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Report of Proceedings of Tynwald Court

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Report of Proceedings of Tynwald Court Printed (by Authority) by CORRIE Ltd., 48 Bucks Road, Douglas, Isle of Man. REPORT OF PROCEEDINGS OF TYNWALD COURT Douglas, Tuesday, 16th January 1996 at 10.30 a.m. Present: Harbours (Isle of Man) Act 1961 - The President of Tynwald (the Hon Sir Charles Harbour Dues (Merchant Vessels) (1996) Kerruish OBE LLD (hc) CP). In the Council: the Attorney- Regulations 1995. (SD No. 630/95) General (Mr J M Kerruish Q C), Mr B Barton, Mrs C M Christian, Mr D F K Delaney, Hon E G Lowey, His Honour Inland Fisheries Act 1976 - A C Luft CBE, Dr- E J Mann, Messrs J N Radcliffe and G Inland Fisheries (Fees) Regulations 1995. (SD No. H Waft, with Mr T A Bawden, Clerk of the Council. 644/95) In the Keys: The Speaker (the Hon J C Cain) (Douglas Representation of the People Act 1995 - • West); Mr A R Bell and Hon T R A Groves (Ramsey); Mr Representation of the People Regulations 1995. (SD R E Quine OBE (Ayre); Mr J D Q Cannan (Michael); Hon No. 638/95) H Hannan (Peel); Mr W A Gilbey (Glenfaba); Mr S C Rodan (Garff); Hon D North (Middle); Mr P Karran and Social Security Act 1982 - Hon R K Corkill (Onchan); Hon B May and Mr EA Crowe Social Security Legislation (Application) (No. 22) (Douglas North); Messrs D C Cretney and A C Duggan Order 1995. (SD No. 587/95) (Douglas South); Messrs P W Kermode and R P Braidwood Social Security Legislation (Application) (No. 23) (Douglas East); Mr A F Downie (Douglas West); Hon J A Order 1995. (SD No.588/95) Brown (Castletown); Hon D J Gelling (Malew and Santon); Social Security Legislation (Application) (No. 24) Hon M R Walker CBE LLD (hc), Mr J Corrin and Hon N Order 1995. (SD No. 589/95) Q Cringle (Rushen); with Prof T StJ N Bates, Clerk of Tynwald. Pension Schemes Act 1995 - Pension Schemes Legislation (Application) Order 1995. (SD No. 590/95) The Chaplain of the House of Keys took the prayers. National Health Service Act 1948 - GOOD WISHES FOR THE NEW YEAR National Health Service (Isle of Man) (General Medical and Pharmaceutical Services) The President: As I welcome hon. members to this the (Amendment) (No. 3) Regulations. (SD No. 569/ first sitting of Tynwald of 1996 I would like to extend to 95) you all the good wishes of the chair for a happy and successful parliamentary year. Local Elections Act 1986 - Local Elections (Fees) Order 1996. (SD No. 97/95) Members: Hear, hear. Financial Supervision Act 1988 - Financial Supervision (Professional Investor Fund) (Exemption) Order 1995. (SD No. 627/95) APOLOGIES FOR ABSENCE Collective Investment Scheme (Periodical Fees) (No. 2) Regulations 1995. (SD No. 626/95) The President: Hon. members, we have apologies for absence from the Lord Bishop and the hon. member for Companies Acts 1931 to 1992 - Onchan, Mr Kniveton. Collective Investment Schemes (Prospectus) (Exemption) Regulations 1995. (SD No.628/95) PAPERS LAID BEFORE THE COURT Investment Business Acts 1991 to 1993 - a Investment Business (Fees) (No. 2) Regulations The President: I call upon the Clerk to lay papers. 1995. (SD No. 625/95) Investment Business (Exemption) (Fund Managers) The Clerk: I lay before the Court: Regulations 1995. (SD No. 624/95) Good Wishes for the New Year Apologies for Absence Papers Laid Before the Court T384 TYNWALD COURT, TUESDAY, 16th JANUARY 1996 Payment of Members' Expenses Act 1989 - Value Added Tax (General) (Amendment) (No. 5) Attendance Allowances Order 1995. (SD No. 599/ Regulations 1995. (SD No. 621/95) 95) Currency Act 1992 - Currency Act (95th Birthday of HM the Queen Customs and Excise Act 1993 : Pool Betting (Isle of Mother Crown) Order 1995. (SD No. 580/95) Man) Acts 1961 to 1970 - Currency Act (Decimal Coins 1995) Order 1995. Pool Betting Duty (Variation) (No. 2) Order 1995. (SD No. 579/95) (SD No.611/95) Currency Act (History of World War II Aircraft Crowns) Order 1995. (SD No. 578/95) Customs and Excise Act 1993 - Currency Act (Inventions of the Modern World Statistics of Trade (Customs and Excise) Crowns) Order 1995. (SD No. 577/95) (Amendment) Regulations (Application) Order 1995. (SD No. 614/95) Council of Ministers Act 1990 - Assignment of Ministers (No. 2) Instrument 1995. Value Added Tax and Other Taxes Act 1973 - (GC No. 43/95) Value Added Tax and Other Taxes Act 1973 (Amendment) (No. 3) Order 1995. (SD No. 619/ Road Traffic Regulation Act 1985 - 95) Designated Roads (Long and Heavy Vehicles) Value Added Tax (Increase of Registration Limits) (Amendment) Order 1995. (SD No. 651/95) Order 1995. (SD No. 620/95) Reports - Craft and Technician Training Scheme 1995 - Third Interim Report of the Council of Ministers Craft and Technician Training Scheme on Future Constitutional Objectives. (Manufacturing, Construction and Service Industries) 1995. (GC No. 38/95) ANNOUNCEMENT OF ROYAL ASSENT Reports - First Report 1995/96 of the Standing Orders The President: Committee of Tynwald. I have to announce that Royal Assent was given to the Trusts Act of 1995 and the Video Report of the Department of Education on 'The Recordings Act of 1995 on 12th December 1995. Future Development of the Manx Language.' Alcoholic Liquor Duties Act 1986 - Beer (Amendment) Regulations 1995. (SD No. 618/ BILLS FOR SIGNATURE 95) The President: We have two Bills for signature, hon. Customs and Excise Duties (General Reliefs) Act members, and if you are agreeable we will continue our 1986 - business while they are being signed. Is that agreed? Travellers' Allowances (Amendment) Order 1995. (SD No. 615/95) Members: Agreed. Customs and Excise Acts 1986 - The President: Thank you. Excise Duties Order 1995. (SD No. 612/95) Customs and Excise Management Act 1986 - NEW HOSPITAL ON THE BALLAMONA/ Revenue Traders (Accounts and Records) BALLAFLETCHER SITE — DRAFT PLANNING (Amendment) Regulations 1995. (SD No. 613/95) ORDER — QUESTION BY MR QUINE Census Act 1929 - The President: Turning now to the question paper I Census Regulations 1995. (SD No. 623/95) call upon the hon. member for Ayre, Mr Quine, to ask the question standing in his name. Hydrocarbon Oil Duties Act 1986 - Other Fuel Substitutes (Payment of Excise Duty Etc) Mr Quine: Thank you, Mr President. I beg leave to Regulations 1995. (SD No. 617/95) ask the Chief Minister: Other Fuel Substitutes (Rates of Excise Duty Etc) Order 1995. (SD No. 616/95) (1) Is it a fact that - Value Added Tax and Other Taxes Act 1973 - (a) you chaired a meeting on 12th October 1995 to Value Added Tax (Imported Goods) Relief discuss strategy and problems relating to the (Amendment) Order 1995. (SD No. 622/95) draft planning order for the proposed new Announcement of Royal Assent Bills for Signature New Hospital on the Ballamona/Ballafletcher Site — Draft Planning Order — Question by Mr Quine TYNWALD COURT, TUESDAY, 16th JANUARY 1996 T385 hospital on the BallamonalBallafletcher site; the Environment that the Braddan Local Plan be amended • (b) this meeting was attended by - by an order under the Planning Acts. The Department of Local Government and the Environment is in fact the (i) NQ Cringle Esq MHK acting for the Minister proposer. Ultimately, if the order is approved, following for Local Government and the Environment the public inquiry, it is Tynwald who will sit in judgement in planning matters concerning the proposed on it. As the proposer it is therefore perfectly natural for new hospital, and the Department of Local Government and the Environment to be a party to meetings on the proposed order, indeed it (ii) ministers and/or representatives of the would be distinctly odd if they were excluded. Department of Health and Social Security, The second point is that government does seek to act Department of Local Government and the corporately, although the different departments are mindful Environment and Department of Transport; of their own responsibilities. It is not merely a group of individual departments acting independently of each other. (c) the representative of the Department of Departments work together and it is perfectly normal for Transport advised that the existing road there to be meetings between departments to ensure mutual arrangements are not sufficient to service the understanding and a consistency of approach. No doubt if new hospital once it became operational; departments appeared at a public inquiry all saying different things there would be criticism. It is in furtherance (d) in view of differences of opinion between of understanding and consistency and corporate government departments as to the provision and government that the meeting took place on 12th October siting of the new link road it was decided to - 1995. • (i) delete from the draft planning order reference Mr Quine: Can the minister confirm that in point of to the proposed access road, and fact the rezoning of this land is a prerequisite to the proposal to site a hospital at Ballamona and that it is part and parcel (ii) amend chapter 6 of the environmental of that planning process and he is splitting hairs and assessment statement to refer to 'options for seeking, I would suggest, to deliberately confuse the public improving access'; and by stating otherwise. This action to rezone this land is part and parcel of the planning process and it is manifestly (2) are you satisfied that these actions by government wrong for a member with responsibility for the planning in the pursuit of planning approval for the siting of aspects to be party to a meeting which was seeking to pave a new hospital on the BallamonalBallafletcher site the way for this approval. are indicative of an open, fair and equitable application of planning procedures? The President: That to my mind is not a question that needs a reply, it was a statement.
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