of these Orders give effect to statutory requirements, the terms of which are identified 4065 in other legislation. Mr President, I beg to move Items numbered 23 and 24.
The President: Mr Cannan. ______1436 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The Minister for the Treasury (Mr Cannan): I beg to second and reserve my remarks. 4070 The President: Mr Hooper.
Mr Hooper: Thank you, Mr President. The Order references the rate of inflation in Great Britain but it also references a starting rate 4075 of the Manx pension. So it appears to me that what we are doing is we have brought in a new Manx pension which is not linked to the UK, which is based on the Isle of Man’s needs. It is an Isle of Man system but we are still linking it to inflation in the UK. Can someone explain the logic of this? To me this does not seem to make a lot of sense. So we have gone all the way of designing a new Manx state pension but actually saying we are still 4080 going to be tied to inflation rates that bear no resemblance to the costs and the increases that people on the Isle of Man are facing. So if the hon. mover could perhaps provide some explanation as to why we are still linking the new Manx state pension, the starting amount referenced here which is referenced as the higher of the old or new pensions. Why is it still linked to the UK inflation rates? 4085 The President: Mr Cannan.
Mr Cannan: Thank you. I wonder whether, Mr President, the Hon. Member would agree with me that revaluation 4090 orders such as these are also made each year in the United Kingdom in relation to the United Kingdom’s single-tier pension scheme. In the United Kingdom the single-tier pension scheme was introduced in April 2016 and orders such as these have been made in each year since 2017. The Manx single-tier state pension was introduced in April 2019. Hence this is the first year revaluation orders such as these have had to be made and henceforth they will be made each 4095 year. But for the purposes of the revaluation orders inflation, it is measured by consumer prices inflation in Great Britain. It is currently Treasury policy, would he agree with me, to use the same indices as the UK for state pension purposes, but these policies always remain under review?
4100 The President: I call on the mover to reply.
Mr Peake: Thank you very much, Mr President; and I would like to thank the Treasury Minister for that intervention. And thank you very much, Mr Hooper, for asking the question and I hope you are satisfied with the answer that the Treasury Minister has given you. If not, please 4105 come and see me. (Interjection and laughter) Thank you.
The President: Hon. Members, I put the Order at Item 23. Those in favour, say aye; against, no. The ayes have it. The ayes have it. 4110 Item 24: those in favour, say aye; against, no. The ayes have it. The ayes have it.
25. Gambling (Amendment) Act 1984 – Controlled Machines (Exemption) (Amendment) Order 2020 approved
A Member of the Treasury (Mr Shimmins) to move:
That the Controlled Machines (Exemption) (Amendment) Order 2020 [SD No 2020/0086] [MEMO] be approved. ______1437 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The President: Item 25, Gambling (Amendment) Act, Member of Treasury, Mr Shimmins, to move.
A Member of the Treasury (Mr Shimmins): Thank you, Mr President. 4115 The Controlled Machines (Exemption) (Amendment) Order 2020 will amend the Controlled Machines (Exemption) Order 2016 to introduce a maximum stake that may be wagered on an exempt machine of £2. Exempt machines include electronic machines sited in betting shops on which customers can play a variety of games of change. These machines are more commonly known as fixed odds 4120 betting terminals. Fixed odds betting terminals have been associated with a heightened risk of disorder and problem gambling in the United Kingdom, and it is hoped that the introduction of a maximum £2 stake for such machines in the Island will minimise the likelihood of similar patterns of adverse gambling behaviours arising in the Isle of Man. Hon. Members, I can advise that all licensed operators on the Island have now converted to 4125 fixed odds betting terminals that include a stake cap of £2, and so the measures introduced through this Order have already in fact been applied. I beg to move.
The President: Mr Cannan. 4130 The Minister for the Treasury (Mr Cannan): I beg to second.
The President: Mr Hooper.
4135 Mr Hooper: Thank you very much, Mr President. I completely support this measure, the only question I have for Treasury is the UK announced this change in May 2018 and brought it into effect on 1st April 2019. Why has it taken Treasury a further year to act on something that they themselves have identified is a clear risk to people on the Isle of Man – why has it taken them a full year after the UK consulted and announced and 4140 made their changes, why are we so far behind? Why are we so slow in bringing this in?
The President: Hon. Member, Mr Baker.
Mr Baker: Thank you, Mr President. 4145 I was going to be slightly more positive and actually congratulate Treasury and the Gambling Supervision Commission for actually tackling this issue, which has been a major scourge in the UK, particularly in disadvantaged, working class communities, where high streets have been taken over by betting shops in many areas. Actually this issue of fixed odds betting terminals has been a source of great social concern regarding the impact. Now, I do not think we have had the 4150 same issues in the Isle of Man but I am really pleased to see this, admittedly belatedly as my hon. friend highlights, but it has been dealt with and this has put a lid on and can be put away forever.
The President: Mr Speaker. 4155 The Speaker: To stretch a point slightly, Mr President, I was wondering if the Treasury had any plans to review problem gambling on the Island and whether the gaming duty levy that is raised by regulated entities on the Island, and that the money that the levy has raised is actually effectively being spent in tackling problem gambling, whether this is a part of that wider picture?
4160 The President: Hon. Member, Dr Allinson.
Dr Allinson: Thank you, Mr President. ______1438 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
If I can declare an interest in that I am one of the trustees of Motiv8 and also part of that is GamCare which deals with problem gambling on the Isle of Man, which we have certainly seen 4165 there be an increasing problem. Thankfully the use of fixed odds betting machines on the Isle of Man has been relatively limited so that has not been a major issue, but has been in certain members of our community. I think the Hon. Member for Ayre and Michael is quite right that they tend to be sited in betting shops which are often in poorer neighbourhoods and really are designed for a very specific purpose, which is to take money off those people – full stop. They 4170 are not entertainment. They are not amusement. They are to take money off those people so I thank the Member for the Treasury for bringing this scheme in and drawing a line under this issue before it becomes a major problem for our Island. Thank you, Mr President.
4175 The President: I call on the mover to reply, Mr Shimmins.
Mr Shimmins: Thank you, Mr President. I would like to thank all the Hon. Members who have engaged on this Order. If I respond to the points that have been made: first of all Mr Hooper, the Hon. Member for Ramsey asked why 4180 has this taken so long’? What I would say to Mr Hooper is that in February 2019, following discussions between Treasury and Gambling Supervision Commission, a review of the issues caused by the use of fixed odds betting terminals on the Isle of Man was initiated and this review considered whether there was evidence to support the similar change in the Isle of Man that had happened in the United Kingdom. They actually found limited evidence – perhaps this 4185 backs up I think what Dr Allinson said, in terms that the impact of these terminals did not seem to be causing as many issues as perhaps that it has caused the United Kingdom. So that caused a bit of a period of further discussion, but I am pleased to say that following further discussion between all the key stakeholders here – so the Treasury, the Gambling Supervision Commission and the gambling sector and other key stakeholders – it was agreed that we proceed on this 4190 basis. So I hope that that indicates that Treasury did take this matter very seriously. It initiated a review and then continued to discuss this issue with all the different stakeholders and that has resulted in this legislation which has been put before this Hon. Court today. Thank you very much to the Hon. Member for Ayre and Michael, Mr Baker, for his kind 4195 words. Yes, we are taking this matter seriously. Thank you for your congratulations. Mr Speaker asked, is this part of a wider type of issues? I think gambling does have issues and it may interest Mr Speaker and the wider Hon. Court that the Island’s gambling sector is practically joining together to create the first globally facing evidence based safer gambling code of conduct. 4200 Perhaps moving on to Dr Allison’s comments: yes the Motiv8 here in the Isle of Man which works a number of projects under the GamCare Isle of Man, has been consistently supported by the donations from the Isle of Man’s gambling sector, helping those who have problems in this area. So I hope that addresses the points that were raised, and I beg to move. Thank you very 4205 much.
The President: Hon. Members, I put the Order at Item 25. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
______1439 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
26. European Communities (Isle of Man) Act 1973 – European Union (Somalia Sanctions) (Arms Embargo, Etc.) (Amendment) Order 2020 approved
The Minister for the Treasury to move:
That the European Union (Somalia Sanctions) (Arms Embargo, Etc.) (Amendment) Order 2020 [SD No 2020/0107] [MEMO] be approved.
The President: Item 26, European Communities (Isle of Man) Act, Minister for the Treasury 4210 to move.
The Minister for the Treasury (Mr Cannan): Thank you, Mr President. The European Union Sanctions Order before the Court for approval today concerns the application of EU measures in respect of Somalia. 4215 This Order applies Council Regulation EU 2020/169 to the Island. The Council of the European Union has adopted that regulation in accordance with the United Nations Security Council Resolution 2498/2019. That resolution reaffirms a general and complete arms embargo on Somalia, a prohibition on the import of charcoal from Somalia, and introduces restrictions on improvised explosive device components. 4220 While the United Kingdom continues to follow EU law during the implementation period, it is necessary to apply this EU measure to the Island to maintain the sanctions regime in respect of Somalia in line with the UK. Mr President, I beg to move the European Union (Somalia Sanctions) (Arms Embargo, Etc.) (Amendment) Order 2020 be approved. 4225 The President: Mr Shimmins.
Mr Shimmins: Thank you, Mr President. I beg to second. 4230 The President: Hon. Members, I put the Order at Item 26 for approval. Those in favour, say aye; against, no. The ayes have it. The ayes have it.
Procedural
The President: Hon. Members, that completes the Order Paper. I do not suppose that in the political lifetimes of anyone has the Isle of Man been in such a 4235 critical situation. Certainly one never expected to hold in one’s hand a Proclamation by the Governor in Council using the words ‘state of emergency’. But let there be no doubt that by the invoking of emergency powers, by the determination and actions that have been taken by Government and other authorities with the support of Tynwald today and by the people of the Isle of Man themselves, the Isle of Man will come through these difficulties. (Three Members: 4240 Hear, hear.) Our next sitting is scheduled on, I think, 21st April … 15th April? Anyway, four or five weeks. It may well be that Tynwald Court will have to be recalled to consider items of national importance, and of course I will consider such a request from Government very seriously and carefully. 4245 Hon. Members, thank you for your consideration of the business at the March sitting and I now invite the Council to withdraw and leave the Keys to conduct such business as Mr Speaker sees fit. ______1440 T137 TYNWALD COURT, TUESDAY, 17th MARCH 2020
The Council withdrew.
House of Keys
The Speaker: Hon. Members, there is no business to put before the Keys. We stand adjourned until 24th March at 10 a.m. in our own Chamber, or sooner if the need arises. 4250 Thank you.
The House adjourned at 4.21 p.m.
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