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Report of Proceedings of Tynwald Court REPORT OF PROCEEDINGS OF TYNWALD COURT Douglas, Tuesday, February 17, 1976 Present: The Governor (Sir John ing Bill; Social Security Legislation Paul,- G.C.M.G., O.B.E., M .C.), In the (Application) (Amendment) Bill; and Council: the Lord Bishop (the Rt. Rev. the Animal Offences Bill. If the Court Vernon Nicholls), the Attorney General concurs we will continue with our ('Mr. J. W. Corrin), Messrs. J. B. •business while these are being signed. Bolton, O.B.E., G. T. Crellin, E. N. It was agreed. Crowe, O.B.E., R. E. S. Kerruish, G. V. H. Kneale, J. C. ¡Nivison, W. E. Quayle, A. H. Sim'cocks, M.B.E., with PAPERS LAID (BEFORE THE COURT Mr. P. J. Hulme, Clerk oi the Council. The Governor: Item 3, I call upon In the Keys : The Speaker (Mr. H. C. the Clerk to lay papers. Kerruish, O.B.E.), Messrs. R. J. G. The Clerk: I lay before the C ourt:— Anderson, H. D. C. MacLeod, G. M. Kermeen, J. C. Clucas, P. Radcliffe, Governor’s Duties and Powers — J. R. Creer, E. Ranson, P. A. Spittall, Third Interim. Report o f the Select T. C. Faragher, N. Q. Cringle, E. G. Committee of Tynwald. Lowey, Mrs. E. C. Quayle, Messrs. W- Cremation Act 1957 — Cremation A. Moore, J.J. Bell, E. M. Ward, B.E.M., Regulations 1976. E. C. Irving, Miss K. E. Cowin, Mr. Value Added Tax — Value Added G. A. Devereau, Mrs. B. Q. Hanson, Tax (Isle of Man) (Fuel and Power) Messrs. R. MacDonald, P. G. Hislop, Order 1976. Valued Added Tax (Isle Sir Henry Sugden, K.B.E., C.B., D.S.O., of Man) (General) Regulations 1976. with Mr. T. E. Kermeen, Clerk oi Tyn­ wald. Rabies — Rabies (Control) Order 1976. Registration of Pleasure Craft Act ANNOUNCEMENT OF 1974 — Registration of Pleasure Craft ROYAL ASSENT Regulations 1976. The Governor: I have to announce Supplementary Benefit and National to Tynwald in accordance with the Assistance (Amendment) Act 197.5 — terms of section 2 of the Acts of Tyn­ Supplementary Benefit and National wald (Emergency Promulgation) Act Assistance (Amendment) Act 1975 1916, that the Royal Assent was given (Appointed Day) Order 1976. to the following Acts on the 19th December 1975 — Peel Town Commis­ Wild Birds Protection Acts 193-2 to sioners (Acquisition and Disposal of 1955 — Annual list of licences granted Land) Act 1975 ; Housing 'Improvement by the Lieutenant Governor in terms Act 1975 ; Tenancies (Implied Terms) of Section 9 of the Wild Birds Pro­ (Amendment) Act 1975 ; and Fertilisers tection Act 1932—Mr. A. H. Prossor of Gladeville”, Brookfield, Ramsey. and Feeding Stuffs Act 1975. Annual Report — Report of the Isle of Man Ainports Board for the year ended 31st March 1975. BILLS FOR SIGNATURE Local Government Board’s Approval The Governor : We have the follow­ to Petition — Approval dated 9th ing Bills for signature — Price Mark­ January 1976, to the following Petition Announcement of Royal Assent. Bills for Signature. Papers Laid Before the Court. T416 TYNWALD COURT, FEBRUARY 17, 1976 —Petition of the Castletown Town (2) While changes have occurred Commissioners for approval to the within the last 70 years in the purchase from Gordon Henry Cubbon, public attitude on what con­ Ballalough, Castletown, of a plot of stitutes obscenity, will you incor­ land situate at the rear of Malew porate in such legislation means Street, Castletown, together with the of identifying publications and stable thereon erected, for the sum oif other offensive material which £2,500 ; and for authority ito borrow patently portray sadism, cruelty a sum not exceeding £2,600 for such and other subjects of an obvi­ purpose. ously depraved character ? (3) In the light of the difficulties INDEX TO I.O.M. ¡STATUTES — which are apparent in the prose­ PUBLICATION OF UP-TO-DATE cution of certain offences against VOLUME — QUESTION BY public decency, will you also MR. CLUCAS provide in such legislation for the strengthening of the author­ The Governor: Questions. I call on ities of both the Court and the ■ the hon. memiber for Ayre to ask the Police in this regard ? question standing in his name. The Governor: Madam, I will seek Mr. Clucas: Your Excellency, I beg the advice of Executive Council on the to ask :— suggestions made. In the interests of efficient admini­ stration, will Your Excellency take steps to have published a complete FISHERY LIMITS — and up-to-date Index to the Isle of Man QUESTION BY MR. MacDONALD Statutes having regard to the current The Governor: Question No. 3, the position whereby copies of the last hon. member for Peel. known Index, published in 1957, are Mr. MacDonald: Your Excellency, I completely unobtainable ? beg to ask :— The Governor: The need for the Will Your Excellency assure the publication of an up-to-date Index to Court that the United Kingdom Author­ the Isle of Man Statutes is recognised ities representing the Isle of Man at and it is proposed to submit this mat­ the forthcoming Law of the Sea Con­ ter t0 the Printing Committee for ference will make it quite clear that action. the Manx Fishing Industry will not Mr. Clucas: Thank you, Your Ex­ accept anything less than a .12 mile cellency. limit under Manx control for its in­ shore fishing fleet and supports the OBSCENE PUBLICATIONS AND United Kingdom in its bid for a 200 INDECENT ADVERTISEMENTS ACT mile general limit around the Atlantic 1907 — IMPROVEMENT OF Coasts of the British Isles ? PROVISIONS — QUESTION BY The Governor: I confirm firstly that MISS COWIN Her Majesty’s Government has been The Governor: Question No. 2, the asked1 to stress this Government’s in­ hon. memiber for East Douglas. sistence on the right of the extension of Manx: jurisdiction to 12 miles if that Miss Cowin: Your Excellency, I beg principle is adopted by the Conference. to ask :— Secondly, Her Majesty’s Government (il) (Will Your Excellency consider has been informed of this Govern­ the introduction of legislation to ment’s acceptance of the principle with improve the provisions of the regard to the exclusive fishing rights Obscene Publications and In­ of at least 12 miles around 'the Isle of decent Advertisements Act 1907 Man, and thirdly Her Majesty’s Gov­ bearing in mind that this enact­ ernment has also been informed of ment has never been amended ? this Government’s support for the Index to I.O.M. Statutes—Publication of Up-to-date Volume— Question by Mr. Clucas. Obscene Publications and Indecent Advertisements Act 1907—Improve­ ment of Provisions—Question by Miss Cowin. Fishery Limits—Question by Mr. MacDonald. TYNWALD COURT, FEBRUARY 17, 1976 T417 United Kingdom's bid for a 200 mile somewhat surprised, but nevertheless general limit or to the edge of the pleased to receive the answer. continental margin whichever be the further. (DEATH GRANT ANOMALIES Mr. MacDonald: Thank you Your AND CONDITIONS — QUESTION BY THE SPEAKER Excellency. Mr. Cringle: Your Excellency, may The Governor: Question No. 5, I call on the hon. Mr. Speaker. I ask a question ? Did you say of at least 12 miles for the fishing rights ? The Speaker : Your Excellency, I beg to ask :— The Governor: Oif at least, yes sir. (1) Will you state the age beyond Which payment of a death grant is restricted to £15 compared BRIDE COASTAL EROSION *— with the normal payment of QUESTION BY (MR. CLUCAS £30 ? The Governor: Question No. 4, the (2) W ill your Board agree that this hon. memiber for Ayre, Mr. Clucas. discrimination is inequitable and Mr. Clucas: Your Excellency, I beg should be abolished ? t0 ask :— (3) Is it a faot that to obtain a Whereas it is a widely held view supplementary death grant in that the existence of a derelict concrete cases of hardship, funeral ar­ jetty on the Island’s east coast, just rangements must not be put in south of the Point of Ayre, is a factor hand until the consent of your contributing towards the coastal Board is sought and granted, in erosion occurring on the easit coast of default of Which payment may the Parish of Bride. be withheld ? If this is so, will And Whereas Your 'Excellency will your Board take steps to remove such an onerous condition ? .be aware of the highly qualified scientific opinion that such structure at The Governor: The Chairman of present totally prevents southerly the Board of Social Security. movement of the upper beach pebbles. Mr. Nivison: Your Excellency, in Will Your Excellency arrange to answer to part (I )1 of the question have destroyed that part of the jetty regarding the age o f a person When now situated below high water mark ? they die and the actual amount of .benefit that is paid, this actual amount To this end will you give favourable of the death grant is set out in the consideration to the utilisation of the Act, it is statutory. The statutory pro­ resources of the Royal Engineers dur­ vision is that on the death of a person ing their next training exercises in who was within ten years of pension­ the Island ? able age on the 5th July, 1948, this The Governor: In accordance with is when the Act came into operation Standing Order 37, I would ask the and when the contributions started Chairman of the Harbour Board tt> that was 60 years for a woman or reply. 65 years for a man, a grant of £15 Mir1. MacDonald!: Your Excellency, only is payable. On the death of a I could not really, at this moment, say person who was not within ten years of whether the Royal Engineers would be pensionable age when the National in a position to do this work in the Insurance Scheme started a grant of coming summer, but certainly I will £30 is paid.
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