Local Government Reform

REPORT OF THE SELECT COMMITTEE ON LOCAL GOVERNMENT REFORM

SELECT COMMITTEE OF TYNWALD ON LOCAL GOVERNMENT REFORM

TO: The Hon Noel Q Cringle, President of Tynwald, and the hon Council and Keys in Tynwald assembled

PART 1

INTRODUCTION AND HISTORY

1. Background

At the sitting of Tynwald Court on 14th December 1999, it was resolved "That a Select Committee of five Members be appointed to consider and report on the reform of local government."

Mr Bell, Mr Braidwood, Mr Cannel', Mrs Hannan and Sir Miles Walker were elected to the Committee.

We have held 11 meetings, at the first of which Mr Cannel! was elected Chairman.

2. Evidence

We have had informal discussions with —

(a) Mr B Rae, Arbory Commissioners (b) Mr John Cashen (c) Mr Hamilton, DoLGE (d) Mr J A Kennaugh, German Parish Commissioners (e) Mr J E S Smith, Onchan District Commissioners (f) Mr D Evans, Ramsey Town Commissioners (g) Mr W D Corlett, Michael District Commissioners

We have received written evidence from —

(a) the Council of Ministers (b) Braddan Parish Commissioners (c) Castletown Town Commissioners (d) German Parish Commissioners (e) Laxey Village Commissioners (f) Malew Parish Commissioners (g) Maughold Parish Commissioners (h) Marown Parish Commissioners (i) Michael Commissioners (j) Onchan District Commissioners (k) Peel Town Commissioners (1) Patrick Parish Commissioners (m) Port Erin Commissioners (n) Port St Mary Commissioners (o) Ramsey Town Commissioners (p) Rushen Parish Commissioners (q) Santon Parish Commissioners (r) Isle of Man Municipal Association (s) Professor A Wilson (t) Ballaugh Parish Commissioners (Northern Local Authorities) (u) The Minister for Local Government and the Environment (v) Mr R E Quine MHK (w) Lonan Parish Commissioners (x) Douglas Corporation (y) Mr P G Sadd

The written evidence is set out in Appendix 1.

3. Bibliography

Copies of the following docunients referred to in this Report are lodged in the Tynwald Library —

a. Final Report of the Select Committee on Rating of Domestic Property, September 1985

b. First Interim Report of the Select Committee on the Structure of Local Government, May 1986

c. Department of Local Government and the Environment: "Local Authorities: A Time for Change", December 1991

d. Department of Local Government and the Environment: "Time For Change: Interim Report", November 1992

e. Department of Local Government and the Environment: "Time For Change: Second Interim Report", July 1993

f. "The Structure of Local Government in the Isle of Man": A Report by the Council of Ministers, February 1994

g. Department of Local Government and the Environment: "Securing a Future for Local Government", October 1997

4. History

4.1 There have been attempts over many years to reform local government in the Isle of Man. The Final Report of the Select Committee on Rating of Domestic Property dated September 1985 reflected the frustations at the time and in the Report stated ".. no further improvement is possible without a much wider review of local government organisation in the Isle of Man. This Committee has already sought to achieve this, as have numerous other Boards and individuals over a long period of time, but having failed twice feels it would be appropriate for this subject to be looked at by fresh eyes..."

4.2 This led to the setting up of a Tynwald Select Committee on the Structure of Local Government which, in its Interim Report dated May 1986, said "The Committee hopes that this Report will form the basis for consultation and discussion, and proposes that, after the forthcoming General Election, these consultations and discussions should take on a more formal nature to enable positive recommendations to be laid before Tynwald at an early date." This Report was approved by Tynwald at its sitting in June 1986.

4.3 This Report in turn led to the publication of the consultative document "Time for Change", issued by the Department of Local Government and the Environment in December 1991. This was followed up by the "Time For Change: Interim Report" dated November 1992, which was approved by Tynwald In December 1992. This Report authorised the Department of Local Government and the Environment to "discuss further with Local Authorities in more detailed negotiations the creation of a new Local Government structure".

4.4 The Second Interim Report "Time for Change" was issued in July 1993 and the Report "The Structure of Local Government in the Isle of Man" by the Council of Ministers followed in February 1994. This Report incorporated the final "Time For Change" Report by the Department of Local Government and the Environment, which recommended that Tynwald approval be sought for "The preparation of legislation providing for (i) a reduction of the number of Authorities based on the principles as laid out within this report; and (ii) the return of appropriate functions where practicable to Local Authorities." However, the introduction by the Council of Ministers stated "Whilst the Council of Ministers would not, at this stage, propose to put any proposals before Tynwald arising from the initiative, it has been concluded that the Department's Final Report should be published as a matter of record and to assist local authorities and others who may, in future, wish to consider reform of the Island's local government structure either in part or in whole." This Report was received by Tynwald at its June 1994 sitting. An amendment was moved to attempt to gain approval for the introduction of the legislation recommended by the Department of Local Government and the Environment and also the introduction of a rate rebate scheme, but the amendment failed.

4.5 In October 1997 the Consultative Document "Securing a Future for Local Government" was issued by the Department of Local Government and the Environment. It was materially the same as the Time for Change Final Report and envisaged "that this consultation will lead to the introduction of a Bill into the Branches in the new year."

4.6 The subsequent lack of progress led to Mr Cannell moving the motion "That Tynwald requests the Council of Ministers to reconsider its policy on the reform of local government." at the December 1999 sitting of Tynwald. During the ensuing debate, the Chief Minister confirmed that the Council of Ministers had been unable to reach a consensus on a formula for the reform of local government and they had therefore agreed not to progress the matter. Mr Cannell's original motion was amended which resulted in the setting up of this Committee.

4.7 This brief history commences at the mid 1980s, but calls for reform have been made for much longer, as detailed in Appendix I of "A Time For Change".

5. The Way Forward

5.1 It is therefore obvious that the many and various attempts at reform have all failed because it has not been possible to arrive at a formula which satisfies all of the aspirations of the various bodies involved. The formula eventually adopted must therefore be one which is capable of accepting responsibilities which are transferred from central Government and also those responsibilities of the present local authorities which could be more efficiently carried out by a larger body. We therefore suggest that the present combination authorities structure be used as the basis for what will eventually become District Authorities, as detailed in part 2 of this Report.

5.1 The combination authorities currently in existence are set out in Appendix 2. The number of such authorities has steadily grown as a method of administering functions which smaller local authorities are unable to handle alone or functions for which several authorities have joint responsibility.

5 Members of Combination Authorities are not directly elected and, at present, Combination Authorities rely on income from central Government and from rate income generated by their local authorities. We would envisage that the responsibilities of the Combination Authorities would be amalgamated into those of the proposed District Authorities.

5.3 We believe that a determined effort must be made to introduce legislation for the reform of local government during the life of the next House of Keys. To this end we are suggesting the following structure, which we believe is a feasible way forward.

PART 2

PROPOSALS FOR THE REFORM OF LOCAL GOVERNMENT

6. Introduction

6.1 This Report will not go into detail on the reasons which have led to the calls for reform of local government. These reasons have already been set out in many of the Reports listed in the bibliography in paragraph 3, but in the 1997 Report "Securing a Future for Local Government" the broad principles were seen as being -

"(a) Local Authorities were often seen as too weak politically and having insufficient status to make an effective contribution;

(b) past efforts to equalise artificially and further reduce a largely insignificant rate burden had meant the centralisation of some Local Authority functions and others being met by 100% Government funding; and

6.2 Our proposals are intended as a broad outline and will not contain detailed recommendations and, should they be approved, it would be for the Department of Local Government and the Environment to progress the appropriate legislation early in the life of the next House of Keys.

6.3 We would not expect radical changes overnight but would anticipate that, if a revised format is to be adopted, it would only be the first step and the reorganisation process would continue to evolve over a number of years. However, it is essential that the first steps along that road be taken as a matter of urgency, by the introduction of legislation which allows for a transitional period.

7. Proposed format

7.1 In the various reports (listed in paragraph 3) issued by the bodies and committees who have investigated ways of reforming local government, there is broad general agreement that larger authorities need to be established. We also agree that that is the way forward and propose four District Authorities, based largely on the present Combination Authority concept.

7.2 We envisage that the District Authorities would assume responsibility for local authority housing and the following tables indicate how this would be done.

Northern District:

Population Local Authority LGE Houses (1996 census) housing as at 31.12.00 Ramsey 6,874 539 0 Andreas 1,144 0 39 Bride 405 0 45 Jurby 624 0 117 Ballaugh 812 0 38 Lezayre 1,047 0 34 Maughold 858 0 16 Lonan 1,292 0 37 Laxey 1,433 0 66 TOTAL 14,484 539 392

Eastern District:

Population Local Authority LGE Houses (1996 census) housing as at 31.12.00 Douglas 23,487 2,278 0 Onchan 8,656 393 1 Braddan 2,527 160 73 TOTAL 34,670 2,831 74

Western District:

Population Local Authority LGE Houses 1 (1996 census) housing as at 31.12.00 Peel 3,819 273 20 Patrick 1,198 0 35 German 1,038 0 65 Marown 1,564 0 24 Michael 1,261 0 0 TOTAL 8,880 273 144

Southern District:

Population Local Authority LGE Houses (1996 census) housing as at 31.12.00 Castletown 2,958 254 224 Port Erin 3,218 187 39 Port St Mary 1,874 118 0 Santon 472 0 21 Malew 2,140 8 188 Arbory 1,622 2 94 Rushen 1,441 4 0 TOTAL 13,675 573 566

A map showing the four proposed district authorities is set out in Appendix 3.

7.3 To ensure that everyone, including persons living in rural areas and smaller communities, continue to have effective representation, local authorities will remain.

7.3 There would continue to be the capacity for local authority units to merge if they wished to be of a sufficient size to undertake certain functions or to benefit from shared facilities or staff.

8. Elections

8.1 We envisage general Local Elections when all local authority members will be elected. The current term of office is 3 years and we see no reason why this should change. Spring would seem to be the most convenient time, so as to avoid any clash with General Elections to the House of Keys.

8.2 There will be a transitional period of 3 years, during which District Authorities will consist of serving members of local authority units nominated by their authority. At the expiry of the transitional period all local authority members will be subject to popular election.

8.3 We can see no reason why persons should not offer themselves for election either as a district or local member, or for both.

9. Finance

9.1 The sources of income for local authorities should continue to be rates, Government grants for certain functions, direct charges for the provision of services and borrowings, where appropriate.

9.1.1 Rates

Over the transitional period a revaluation should be undertaken (the last general revaluation was in May 1971) and subsequently a rate for each individual district will be phased in. Cases of hardship can be dealt with by the introduction of a rate rebate scheme.

9.1.2 Government Grants

Government should continue to fund, either wholly or in part, certain functions which are administered by District and Local Authorities.

10 9.1.3 Provision of Services

District and Local Authorities should continue to be able to charge for services, property rents etc.

9.1.4 Borrowings

District and Local Authorities would continue to have the capacity to borrow funds subject to compliance with Financial Guidelines and Regulations. Specific Government approval would continue to be required for items which would involve Government assistance.

10. Responsibilities

A table is set out in Appendix 4 which details our suggested broad outline as to how the various functions could be assigned to the Local Authorities, the District Authorities or to Central Government.

11. Recommendation

We recommend that the proposed local government structure outlined above be adopted as the broad basis for legislation which is to be progressed by the Department of Local Government and the Environment and introduced early in the life of the next House of Keys.

G T Cannel! (Chairman) AR Bell R P Braidwood H Hannan M R Walker

Mrs M Cullen Clerk to the Committee

September 2001

Appendix 1

WRITTEN EVIDENCE

OFFICE OF THE COUNCIL OF MINISTERS Oik Coonceil ny Shirveishee

Government Office, isle of Man Douglas, Government Isle of Man, Rrrys Wort Vannin British Isles. IM1 3PG

Telephone: (01624) 68571 I Fax. No. (01624) 685710 email: chiefsese@govim CHIEF SECRETARY J.F. Kissack, B.Com FIMgt. All Correspondence to be addressed to :- THE CHIEF SECRETARY

Quoting reference : 150.764 Your reference : CJLGROl/mIg

10th February, 2000.

Dear Mr. Bawden,

Select Committee on Local Government Reform

Thank you for your letter of the 3rd February, 2000.

The most recent submission made to the Council of Ministers on Local Government Re ,-;rm by the Department of Local Government and the Environment is the paper dated 1st September, 1999, which was circulated to Members of Tynwald in time for the December 1999 debate under cover of the Chief Minister's letter of the 3rd December. I enclose a further copy of that paper for ease of reference.

Yours sincerely,

4(. J.F. Kissack Chief Secretary

Mr. T.A. Bawden, Clerk to the Select Committee on Local Government Reform, Office of the Clerk of Tynwald, Legislative Buildings, Government Office, DOUGLAS, Isle of Man. CONFIDENTIAL

CoMin.Paper No. Copy No,

MEMORANDUM FOR COUNCIL OF MINISTERS

FROM: Department of Local Government and the Environment

FILE REF: 235

DATE: 1 September 1999

LOCAL GOVERNMENT REFORM

1. Background 1.1 In January 1987 a Motion was put to Tynwald calling for the abolition of the domestic rate over a period of five years. This was based on the inequitable burden of rates between urban and rural areas. It was determined by Tynwald that the (then) Executive Council should consider and report on the issue.

1.2 The issue was reverted to in Tynwald in April 1991 when Members were advised that the study had been widened to consider the future of Local Authorities.

1.3 This requirement to report to Tynwald on the issue was re-affirmed in October 1991 when resolutions to that effect were adjourned on the understanding that the Department of Local Government and the Environment would bring forward proposals for the reform of Local Government.

2. Time for Change

2.1 In 1991 the Department established a working party to look into Reform of Local Government and this resulted in the "Time for Change" - Initial Report which proposed to reform local government on the basis of six District Authorities made up as follows:-

(a) Douglas and Braddan

(b) Onchan, Laxey and Lonan

(d) Peel, Ballaugh, Michael, German, Patrick and Marown

(e) Port Erin, Port St Mary, Rushen and Arbory (West) and

(f) Castletown, Malew, Santon and Arbory (East)

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2.2 The larger authorities were generally in favour of this restructuring to establish 6 District Authorities but the smaller Parish Authorities were opposed and stressed the need to retain a separate rural identity.

2.3 In December 1992, the Department presented an Interim Report to Tynwald. This was based on the findings of the Initial Report which had been issued to Local Authorities and Members of the Legislature as a Consultative Document in the hope of stimulating a wide-ranging debate on the future of local government. A one-day seminar was held for Local Authority Members and views were requested by the end of April 1992. From that it appeared that a number of Authorities would be prepared to consider a "middle road" involving amalgamations of Parish Authorities along a Sheading basis. The objectives were three-fold:

(a) retention of separate rural identity by the grouping of parishes,

(b) avoidance of excessive rate increases on parishes which would result from the coupling of towns and parishes, and

(c) enlargement of Local Authority areas and rate income to enable Local Authorities to undertake additional functions in an effective and economic manner_

2.4 This report recommended that the DLGE should be authorised to discuss further with Local Authorities a restructuring on this basis. This recommendation was approved by Tynwald on 15 December 1992.

2.5 The "Time for Change" - Second Interim Report was issued in July 1993 following further discussion with Local Authorities. This report advocated 12 Local Authorities, made up as follows:-

(a) One Municipal Authority Douglas (b) Six Town/District Authorities Ramsey Onchan Castletown Peel Rushen Braddan (c) Five Sheading Authorities Ayre Michael Garff Glenfaba Malew and Santon

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2.6 Additional functions were proposed for certain Local Authorities, including first stage planning, certain highway functions, public housing, technical and consumer advice, and public information and advice.

2.7 This report also addressed other consequential issues such as election of authority members, attendance allowances, rates, rate rebate, differential rating, rate billing, property revaluation, financial assistance from Central Government and staffing.

2.8. In substance Local Authorities remained divided in their reaction to this proposition. Large urban authorities were supportive of reform but were unhappy with the new approach. Smaller rural authorities remained unenthusiastic about reform but, if reform was to come about, preferred the proposed amalgamation of Parish Authorities.

2.9 The "Time for Change" - Final Report was issued in February 1994 and recommended a 13 Local Authority structure. The additional Local Authority came about by a division into 2 of the previously proposed Rushen Local Authority to provide a Bradda District Authority (Port Erin, Port St Mary and the southern extremity of Rushen) and Rushen District Authority (Rushen excluding the southern extremity and Arbory). This adjustment followed comments on the Second Interim Report from some of the existing southern local authorities.

2.10 The Council of Ministers decided to lay the final report before Tynwald and the same was received by Tynwald on 22 June 1994.

3. Securing a Future for Local Government

3.1 After the General Election in 1996 the issue of Reform of Local Government was re- activated by the Department. In June 1997, acknowledging the remit Tynwald bad given to the Department and having reviewed the recent history, it submitted a paper to the Council of Ministers in which it advocated that:-

(a) the "Time - for Change" - Final Report be re-issued without significantly altering the recommendations and published under a new title;

(b) the new version of the Report be issued to local authorities with an invitation to them to attend a one day seminar at which the Department would explain its proposals for reform;

(d) the comments received be evaluated and a decision taken on the shape and content of required amending legislation;

(e) a Local Government (Amendment) Bill be introduced during the 1997/98 legislative session.

NALGSECSILGESECtCH1EFIVIIN \COLVIN 1 O. DOC

This was endorsed by the Council of Ministers as the appropriate way forward.

3.2 In October 1997, the Department issued a Report titled "Securing a Future for Local Government" embracing the following proposals :-

(a) a reduction in Local Authorities to no more than 13, whilst safeguarding the identity of parish boundaries;

(b) delegation of certain functions from Central Government to the proposed Local Authorities;

(c) a continuation of Central Government financial support for public housing, highways and foul and surface water drainage;

(d) an increase in the term of office of Local Authority members from 1 to 3 years

3.3 Two seminars were organised and Local Authorities were invited to send representatives to consider various key issues. Response was similar to earlier consultation exercises i.e. the larger urban Local Authorities wished to see reform on the basis of a reduction in the overall number of Local Authorities, whereas the smaller authorities wished to maintain the status quo, or failing that, proceed by way of amalgamation of parish authorities.

4. Further Alternative Approach

4.1 Following comments on "Securing a Future for Local Government" from a number of Local Authorities an alternative structure was suggested to the Department and a working party comprising existing and former chief executives and clerks to Local Authorities was appointed to look into a proposal founded on:-

(a) retention of the existing 24 Local Authorities (which would become "District Authorities");

(b) establishment of 4 new Area Authorities (Northern, Southern, Eastern and Western) with Douglas remaining a separate Borough Authority;

(c) Area Authorities to function largely as Combination Authorities, incorporating existing Combination Authorities and assuming responsibility for major areas of local government activity, e.g. housing, environmental health, building control, waste collection, swimming pool and libraries.

4.2 Under this proposal Parish Authorities would remain in being albeit some of their activities would be transferred to Area Authorities. It would bring about more cost- effective local government, even though the reduction in the number of authorities would be less, i.e. from 33 Authorities/Combination Authorities to 29 Area/District authorities.

NALGSECS LGESECT HIEFMINICOMIN I O.DOC

4.3 On conclusion of the Working Party examination the Local Authorities were asked to submit their comments on the latest proposal by the end of May 1999. All but one Local Authority rejected the idea with the majority feeling that the Area Authorities would add another "bureaucratic layer" of government

5. Conclusions

5.1 The objectives set for the proposed reform of Local Authorities were identified at the outset of this exercise as:-

(a) rationalisation of the rate burden which falls to Local Authorities to ensure that the rates levied are more equitable and relate to the provision of facilities and services for rate payers;

(b) restructuring of Local Authorities to ensure that they are of sufficient capacity in population and rate income to maintain the efficient and cost-effective provision of appropriate facilities and services;

(c) re-affirmation of the principle that strong and effective Local Government on the Island is vitally important and this is best achieved by enabling the second tier to play a stronger role by providing local services at local level wherever possible.

Ideally, these objectives should be achieved with regard to the retention of local identity, so far as this may be possible.

5.2 Unquestionably the "Big Six" proposal would provide adequate capacity and rate income to maintain the efficient and cost-effective provision of facilities and services. It would, however, give rise to claims by rural authorities of loss of identity and a continuation of unfair rate burden with parishes paying for town facilities and services which their ratepayers did not use, or used to a much less extent.

5.3 Restructuring by incorporating the amalgamation of parish authorities into Sheading Authorities largely addresses the issue of unfair rate burden in that the larger Sheading Authorities could assume additional duties and responsibilities and sustain the cost. They would have the option of 'contracting out' for some facilities and services if so minded. Parish identity (not withstanding claims to the contrary) could be protected.

5.4 The "Further Alternative Approach", representing a compromise between the "Big Six" and "Time for Change", has few advantages and commanded little support from existing authorities. It would lead to smaller Local Authorities withering on the vine and dying and the probable ultimate absorption of rural authorities into the larger town authorities. Nevertheless, the deliberations of the Working Group have been worthwhile in crystallising many of the key issues

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6. Recommendation

6.1 The Department believes enough time and effort has been expended, over the last decade particularly, in considering the various permutations and that it has fulfilled its remit in recommending its preferred way forward to achieve meaningful and sustainable reform.

6.2 The Department, having considered the various identified approaches, is of the opinion that if changes are to be made, the best way forward is to adopt the 12 Sheading proposal. Essentially this involves the amalgamation of village and parish authorities as illustrated in Appendices 1 and 2 attached. The groupings differ from those advocated in the "Time for Change" - Second Interim Report in that Braddan and Marown are brought together under Middle, and German and Patrick are in Glenfaba in line with Sheading Boundaries. Appendix 3 summarises the existing and proposed duties and functions of Authorities, but, as further work will need to be carried out in relation to the possible transfer of functions, this should be regarded as purely illustrative at this stage. However, the deliberations of the Working Group referred to in paragraph 5.4 will be particularly helpful in examining these important issues in detail.

6.3 Council is invited to endorse the Department's preferred way forward (or to suggest an alternative) which should then form the basis of a briefing for Members of Tynwald prior to Council taking a final decision on the reform of local government and placing a Resolution on the Tynwald Order paper.

N :11,G S ECSTGESECAC HIEFMIN C ONI IN 10.130C 1____.1 I 1 Appendix 2 Proposed SheadingStructure

Municipal Area Members Population Borough (Figures from 1996 Census) 1. Douglas Douglas 16 23,487

Town/District Authorities 2. Ramsey Ramsey 9 6,874

3. Onchan Onchan 9 8,656

4. Castletown Castletown 9 2,958

5. Peel Peel 9 3,819

Sheading Authorities 6. Middle Braddan 4 2,527 Marown 4 (8) - 1,564

7. Ayre Lezayre 3 1,047 Andreas 3 1,144 Bride 3 (9) 405

8. Michael Ballaugh 3 812 Jurby 3 624 Michael 3 (9) 1,261

' 9. Garff Maughold 3 858 Lonan 3 1,292 Laxey 3 (9) 1,433

10. Glenfaba German 4 1,038 Patrick 4 (8) 1,198

11. Malew & Santon Malew 4 2,140 Santon 2 (6) 422

12. Rushen Rushen 3 1,441 Port Erin 3 3,218 Port St Mary 3 1,874 Arbory 3 (12) 1,622

Igaccsuttiastruct Appendix 3

Examples of Existing and Proposed Functions (This list is not exhaustive)

Existing Proposed/Additional

Town/Village Parish Town/District Parish/Sheading

l Abandoned Vehicles x - x x

Bands and Bandstands x - x (where appropriate)

Building Control (some) - x x

Campsite (provision) x (some) x x

Car Parking x - x x

Civic Amenity Sites x x x x

Community Halls x x x x

Consumer Advice (some) - (some) x

NALOSECSICOMMONILGOVUMANIIgnichadoc Town/Village Parish Town/District Parish/Sheading

Control of Dogs x (some) x x

Environmental Health x x x x

Events and Attractions x - x x -

r Flats x - x _ Regulations/Enforcement

Food Hygiene x x x x

Housing x some x _ _ Libraries x - x x

Licensing of Skips -- x x

Licensing of Hackney x - x (Refer to new document) Carriages and Drivers

Litter Act x x x x

4 Local Byelaws/Enforcement x - x x

Markets x - x x

Nuisance Abatement x - x x Town/Village Parish Town/District Parish/Sheading

Pedlars and Street Traders x x x x

Play Areas x x x x

Public Clocks and Seating x (some) x x

Public Information/Advice x - x x

Public Pleasure/Recreation x - x x Grounds

Public Seats and Shelters x x x x

Public Toilets x x x

Refuse Collection x x x x

Sanitation x x x x

Sheltered Housing x (some through Combination Consultation necessary Consultation necessary Authorities) Street Lighting x x x x

Street Nameplates x - x x

Swimming Pools (some through Combination (some through Combination (some through Combination (some through Combination Authorities) Authorities) Authorities) Authorities)

NALOSECSTOMMOIALGO'VUMMALGRSCHED.DCIC Town/Village Parish Town/District Parish/Sheading

Tourist Information x - x x

Unsightly/Derelict buildings x x x x

War Memorialis (some) (some) x (some)

NALOSECSICOMMON'S.GOVUMAMLOSCHED,DOC Braddan Parish Commissioners Commissioners' Office, Close Corran, Union Mills, Braddan, Isle of Man, 1M4 4LZ.

Thodieb Cross Kirk Braddan Telephone: (01624) 852808, Fax Line only: (01624) 852180 by Maureen Costain FtIt-bards

Our Ref: CSLISDIpri1402/1gr 7th March 2000 your Ret: C/LGROI/mIg

Mr T A Bawden Clerk Assistant of Tynwald Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man IM I 3PW

Dear Mr Bawden,

Re: Local Government Reform

I acknowledge receipt of your letter dated the 4th February 2000 the contents of which were considered at the Commissioners meeting on the 14th February 2000.

The Commissioners have set out below a brief memorandum as requested, in which they set out what they believe are the main critical issues, and the relevant reports:

1. "Time for Change Consultation Document" — December 1991. Consultation document proposed the reduction of Local Authorities from twenty-four to six.

2. The Department then considered all the submissions received, and as a result then issued an "Interim Time for Change Report" dated December 1992, in which they were still promoting the changing of the Local Authority structure on the Island, but that format of the change was then to be based on the reduction of Local Authorities from twenty-four to twelve.

3. The Department then considered further the additional submissions received in relation to the "Interim Report", and a "Final Report" was produced by the Department, this report being dated February 1994.

The Report again confirmed the Departments proposal of restructuring Local Authorities, by reducing their number to twelve Authorities.

4. The Final "Report" was debated in Tynwald on the 22nd June 1994, and the outcome of the debate was that the Report "be received", therefore, despite the Department implementing a full and comprehensive consultation process and arriving at a satisfactory conclusion to the majority of Local Authorities, Tynwald declined to make a positive decision, therefore the whole issue of Local Government Reform failed at the final hurdle.

All Communications to be Addressed to the Clerk 5. In October 1997, the Department with the support of the Council of Minister then produced a further Consultation document, referred to as "Securing a Future for Local Government", and again the Department were putting forward the principle of restructuring of Local Authorities, this aim being by way of the reduction to 13 Local Authorities.

6. The Department then after considering all the submissions received in relation to the above consultation document, then produced what is referred to as the "Memorandum for the Council of Ministers, Local Government Reform" dated the lst September 1999, this report being submitted to the Council of Ministers.

This report was once again confirming that the Department were proposing that Local Authority reform must take place, and the proposed restructuring was again based on the reduction of the number of Local Authorities to twelve.

The Council of Ministers apparently decided at their meeting, at which the Departments memorandum was considered that a "consensus" could not be obtained as to a way forward.

The Commissioners strongly believe that with reference to the principle of restructuring of Local Authorities on the Island, a consensus has in fact been obtained, in particular, such consensus being agreed, from the Department publishing its "Interim Report" which was dated December 1992, and from that date onwards they have been consistently of the opinion that the restructuring of Local Authorities should be based on the principle of the reduction of the number of Local Authorities on the Island from twenty-four to 12 and on one occasion thirteen.

The Commissioners further believe, and this belief is supported by the contents of the various reports produced by the Department, that since 1992, this principle is supported by the vast majority of Local Authorities on the Island, and furthermore is supported by in excess of 90% of the people residing on the Island.

The Commissioners would therefore strongly urge your Committee to adopt the Departments memorandum to the Council of Ministers as the way forward, as is relates to the key principle of Local Government Reform, as the Commissioners fully support the conclusions of the report, in particular as it relates to the amalgamation of Braddan and Marown.

The Commissioners totally accept and support the Department's conclusions that when Local Authority Reform takes place, it will provide for more efficient use of public resources, and provide an improved service to the people of the Island.

The Commissioners further believe, and accept that if this very important principle is resolved, then obviously the detail issues need to be addressed, but that they believe there is a serious danger that by attempting to address detail issues prior to the key principle being accepted by Tynwald, then the whole issue of Local Government Reform will, at best, be delayed even further, or may never even occur at all. The Commissioners have specifically kept this Memorandum short in length, as they believe all the detailed assessment has already taken place and addressed in the various reports referred to above, and in the Commissioners various responses, copy of which are attached and referred to as follows:

Appendix One Commissioners submission to the Time for Change Consultation Report date the 7th April 1992.

Appendix Two Commissioners submission to Time for Change — Second Interim Report dated the 27th September 1993.

Appendix Three Commissioners submission in relation to the report referred to as Securing a Future for Local Government dated the 8th June 1998.

This memorandum was approved by the Commissioners at their meeting on 14th February 2000, and trust the above submission meets with your Committees approval.

Yours sincerely,

Enclosures TIME FOR CHANGE SECOND INTERIM REPORT SUBMISSION BY BRADDAN PARISH COMMISSIONERS

Datet 28th September 1993, Braddan Parish Commissioners Memorial Ball, Main Road, Union Mills, Braddan. BRADDAN PARISH COMMISSIONERS RESPONSE TO SECOND INTERIM REPORT TIME FOR CHANGE

The Braddan Commissioners after taking into careful consideration the contents of the Second Interim Report on the

"Time for Change" proposals produced by the Department of Local . Government and Environment, would wish to comment as follows:-

The Braddan Parish Commissioners (hereinafter referred to as "the Commissioners") accept that due to various reasons Local Authorities responsibilities have diminished over a considerable period of time and they believe that one of the main reasons for this is due to the reluctance of a majority of Local Authorities to provide an adequate level of service and facilities for the

Ratepayers in their area. The Commissioners believe that the main reason is due to an extreme reluctance by the majority of

Local Authorities to increase the Rate in the £ on a yearly basis above the rate of inflation.

The Commissioners believe that in their case they have proved that Ratepayers are prepared to accept increases in the Rate, well in excess of the rate of inflation, as long as such increases are related to the provision of improved services and facilities.

The Commissioners believe also that the majority of Rural Local Authorities are not prepared to accept additional responsibility.

The Commissioners believe that the above are the main reasons as to why Central Government have taken over many of the responsibilities previously carried out by Local Authorities.

FIRST INTERIM REPORT

The Commissioners accept that the First Interim Report contained radical proposals, in particular, to the proposed amalgamation of Local Authorities. However, excluding the above the Commissioners believe that in the majority the Report contained excellent recommendations that if implemented, would strengthen Local Authorities in the long term.

The Commissioners did not accept the Department's recommendations that Rural Authorities should amalgamate with Urban Authorities, therefore the Commissioners subsequently submitted a counter proposal that recommended that amalgamation must take place in order to ensure the survival of Local Authorities. However the basis of the amalgamation must be based on Rural Authorities amalgamating with each other as a first stage.

2 The Commissioners were aware that this view found support with the majority of Rural Authorities. However since the Second Interim Report has been released it would now appear that the majority of the Rukal Authorities would appear to be opposing this principle as well.

The Commissioners are extremely disappointed by this negative stance of those Local Authorities and unless the Department are prepared to put forward proposals similar to that as contained in the Second Interim Report to Tynwald for their consideration, then the reorganisation of Local Authorities will fail and in the long term, will result in the total demise of Local Authorities on the Island.

The Commissioners firmly believe that the Department have carried out extensive consultation with Local Authorities since the initial document 'Time for Change' was released, and that they have listened to and accepted the concerns of, in particular, the Rural Authorities on a broad basis.

The Commissioners believe that the Department have attempted and achieved a 'compromise' or 'middle road' in their words as can be seen by the proposals set out by Department in the Second Interim Report.

3 The above being said, the Commissioners would now comment on the proposed functions as set out in the Second Interim Report.

LOCAL GOVERNMENT STRUCTURE

In relation to the proposals as to how they affect Braddan, the Commissioners are prepared to accept the Department's proposal that Braddan should become a "District Authority." However they do have reservations regarding the financial implications that could be involved and as a result they would wish to enter into meaningful discussions with the Department at an early stage in relation to the details as to how such a change can be achieved, in order to ensure that any Rate implications involved are phased in over a reasonable time period.

The Commissioners would prefer that the Department give serious consideration to the amalgamation of Marown, Braddan and Santon into one Authority.

The Commissioners accept that Marown Commissioners are totally opposed to such a proposal.

In relation to Santon the Commissioners are aware that meaningful negotiations are taking place between Castletown and

4 Malew Commissioners and that it is probable that both Authorities will agree to amalgamate. If this is the case the Commissioners believe that Santon should amalgamate with Braddan due to the following:-

(I) Geographically the main centre of the population of Santon is located virtually on the Parish Boundaries.

(II)The Parish boundary presently follows the Crogga Stream which in turn passes virtually through the centre of the Radcon Development.

The Commissioners believe that it is in the interest of all parties and would be advisable if one Local Authority be responsible for such matters as Street Lighting and Refuse Collection from the Complex.

FUNCTIONS.

First Stage Planning

The Commissioners would strongly support this proposal. The Commissioners believe that if this proposal was implemented it would be of benefit to both Local Authorities and the Department.

5 Local Authorities would benefit as they would be seen to be responsible for planning in their own area.

The Department's Officers would then be able to commit more time to defining and updating Planning Policies for the whole Island.

The Commissioners accept there may be a need to "call in" an application for larger or more contentious applications eg. Camlork. The Commissioners would accept that in these instances the Department should consider the application.

The Commissioners would also accept that the review process would be optional at the applicants or Local Authorities discretion.

The Commissioners believe that with the above option included it should result in the planning process being streamlined and avoid the lengthy delays that presently occur.

The Commissioners believe that the existing Appeal procedure should be retained, with the Minister being responsible for the final decision.

6 HIGHWAYS, STREET CLEANING.

The Commissioners believe the Street Cleaning should be a responsibility of the Local Authorities providing an adequate formula can be agreed in order to ensure adequate and fair funding is available to an Authority.

The Commissioners accept that Local Authorities should have the right to provide a higher standard. However this additional cost should be borne by the individual Authority.

The Commissioners would wish to be able to introduce competitive tendering for such service.

HIGHWAY - MINOR REPAIRS

The Commissioners do not believe that Local Authorities should be responsible for Highway maintenance or even minor repairs which would include pavement repairs.

The Commissioners believe that this would be a duplicating of responsibilities and considering the capital costs involved in relation to the purchase of plant etc., the Commissioners strongly believe that the responsibility should rest with the D.H.P.P. 7 The Commissioners believe that this proposal would create fragmenting of the existing workforce and structures if a Local Authority was to use the services of the DHPP on a "contractor" "client" basis.

The Commissioners believe however, that Local Authorities and DHPP should endeavour to work close together to ensure the service is improved and is cost effective.

DRAINAGE

The Commissioners believe that in particular foul sewerage disposal is a national problem and therefore the responsibility for all drainage matters should rest with one overall Authority, i.e. Department of Highways, Ports and Properties. The present situation where there is a splitting of responsibilities in for example Braddan's case, where areas of the Parish have been designated as special drainage areas are under the control of the Department of Highways, Ports and Properties. However the majority of the Parish in land area terms, is the responsibility of the Commissioners.

This leads to, in certain instances, different standards being set by the relevant responsible Authority and in turn, dissatisfaction by the developer/house owner. 8 In light of the pending I.R.I.S. project the Commissioners would strongly support the introduction of legislation that would result in the Department of Highways, Ports and Properties being responsible for all foul and sewerage matters Island wide.

HIGHWAY PERMITS FOR SKIPS

The Commissioners accept that Local Authorities should be responsible for the issuing of Skip Permits subject to an overall Island policy being defined.

PUBLIC SECTOR HOUSING.

The Commissioners strongly believe that all Local Authorities should be "Housing Authorities".

The Commissioners believe that the benefits to the residents of such areas that are presently Housing Authorities is substantial and in particular the Commissioners believe that by being able to house people in their own area improves social and family links.

The Commissioners accept the following recommendations:-

9 (i) Provide that responsibility for overall housing policy and guidance on housing management matters should remain with Government.

(ii) Provide a right of appeal to D.L.G.E. against refusal by an Authority to accept an applicant on their waiting list.

The Commissioners do not believe that it would be beneficial to create a centralised maintenance service as they believe this would not be cost effective or efficient.

The Commissioners believe that each Local Authority should utilise the Private Sector if they wish by way of obtaining competitive tendered contracts on an bi-annual basis for the supply of labour only.

This has benefits in that it would ensure cost effectiveness and would provide regular and reliable work for tradesmen in each area.

The Commissioners support the proposal that a mechanism should be introduced to deal with the transfer of tenants between Authorities as they strongly believe that the present Inter- Authority transfer system does not work in practice.

10 PUBLIC INFORMATION ADVICE.

The Commissioner believe that Local Authorities can fulfil an important role in relation to the provision of public information and advice.

This point has been confirmed by way of an increasing demand at the Commissioners office for such information in particular, with regard to the many and various functions of Government.

Ratepayers find it beneficial to be able to discuss matters of concern with a person they know and can relate to, especially the elderly.

The Commissioners would request that it is important that proper training and briefing of Staff should be implemented and continued on an ongoing basis.

TECHNICAL ADVICE.

The Commissioners accept that Town/District Authorities should employ a Technical Officer however, they believe that in order to reduce the cost implications involved the Commissioners should take over the responsibility of Building Byelaws and that

11 the existing Byelaw charges should be retained by them in order to assist the offsetting of the additional costs involved.

CONSUMER ADVICE.

The Commissioners accept that basic advice could be supplied by the Town/District Authorities again subject to proper staff training being implemented.

ISSUING OF DOG LICENCES, DRIVING LICENCES, FISHING LICENCES,

PAYMENT OF GOVERNMENT TAXES, RATES.

The Commissioners believe that Local Authorities could carry out many of the above functions on behalf of Government which would result in benefits to the Ratepayer in not having to travel to Douglas, but more importantly, would permit Civil Servants to concentrate on more constructive work instead of administrative duties such as issuing Dog Licences etc.

STRUCTURE REPRESENTATION

The Commissioners accept that the main criteria to be taken into consideration when considering amalgamation is to ensure that the end result is an Authority of sufficient size in order to

12 be effective efficient and economic in order to carry out its existing and proposed additional responsibilities.

The Commissioners believe that a Local Authority should employ an adequate number of staff to carry out these responsibilities and a minimum requirement would be the appointment of a Clerk on a full time basis and the provision of an Office in the Local Authority Area that is manned on a permanent basis and is open during normal office hours.

The Commissioners support the proposal that where Parishes amalgamate, electoral wards should be established on what was the existing Parish area in order to retain Parish identity and continued representation from the individual Parishes.

The Commissioners also support the proposal that initially representation should be equal wherever possible or in the case where there is substantial difference in population like Santon, for example, then it would be acceptable that they should be represented by at least 2 elected representatives. If there was to still be considerable concern on this particular point - consideration could be given to increasing the number of representatives to 3 with a phased reduction over a 15 year period.

13 ELECTIONS/PERIODS OP OFFICE

The Commissioners strongly support that there should be a General Election every three years for all members.

The Commissioners believe that this will lead to increased public awareness and generate interest.

The Commissioners accept that there is concern that there is the possibility of a loss of continuity. However this has never been the case in the history of Braddan where all members retire en bloc. Reference is made to the possibility of this happening where Authorities are made up of nine members. If it has never happened in Braddan where there is always great interest in Local Authority elections with only S members then the possibility of it happening with 9 members must be remote.

It has been observed that in the , past when members are retiring en bloc then there is a greater willingness of new candidates to put forward their name for nomination as they can see a greater chance of becoming elected than that of where there is only one or two seats available.

Turning to S.T.V. System, Braddan have recently experienced

14 having to use the system where there was nine candidates standing for five seats. The S.T.V. procedure involved did not cause any difficulties from an operational point however, since the introduction of the provision for voters to use the plump vote it was noted that the unsuccessful candidates obtained only an extremely small number of votes.

In two cases unsuccessful candidates received less than 10 votes and therefore as a result it is unlikely that these candidates would consider standing again for election in the future.

The Commissioners accept that the S.T.V. system may work in the case of single seat elections. However it was extremely apparent with the voters that where 5 candidates are being elected there is strong objection from voters as they believe they are only voting for one candidate by using the S.T.V. system. In light of the reluctance to use such a system by the voters the Commissioners believe that in a multi seat election system S.T.V. should not be used. The Commissioners would therefore request that in relation to Local Authority elections the 'first past the post' system should be re-introduced.

15 ATTENDANCE ALLOWANCE.

The Commissioners totally support the principle that all members of Local Authorities should receive some form of allowance.

The Commissioners have claimed Attendance Allowance on a continual basis for a period in excess of 8 years and it has been noted that when new members are elected there is in certain cases opposition to the principle of members receiving payments.

However after a period of being in office they do accept the payment mainly on the grounds that it assists in compensating the direct 'out of pocket' expenses that one can incur.

The Commissioners would support the payment by way of an annual honorarium as it would simplify the existing system and should be more effective.

RATES

The Commissioners accept that Rates should continue as the main source of financing Local Authorities. That being stated however, if Local Authorities are going to act responsibly and provide adequate services then the Rates levied will increase,

16 the Commissioners therefore would support the principle that a Rate Rebate Scheme should be introduced in order to assist those on low incomes etc. where rates can create financial hardship.

The basis of such system should be subject to careful consideration in order to ensure that it is user friendly and relatively straightforward and simple to operate.

The Commissioners accept that there should be a rating revaluation carried out and this should be instigated as soon as possible.

The Commissioners accept that there will be a requirement for differential rating to apply in the case where Amalgamation takes place.

RATE BILLS.

In recent years the Commissioners have found that the collection of Rates by Treasury has not been effective, mainly due to administration problems encountered in the collection and allocation of monies and the issuing of Final Notices etc.

For example in this current year the due date for the payment of the Rates was 30th June however, it took till 12th September 17 before the Treasury were in a position to issue the First Default List. Final Notices were issued at the same time giving Ratepayers 7 days to pay the outstanding rates. However, the Commissioners.have been advised that the Treasury will not be in a position to issue a further Default List until mid October at the earliest. From this list legal proceedings would then be activated.

The Commissioners accept that it would be unlikely that Treasury would be able to significantly shorten the above timetable.

However, the Commissioners believe that if they were to be responsible for the collection of rates and due to the relatively small numbers involved Final Notices could be issued in mid July.

It is accepted by Treasury that when Final Notices are issued it does result in the majority of defaults being paid.

While the Treasury system would appear to be acceptable, the Commissioners have noted that the number of Ratepayers paying the Rates by the discount date are reducing and while there may be many reasons for this the Commissioners believe that the main reason is that people are aware that they will receive a Final

18 Notice so therefore payment is deferred until such times as they receive this notice. The Commissioners believe that this trend will continue and unfortunately increase. Therefore they believe that Local Authorities should be responsible for•the Collection of their own Rates.

The Commissioners accept that the cost effectiveness of a Local Authority collecting their own rates could be subject to debate especially takirig into consideration the present Rate Collection charge being levied by the Treasury, which the Commissioners believe does not reflect the true collection cost. However after taking into consideration the costs involved it has been identified that the actual cost to a Local Authority would be very similar to that presently paid to Treasury subject to the Local Authority utilising the relevant Software System. The Commissioners believe that the hidden financial advantages could be obtained eg. Rate monies could be collected earlier, therefore allowing monies to be placed on Deposit Earning Accounts.

Ratepayers would also directly relate the Rate implications to the relevant Local Authority instead of the present position where a large number of Ratepayers relate the payment of rates to Central Government as just 'another payment to Government.'

19 In relation to the Rates, the Commissioners believe that Local Authorities should provide a detailed breakdown of estimates which indicate the type and level of expenditure proposed, these estimates could be included when the Rate demands are issued.

FINANCING

The Commissioners accept that financing for Housing, Drainage and Highway Maintenance should continue to be funded from Government. In relation to Housing they would suggest that subject to all Local Authorities becoming Housing Authorities under the proposed restructuring then subject to this proposal the Commissioners would recommend that 5% of the Annual Housing Deficiency should be funded from the Rates. This would ensure that Local Authorities would only put forward Housing schemes that were really necessary.

The Commissioners accept the proposal that financing should be by way of a Block Grant Basis in order to permit more flexibility.

PETITION PROCEDURE

The Commissioners totally support the proposal that Local Authorities should not require the Department's approval for 20 schemes that do not involve Government Funding. The Commissioners believe that a new procedure is established to ensure compliance by all Local Authorities.

STAFFING.

The Commissioners believe that if the proposed amalgamations are implemented then as previously stated the Local Authority should at a minimum employ a Clerk on a full time basis.

The Commissioners also believe that the Local Authority should provide adequate office facilities which is not the case at present, in many instances where the Clerk operates from his own private residence.

The Commissioners strongly support the Department's proposal that adequate and regular training should be available to Local Authority Staff. The Commissioners believe that the full cost of such training could be borne by the Local Authority.

THE FUTURE

The Commissioners accept that if implemented the proposed changes will take time to implement and in some case once

21 implemented it will take time for the Local Authority to settle in.

Subject to this settling period the Commissioners believe that once implemented a working party should be established in order to assess if other responsibilities that are presently being carried out by Government could be transferred back to Local Authorities. The Commissioners believe this process should continue indefinitely.

CONCLUSION. The Commissioners accept the principle of the requirement for the restructuring of Local Government on the Island and therefore they accept the Department's proposals as set out in the Second Interim Report. The Commissioners would however prefer that in the case of Braddan, there should be amalgamation with Marown and Santon.

This submission was prepared by the Clerk to the Commissioners and was approved by the Commissioners at their meeting on 27th September 1993.

D.B. MASON

CHAIRMAN

22 Thoriets Cross Kirk Breciazn

BRADDAN PARISH COMMISSIONERS

Submission in relation to

"SECURING A FUTURE FOR LOCAL GOVERNMENT"

Commissioners Office, Close Corran, Union Mills, Braddan, Isle of Man. 8th January 1998 1:1V14 4LZ OVERVIEW

The Commissioners after careful consideration of the Consultative Document "Securing a Future for Local Government" wish to submit their views on the proposed restructuring of Local Government.

Prior to addressing the practical and physical issues of the proposed amalgamation of Local Authorities, it is important that key criteria are established as to the basis on which a Local Authority should function in particular in relation to the provision of services. The Commissioners accept the present structure of Local Authorities has produced a wide differential between the level of services provided, and in fact, in certain cases it can be stated that certain Local Authorities are not providing a reasonable level of service.

Turning to the key criteria, the main criteria should be to establish effective, efficient and economic Local Government, from this statement the following criteria have been identified as the key issues:-

• To provide a vital constituent of the overall structure of democratic Government of the Isle of Man.

• A provider of local services, the provision of such services should also aim to improve the status of the Local Authority.

• The most appropriate, efficient, effective and economic ways of financing those services whilst maintaining Local Authority accountability for the level of those services

• That the principle that Governmental functions are best performed at the lowest level possible.

From the above, it therefore follows, that a fundamental question arises when a review of the structure of Local Government on the Island is being carried out, "What functions should a Local Authority be responsible for?".

Only once the functions have been defined, can the structure of the Local Authorities be defined. An important question arises at this point, this being:-

• Is the Local Authority the most cost effective and efficient body to carry out the functions, especially bearing in mind that as a whole Local Government and Government as one, are a provider of services to its people ?. Therefore it is important that the body responsible for the provision of the particular function must be the appropriate authority to provide the service on the most cost effective basis.

The Commissioners now wish to comment on the proposed transfer of functions referred to in the Consultative Document. FIRST STAGE PLANNING

With any planning system, regardless of who is the responsible Authority, there is always going to be a degree of criticism, this is mainly due to the fact that planning by its very nature is a subjective issue.

The majority of criticism does not relate directly to who is the functioning authority, but in the main to the planning decisions that are made.

The important issues in any planning system are:- a) That the Planning Authority has clear concise planning policies in place that are regularly reviewed to ensure they address the needs and issues that are relevant to the community at that time. b) That the Planning Authority can process applications from date of submission to final decision in the most effective and efficient manner possible, time being of the essence. c) That the Planning System is equitable to both the applicant and the objector.

How the Proposal would improve the present System

It is evident from the present system, that in many cases there are not sufficient planning policies in place nor are they reviewed on a regular basis.

An example of this is the Braddan Local Plan which was approved by Tynwald in July 1991, it is generally accepted that Local Plans should be reviewed every 5 years, which in this example has not been the case and it is unlikely to be reviewed within the next 12 months. The Commissioners accept the reason given for not being able to review the Plan is due to staffing shortages within the Planning Department.

If as proposed, First Stage planning was to become a Local Authority function, it would release and allow the Departments Planning Officers to commit more time to reviewing the Local Plans and defining more precise and clear planning policies.

This in itself would in the medium to long term be of benefit, not only to Local Authorities but also to the people of the Isle of Man, in that prior to submitting planning applications they would be aware of the particular planning policy relating to what they are proposing, and therefore if they comply with the relevant policy then the application should be approved.

It is accepted that during the initial transfer of the planning function to Local Authorities, there would be no significant benefit as set out above, but this period would be relatively short, especially when put into perspective of the overall issue.

If the above principles were to be accepted, this would be a large step towards revitalising the status of Local Government on the Island. The Commissioners believe that once the step has been taken and has proven to be successful, it will act as a catalyst to review in the future the possibilities of the transfer of further Government responsibilities back to Local Authorities

In the medium to long term this would be beneficial to Central Government, in that the more responsibility/functions that are accepted by Local Authorities then this principle addresses the important issue of reducing the burden of the cost borne by Central Government in providing services on the limited tax revenue resulting from a low direct taxation policy.

Requirements to ensure the proposed change brings benefits

The Commissioners are of the opinion that the above is subject to the following:-

The amalgamated Authorities are of sufficient size, and when size is referred .to this has to be the Rateable Value of the area, this point is addressed further within this submission.

ii) That the Planning Department is adequately resourced to review and define Planning Policies for the Island on an ongoing basis.

iii) That the Department review the current system in order to obtain a more streamlined and efficient system.

An example of iii) could be that the review stage is made optional to the applicant.

The Commissioners accept that since the introduction of delegated powers to the Director of Planning, that this amendment to the procedure has speeded up the planning process, however it has to be stated that from the date of submission of a planning application through to the final decision, assuming the application is taken though the planning stages, is still generally one year. The Commissioners are of the opinion that this period is excessive and that the system should be reviewed in order if possible to reduce the time period.

As stated above, by transferring the responsibility to an alternative Authority, this in itself would not address the issue, in fact there is a perception that the time period involved would be even longer than present, but this is, as stated, only a perception and depends on to a greater degree the outcome of the overall size of the amalgamated Authorities.

Regional Authorities will remove accountability

The Commissioners have noted that reference has been made to the establishment of Regional Planning Authorities, however they are totally opposed to this proposal as it would establish another tier of Government and would take away from the Local Authority the decision making process with regards to the determining of Planning Applications and therefore the accountability of the Local Authority to its electorate. The Commissioners are also concerned that in principle the transfer of planning to the Local Authorities could create 13 Planning Authorities compared to the current situation of one Planning Authority, as a result the level of consistency in determining Planning Applications has to be carefully considered, but again if there are sufficient clear and precise Planning Policies in place, this would not be a significant issue.

Conclusion

The Commissioners are of the opinion that in the overview, Town and Country Planning involves issues of national policy which is important, however if the current proposal is to be implemented, then Central Government would be responsible for defining Policy and the Local Authorities would be responsible for the implementation of the Policies. The Commissioners therefore are of the opinion that First Stage Planning should be responsibility of the Local Authority.

BUILDING BYELA WS

The Commissioners believe that the present situation that exists, in that the larger Authorities provide this service, while the remaining Local Authorities rely on the Department of Local Government and the Environment to provide this service is unjust to the ratepayers of the larger Authorities, as they have to contribute to this cost by way of the rates, whilst the remainder of the ratepayers have to bear no direct cost.

In order to ensure an equal rate burden across the whole of the Island, which is a very important principle, the Commissioners believe that the revised Local Authorities should provide this service. That being stated however the revised Authorities should be permitted as a point of principle to recover a reasonable level of the cost of the provision of such services from the individual applicant.

The basis of the recovery has to be an equal charge across the Island, an example of how this could be addressed, is that a standard charge could be set for site inspections, as is the practice in the UK.

HIGHWAYS - STREET CLEANING

The Commissioners accept that in general terms the level of street cleaning in their opinion is adequate, however they accept that this may not be the case in other areas of the Island.

In order to address this issue, the Commissioners would suggest the following:- a) That the DOT be required to define what they believe is the level of Street Cleaning provided at present. This could be defined by the status of areas eg. Towns, Villages and the category of A, B & C roads on the Island. b) Once this main level is defined and agreed, then the Local Authority should be granted the flexibility that if they require an improved service, then the cost of this improved service would be rate borne. SKIP PERMITS

The Commissioners agree with the principle that the issuing of skip permits could be a Local Authority Function, but it would depend on the DOT defining an overall policy as to where skips would or would not be permitted to be placed and that again a fixed fee should be agreed for the whole of the Island that would cover the reasonable costs of the administration costs involved in issuing the permit.

This principle follows the "Polluter pays Principle" which is a Government Policy.

RATES REVALUATION REQUIRED

The Commissioners believe that the principle of Rates remains as the main source of deriving income for Local Authorities.

That being said however, the Commissioners are very much aware that the "base" on which the income is derived, the rateable value, is based on rental values from 1968 to 1970, no revaluation has taken place since that date.

It is imperative that the data for raising taxes is fair and equitable and represents current values, this is obviously not the case and requires addressing. It is accepted for example that over the 20 years since the last revaluation was carried out, the rental growth on of Offices and Commercial premises has exceeded the growth on domestic premises, therefore the domestic ratepayer is actually paying a higher actual level of rates than the Commercial premises.

The Commissioners accept that the cost of a full revaluation would be considerable especially if individual property was to be valued in order to arrive at a specific value to that property.

The Commissioners are aware that a revaluation could be carried out -by using a multiplying factor to the existing values, on evidence of current rental values. The danger with this proposal is that the assumption is made that the existing rateable values are accurate across the Island. The Rates Department have accepted this is not the case as there are anomalies that arise from time to time. If the multiplying factor was to be applied then this would aggravate these anomalies even further.

The Commissioners are of the opinion that the introduction of rates based on "banding" of values would be a more cost effective and fairer method than the existing system, in that rateable values of individual properties would not be required to be defined to the actual pound. The administration of the system would, once initially established, be relatively easy and cost effective to update on a regular basis.

An example of this would be say for an existing estate of 40 houses, the initial evidence would establish the value of the properties based on recent sales values, once this information had been obtained then in the majority of cases this would establish banding in which all properties within that estate would be placed. ALL ISLAND AMENITY RATE TO FAIRLY SPREAD THE COST OF "ISLAND SERVICES"

The Commissioners would be totally opposed to an Island rate on the principle that an independent source of revenue is vital for the accountability of Local Authorities, an all Island rate would be inequitable in that it presumes an equal level of service across the Island.

It is the latter principle that the Commissioners believe raises an important issue, this being the provision of services in Towns which would not be expected nor required to be provided in the Parishes, eg. Libraries, Swimming Pools, Car Parks, and very relevant example, the Villa Marina.

It is accepted that there is and always will be a requirement for the main towns to provide additional services than the Village Parish Authorities, therefore the Commissioners would propose in principle that an All Island Amenity Rate be introduced.

The principle would be that where the town resolved that a particular function provided a service to the Island as a whole, and subject to obtaining the approval of DLGE, then the annual cost would be spread across the whole island by taking the annual cost and dividing it by the total rateable value of the Island, this rate would then be applied and collected by all the Islands Authorities.

ATTENDANCE ALLOWANCES

It has been noted that in many cases Local Authorities do not claim Attendance Allowances. The Commissioners believe the attendance allowance should be mandatory, as the principle of Local Authorities voting themselves payments is a difficult principle to accept for elected members due to its perception within the electorate.

HOUSING

The Commissioners strongly believe that all Local Authorities should be Housing Authorities, as this is a function that can be efficiently and effectively carried out at a local level, however Government should remain as the overall Policy maker.

The Commissioners strongly believe that there are social benefits in being able to provide housing for the Local People within the area that they have resided in, this would also result in the strengthening of family ties.

HIGHWAYS - MINOR ROAD REPAIRS

The Commissioners taking into consideration the key issues referred to previously, are of the opinion that the most effective and efficient provider of this service is one Highway Authority for the whole Island. In recent times, the service provided by the Department of Transport has significantly improved, especially since the introduction of the "Rapid response pot hole gang". The Commissioners do not believe that it would be cost effective to establish for example 13 "rapid response gangs" and whilst the level of service may improve albeit slightly, the cost to the customer would increase significantly.

The Commissioners strongly believe that this function should remain with the Department of Transport.

RESTRUCTURING OF LOCAL GOVERNMENT

The Principle

Turning to the practicabilities of restructuring of Local Authorities, the Commissioners have reviewed all the previous Time for Change reports, their own submissions, the Consultative Document - Securing a Future for Local Government and listened with interest to the general opinions presented by the Authorities at the recent seminars.

The Commissioners support totally the Minister's statement that change is going to occur and has to occur if Local Authorities are to continue to be an important role in the Government of the Isle of Man, however, it is the extent of change that is the main issue.

There is a very strong opinion and consensus within Local Authorities, and the Commissioners believe within the electors as a whole, that any amalgamation that is proposed, has to be based on a rural to rural amalgamation and not Town to Rural, in order to ensure local identity is retained.

The Commissioners therefore support the principle, in that it is very important that a Local Authority reflect the following:-

1) The national identity and character of the different areas of the Island, it is important for the need to retain this individual character.

2) The identity of Local people to represent the Local Community and to provide the needs of that community.

3) The need for the devolution of local functions from Central Government in order to allow Central Government to concentrate on National Issues.

The Basis of Amalgamation

If the above principles are accepted, then the practical issue of amalgamation becomes relatively straightforward, in that the following six organisations would be Town Authorities:

Douglas---Ramsey---Castletown---Peel---Onchan---Port Erin\Port St Mary a) In order to obtain support for amalgamation, this will only be achieved if it can be demonstrated that their will be a benefit to the local people. b) That the relevant Local Authority should be of sufficient size to sustain an adequate staffing requirement and to undertake to provide the services required in a cost effective and efficient manner. c) That wherever possible that the rating values of the amalgamated rural areas are as similar as possible, without having to divide existing Parishes, however accepting the natural social links and affiliations are equally important. d) That the amalgamated areas are of similar size in relation to population.

The Commissioners therefore propose that a further five Local Authority areas be created and for ease of reference these are referred to as follows:-

Central - Braddan, Marown, Santon. Northern Bride, Jurby, Andreas, Lezayre, Western Ballaugh, Michael, Patrick, German. Eastern Maughold, Lonan, Laxey. Southern - Malew, Rushen, Arbory.

With regard to the key criteria set out above, and comparing the proposal as set out in the Consultative Document, Braddans proposal is set out below:- r Authorities Pop Rateable Houses Authorities Pop Rateable Houses Govt.Pmposal Value Braddan Proposal Value

Braddan 2527 282790 896 Central 4513 436037 1622 Avre 2596 3)4976 1086 Northern 3220 355714 1315 Michael 2697 174105 1061 Western 4309 286279 1797 Garif 3583 253993 1507 Eastern 3583 253993 1507 Glenfaba 3800 264472 1505 Southern 4957 483153 2147 MaLew & Santon 2457 320225 1029 Rushen 2922 204642 1284 Total - 7 20582 1815203 8368 Total - 5 20582 1815203 8368 Mean Average 2940 2593.15 1195 Mean Averagr 4116 363041 1674 The Braddan proposal clearly produces a significant increase in the overall size of Authorities by increasing the population by an average of 1,176, and the rateable value by an average of 103,726, the latter being very important.

The immediate question that arises is to what should be the minimum size Authority.

The answer has to relate directly to rateable value, as this is the main source from which Local Authorities income is derived, it obviously follows that without a reasonable level of income a Local Authority cannot fulfil its function. It is also an important issue that wherever possible Local Authorities should be of an equal. size with regard to the Rateable Value in order to ensure that the level of rate required to provide a service in the different areas requires a similar level of rate to be levied.

If we were to take for example, Braddan, at present the RV is 282790 producing an income of approx £400,000.00.

The level of staff is provided by a Clerk and two secretaries, all other services are presently contracted out, including in particular the provision of technical services and finance.

The Cost of Providing the Additional Services

Based on the above, if Planning and Byelaws are to become a Local Authority function then it can be seen that the cost of retaining the additional technical staff would require what would be seen as a significant increase in the rate in the pound to cover the cost of the additional staff required. In Braddan's case this would require an additional rate of 12p in the £ to be levied.

It is this point that the Commissioners believe is the very crucial issue with regard to the whole issue of the review of Local Authorities, is that the revised Authorities have to be an adequate size by way of Rateable Value to be able to spread the overall cost without having to increase substantially the rate in the pound. It is not possible to define an exact minimum rateable value on which the above statement is made, however, from Braddan's experience and current position, a minimum rateable value would be in region of 1300,000.000.

The above calculation is based on Braddan's current rateable value, rate in the pound levied and the main direct fixed costs.

The Commissioners strongly believe that if the principle of the size of the areas as they relate to rateable values is not the key issue on which amalgamation and functions are based, then any revision of Local Authorities is very likely to fail and in particular not achieve the original aim, which is to strengthen Local Authorities and ensure they provide a cost effective service to their people.

The Practical Problem of Amalgamation of Parishes

Turing to the actual physical amalgamation of the Parishes, the Commissioners have based their proposal on rural to rural amalgamation, ensuring the identity and character of the different areas of the Island are retained as far as possible, and ensuring that the amalgamated areas are of sufficient size from a rateable value stance point and where possible the revised areas are similar in size.

This issue has been carefully considered and a brief outline of the proposals are set out below:- Central

The Parish districts of Marown and Braddan are very similar in that both Parishes have a central village, both of which are located on the Al Douglas to Peel Road. Both Parishes have substantial areas of open and sparsely populated countryside. The mix of people within the relevant areas is of very similar nature.

With regard to Santon, the Commissioners accept that this is a totally rural area, however the rural area is similar to South Braddan and the Braaid area.

The Commissioners believe the benefit to the residents of the area is that the amalgamation would be of similar people with very similar views and concerns.

Northern

The Northern Parishes are very similar in nature and population type, being the in main of open countryside with one village serving the current individual Parishes.

Western

These three parishes are very similar, in that again the three individual Parishes have as their centre a village, the remainder of the areas being of open countryside.

Eastern

In this case, Laxey is in the main a village with both Parishes adjoining, however the character of the village and its occupants is in the main rural.

Southern

Again the three Parishes are very similar, but that in the case of Malew, Ballasalla is a large Village, but that Malew includes a substantial rural area.

With regard to elected representation, the Commissioners accept the principle that in a democratic society, elected representative should be based as far as practical on equal number of elected representatives per number of electors.

The Commissioners accept that to ensure "fairness" when amalgamating some of the larger Authorities with smaller Authorities, this principle may not apply, this could mean as an example in the case of the Braddan area, that three wards are created, these being: 1) Santon & South Braddan 2) North Braddan, 3) Marown

and that these wards would be represented by two members. CONCLUSION

The Commissioners believe the above proposal complies with the 3 Key Aims, these being :-

a) rural to rural amalgamation, b) amalgamation of areas with similar social interests/concerns. c) The proposed Authorities are sufficient in size to carry out the functions to a satisfactory standard.

The Commissioners firmly believe that if the revised restructuring of Local Government does not establish Authorities of minimum size as stated, then the whole and good intention could fail and to quote the late Mike Savage who quoted "Machiavelli" in the Time for Change report

"Nothing more difficult to arrange, more doubtful of success and more dangerous to carry through than initiating changes in a states .constitution. The innovator makes enemies of all those who prospered under the old order and only lukewarm support is forthcoming from those who would prosper under the new."

The above quotation the Commissioners believe clearly reflects general opinion, therefore it is vital that the "innovator" ensures that the outcome of the review establishes effective and efficient Local Authorities which provide an active role in the democratic government of the Island.

The Commissioners accept that the easy solution is to do nothing or make minor changes that meets with a consensus approval at that point in time, however in the medium to long term, if the review has not established effective units of Authority and the initial aims have not been achieved, then the innovator will be clearly seen to have failed.

-oOo-

This submission was approved by the Commissioners at an extraordinary meeting held on the 8th January 1998.

Signed D.B. Mason, Chairman LOCAL AUTHORITIES A TIME FOR CHANGE submission by BRADDAW PARISH COMMISSIONERS

Thoriiefe Cross Kirk Briddm by Mailmen Co:tort Richogit,... FOCAL AUTHORITIES - A TIME FOR CHANGE.

Having carefully considered the consultative document "Local Authorities, A Time for Change", Braddan Commissioners unanimously resolved to oppose the proposed amalgamation set out therein.

The Commissioners obtained the unanimous constituency support of these views at a Public Meeting held on 7th April 1992 where the

Commissioners proposal of amalgamating Rural to Rural Authorities was totally accepted.

The Commissioners strongly believe that the proposal of amalgamating Rural and Urban areas would lead to a loss of representation in so far as the elected representatives are concerned, because Urban representatives would not fully appreciate the needs of people living in Rural Districts. This would result in a loss of the- sense of local identity and importance, leading to a reduction in the quality of life of those who choose to live in the country.

However, the Commissioners have accepted that some change in the present system is necessary if Local Authorities are to strengthen their position and become effective suppliers of services to the people in the future, with their representatives working together in a fully integrated system of local and central Government.

-1- Irrespective of the acceptance of this proposal, the Commissioners are of the opinion that the proposed Rural Committee's would not be required.

This Board is therefore of the view that if amalgamation is to take place then it should take place between like and like. In this case, that means Rural Parishes amalgamating with one another and not simply being absorbed into larger Urban Areas.

In the case of Braddan the suggested areas for amalgamation would be Santon, Malew, Marown and Braddan. This area encompasses four Rural Authorities and two House of Keys constituencies and would appear to form an ideal scale of Local Government. To this end amicable negotiations are already taking place between the parties with the exception of Marown Commissioners who have declined to attend any meetings.

The basis of the overall proposal centres around proportional representation linking the new Rural Authorities with the elected House of Keys representatives where ever possible, thereby creating logical and secure bonds between Central Government and the Local Authority and the people. This would allow direct representation whenever necessary, avoiding conflicts of interest in areas with divided representation.

-2- When considering possible amalgamation even between Rural Groups the protection of the identity of the smaller authorities is of

paramount importance.

Therefore it is proposed that all existing Parishes within amalgamated areas should wherever possible have equal representation. In order to facilitate this in terms of electoral numbers it is suggested that a new ward system of elections should be set up.

For example as in the case of Santon, the formation of new wards, South Braddan and North Malew, to be included in the Santon electoral area which would ensure an even balance and strengthen representation within the whole District for Santon.

Furthermore, the Commissioners endorse the principal that Rates can and should continue to provide an effective means of financing the majority of Local Authority functions.

Douglas should remain as an individual Authority, but it is acknowledged that there should be a mechanism to relieve the

Douglas and other major Urban rate payers of the burden of financing and supporting some schemes which are deemed to benefit the Island as a whole.

-3- Justification for this decision is that:-

Douglas Town presently has a ratable value of £1,901,527. This accounts for approximately 37% of the total current ratable value of the whole Island. This generates a total rate income for Douglas at present day rates in the Pound of £3,232,596 and which in turn represents approximately 50% of the total Island rate income which amounts to £6,174,035.

The Commissioners accept that a revaluation is necessary to correct the anomalies between residential and commercial properties.

They also accept the short term proposal to adopt factor increases as contained in appendix 2 of The General Revaluation Paper prepared by W.R. Ennett, Government Valuer.

These matters will result in substantial increases in ratable value, particularly in Douglas which has a higher proportion of commercial properties and flats, rendering the highest factor increases.

The proposal suggested by this Authority for possible amalgamation on an Island wide basis would be in accordance with the shaded areas of the plan attached hereto, forming 6 rural and 4 urban Authorities. This would result in a reduction from .24 to 10 Local Authorities.

-4

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..0 RAMSEY -a PEEL PAGE 5 PROPOSED SECOND STAGE.

Following the Senimar held by the Department of Local Government and the Environment and having noted the comments made the Minister and his Chief Executive at the above, the Commissioners accept that in the long term, URBAN areas, excluding Douglas, may wish to amalgamate with the proposed enlarged RURAL areas.

However, they feel that to proceed to total amalgamation at this stage, or to proceed with the proposals contained within the Consultive Document would meet with strong resistance and a high degree of unacceptability from all people living in the rural areas.

The Commissioners firmly believe that if changes are to be implemented then they must be carried out in such a manner as to obtain the support of the people. The Commissioners would refer to the recent example by the Government on the adjacent Isle when they introduced the Poll Tax. The Government and the Poll Tax were defeated principally because the electorate were not prepared to accept such a radical change.

The question arises as to when this 2nd stage should be implemented. The Commissioners answer would be to implement the 1st stage initially, the 2nd stage should not be considered until such times as the new Authorities, members, and the electorate have adjusted satisfactorily to this change.

-6- The Commissioners suggest the above proposal should find a greater degree of acceptance with Rural Authorities, but more importantly with the people these Authorities presently serve, being the electorate.

If stage two is to be implemented following the successful amalgamation of Rural areas, then the Commissioners would propose that in the case of the newly formed Central District, the Urban area of Castletown be included.

With regard to all Island integration the Commissioners would propose the following arrangement:-

1. Douglas 2. Northern (including Ramsey Town, Lezayre, Bride, Andreas and Jurby). 3. Western (including Peel Town, Ballaugh, Michael, German and Patrick). 4. Eastern (including Onchan Village and District, Laxey Town, Lonan and Maughold).

5. Central (including Castletown, Malew, Santon, Braddan and Marown). 6. Southern (including Port Erin Village, Port St Mary Village, Rushen and Arbory).

Please see attached plan.

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Dave euiliarlty t • I The proposed restructuring will provide proportional representation for each of the District Authorities, with each having three Members of the House of Keys to represent them, the exceptions being Eastern District, including Onchan, with four, and Douglas having eight:-

Northern District Ayre (1) and Ramsey (2) = 3 Western District - Michael (1) Peel (1) & Glenfaba (1) = 3 Central District - Middle (1) Malew & Santon (1) and Castletown (1) = 3 Southern District - Rushen (3) = 3 Eastern District Garf (1) & Onchan (3) = 4 Douglas = 8

The Commissioners reaffirm their total opposition to the introduction of a 3rd tier of Government (the proposed Rural Committee's) which is not deemed necessary or effective.

The Commissioners endorse the Departments policy that rates should be retained as the method of financing Local Government. (please see appendix 1).

- 9 - In conclusion the Braddan Parish Commissioners submit that:-

1. The proposals contained in the report "Time for Change" are totally rejected;

2. Change is necessary, but that the Commissioners proposal for amalgamation of Rural areas should be accepted and implemented; as shown on Plan 1, Page 5.

3. Having achieved satisfactory amalgamation of Rural Authorities, then the second stage of integrating the Urban areas into their respective Rural areas should be considered, as shown on Plan 2, Page 8.

4. Rating is the preferred method of financing Local Authorities, however they also support the introduction of a separate "National Amenity Rate".

5. There are many principles of structure and function which must be addressed and agreed by negotiation between Central Government and the Local Authorities once the basic premise of amalgamating Rural Authorities is accepted.

-10- APPENDIX 1. FINANCING OF LOCAL AUTHORITIES.

1. The Commissioners support the Department's policy that rates should be retained as the method of financing Local

Authorities.

2. The Braddan Commissioners accept that rates are a tax,

therefore after the proposed amalgamation the newly created larger Authorities should eliminate the current service

anomalies that presently exist between individual small parish Authorities, such as refuse collection for example. Therefore there will be no justification for differential rating.

3. Historically it is accepted by the Commissioners that there has been justifiable criticism of the rate differentials between individual Authorities. The Commissioners accept that these rate differentials will be reduced following the implementation of the restructured amalgamation.

However they do accept that there is a need to further address this problem, in particular with regard to services

and facilities which might be regarded as "all Island."

Such schemes as Villa Marina, Ramsey Marina and the Western Swimming Pool projects are accepted as having "all Island" usage, but should remain as a Local Authority

responsibility. It is accepted, however that funding of these schemes by the newly created Authorities would still create substantial differentials in rating or the call for Government financing. The Commissioners therefore propose that a special "national amenity rate" be introduced.

This "national amenity rate" would initially require the relevant Local Authority and the Department to identify particular projects which would meet the criteria of having an all Island benefit, and would require the Department's approval regarding need and financial requirements.

Once these projects are identified, and level of finance approved, the Commissioners would propose that the cost of such schemes should be borne by an equitably proportioned rate applied across the Island.

Example - Villa Marina Refurbishment Scheme

Projected Capital cost: £6,000,000 Annual Deficiency cost: £706,969 *****

Douglas Rate required assuming rateable value of: £2,000,000 Required rate in the pound: 35.38p

National Amenity Rate required assuming rateable value of: £5,000,000 Required rate in the pound: 14.13p The above would result in a reduction to the Douglas rate payer of a 21.25p rate in the pound.

This is turn would result in a saving of £53.12p per annum, which is based on a rateable value of a property being £250.00. ASTLETOWN 200 FOR THE NEXT MILLENNIUM Castletown Town Commissioners Town Hall & Civic Centre Farrants Way, Castletown Isle of Mon, iM9 1NR Tel +44 (0)1624 825005 Fax +44 (0)1624 827134 Town Clerk C !Dawson Administrative Officer C H Meokin

Our Ref 17/ao/sa

Your Ref C/LGRO1/m1g

24 February 2000

Dear Mr Bawden

Local Government Reform

In reply to your letter dated 04 February I have been directed by the Commissioners to advise you that they have nothing further to add to their last comments contained in a letter dated 10/05/99 forwarded to the DLGE (see copy enclosed).

The Commissioners are convinced the proposals outlined by the Council of Ministers in 1994 offers a sound basis for the way ahead and they hope that at long last something will be done to reform local government on the Island.

Yours sincerely

Administrative Officer

Mr T A Bawden Clerk — Select Committee on Local Government Reform Office of the Clerk of Tynwald Legislative Buildings DOUGLAS IMI 3PW is III misamilit SERVING THE COMMUNITY SINCE 1884

ASTLE.TOWN 200 FOR THE NEXT MILLENNIUM Castletown Town Commissioners Town Hall & Civic Centre Forrants Way, Costletown -Isle of Man, 1M9 1NR Tel +44 (0)1624 825005 Fox +44 1011624 827134 Town Clerk C J Dawson Administrative Officer C H Meakin

Our Ref SF/23/A0

Your Ref RAH/MC/235

10 May 1999

Dear Mr Quine

Further Alternative Approach to Local Government Reform

Thank you for your letter dated 8 April 1999 enclosing proposals in connection with the above.

In reply I have been directed by the Commissioners to advise that they were unanimously opposed to the establishment of District and Area Authorities thereby creating a further tier of local government without reducing the number of the existing local authorities to a reasonable number.

The Commissioners are still in favour of the recommendations published in the report by the Council of Ministers in February 1994 whereby 13 local authority districts were proposed. The District of Castletown would take in Derbyhaven, Scarlett, The Ronaldsway Industrial Estate and the Airport (see appendix 4 of report).

The Commissioners were not happy that certain responsibilities would be divided between the area and district authorities and Government leading to confusion for members of the public.

The Commissioners preferred the previous proposals whereby additional functions would be transferred to Local Authorities i.e. 14 Stage planning Street Cleaning of Highways and Minor Repairs to same and all public sector houses within the Town to be managed and allocated by the Commissioners.

The Commissioners consider these latest proposals to be a retrograde step and will not achieve greater interest by the public in local government and in fact these proposals would in all probability achieve the opposite.

In conclusion the Commissioners respectfully request that the previous proposals be resurrected and be given serious consideration as they represent the best available compromise for local government reform as the dawn of a new Millennium approaches.

Admin Officer

Hon R E Quine MHK Minister DLGE Murray /louse Mount Havelock DOUGLAS

SERVING THE COMMUNITY SINCE 1884

GERMAN PARISH COMMISSIONERS

CLERK TO COMMISSIONERS MRS. C. 0. FAID BEDWYN, - 13, QUEENS DRIVE, TELEPHONE: PEEL, 01624 842766 ISLE OF MAN, IM5 1BH.

13/03/00

Mr T A Bawden Clerk to Tynwald Legislative Buildings Douglas IOM

Dear Mr Bawden

Select Committee on Local Government Reform

With reference to your letter dated 4th February 2000 I am directed by my Commissioners to advise as follow:

The Commissioners feel that their views have been well documented since the original Time for Change Document and in the last proposals. They have expressed some surprise that this matter has now been resurrected and they are concerned about the overall costs both to Government and the Local Authorities which has been expended in time, correspondence and seminars.

They would hope that the Select Committee would do a costing on the matter since it's beginning and publish it.

The Commissioners remain totally against Time for Change in any of it's "forms" but have commented that if Government were to state exactly what services they wish to dispose of to the Local Authorities and when, then the Local Authorities would be more likely to work out a satisfactory solution to the problems.

The Commissioners are now awaiting feedback from the Select Committee.

Yours sincerely

Mrs C D Faid MAAT Clerk to Commissioners

Centenary Year 1895 - 1995

Laxey Village Commissioners 35 New Road • Laxey • Isle of Man • 1M4 713G Clerk to the Commissioners: T.A. Kinrade Telephone: (0 1624) 861241 • Facsimile: (01624) 862623

6th March 2000

Mr T A Bawden Office of the Clerk of Tynwald Legislative Buildings Douglas Th41 3PW

Your Ref: C/LGROl/mIg

Dear Mr Bawden

Re: Select Committee on Local Government Reform

Thank you for your letter dated 4th February 2000.

My Commissioners considered your letter at a meeting held on lst March 2000 and I have been directed to inform you that they do not wish to make any further specific points at present.

Yours sincerely

TO COMMITTEE 2, f 312000

MALEW PARISH COMMISSIONERS Main Road Ballasalla Isle of Man IM9 2RQ Clerk: Mrs. M. B. Crellin Telephone: (01624) 823522 Fax: (01624) 822053

Yr. ref: C/LGROl/hmh 21st ult.

13th March 2000.

Mr. T.A. Bawden, Clerk Assistant of Tynwald, Office of the Clerk of Tynwald, Legislative Buildings, Douglas, Isle of Man, IMl 3PW.

Dear Mr. Bawden, Re: Select Committee on Local Government Reform.

Your letter of the 4th February stated that all the relevant reports etc produced during the last twenty years have been noted by the Committee and that Malew Parish Commissioners are invited to submit a memorandum setting out any further points they wish to make. At their Meeting of the 8th March 2000 the Commissioners stated that they considered Malew's original submission of two local authorities, North and South, to be the most appropriate and that any deviation from this would create a problem, for instance Douglas must be taken into the Reform and not left as a separate entity. Two local authorities with one administration serving both would be cost effective, even one Assembly Chamber, and having two local authorities would bring into effect checks and balances which would not be achieved by only one local authority. Under the Malew Scheme no boundaries would change and each Town/Parish would retain its identity and a reduced representation. The existing offices could serve a broader community requirement by providing service and information from various sources, including Central Government Departments, i.e. D.H.S.S., Tourism etc. Malew has an updated version but the Commissioners consider it unnecesssary to present it at this time. They are very concerned about the amount of money and manpower which has been expended over the years on the the subject of Reform, and consider that a proper costing of the various schemes presented should have beem carried out to justify the proposals. Finally, they emphasise that any reform must be done radically, uselfishly and bravely, otherwise local authorities must be left alone as compromise would be more costly.

Yours sincerely,

ACKN". Cleric LcL.QtzDf...,t;111CULA'1"--— TOCOMMITTEE 7/13 z000 5 MAUGHOLD PARISH COMMISSIONERS

Clerk: Mrs Judi Penrose — 24 Barrale Park — Ramsey — Isle of Man 12v18 Tel/Fax — (01624) 815628

18th March 2000

Mr T A Bawden Clerk to the Committee on Local Government Reform Office of the Clerk of Tynwald Legislative Buildings Douglas 3PW

Dear Mr Bawden

We are in receipt of your letter asking for any further points the Maughold Commissioners might have on Local Government Reform.

The Commissioners support the natural evolution of the role of Local Authorities to meet the needs of the Island's individual communities at any point in time, as has been the case e.g. with the formation of the Northern Swimming Pool Board, and the Northern Elderly Person Housing Committee.

They do not support the kind of reform proposed in recent reports which would be imposed top-down to meet unclear objectives at further cost.

In looking at Local Government Reform over the years, and the Commissioners have spent a great deal of time on this subject, they have constantly asked:- a. What is hoped to achieve and why? b. What advantage it would give to the residents of our Parish and/or to the wider Island Community, and c. What would be the costs involved.

Our questions have in the main remained unanswered and The Commissioners, with the support of the Maughold People, have opposed the suggested reforms.

The Commissioners feel that the wide democratic base which the present Local Authority structure provides is one which has evolved naturally to serve the Island over 100 years and more and is one which the Island should treasure and be proud of Individuals feel they have useful input into what happens in their own locality - such local knowledge and support is invaluable, often unseen and irreplaceable. Our Local Authorities, each serving their own community in their unique way, contribute much to the whole Island.

Yours sincerely,

M Fargher ACKNOVgLED 1iED 61 L'it.,A.JL,p-',i Chairman TO COMMITTEE ~91*200e MAROWN PARISH COMMISSIONERS

Clerk to Commissioners BEDWYN, MRS C. D. FAID M.A.A.T. I3 QUEENS DRIVE, PEEL, Telephone & Fax: ISLE OF MAN 01621+842766 IM5 1 BH.

15/03/00

Mr T A Bawden CJrk Assostant of Tynwald Legislative Buildings Douglas 1M1 3PW

Dear Mr Bawden

Select Committee on Local Govern mentReform

My Commissioners thank you for your letter dated 1st March 2000, supplying the details of who is on the Select Committee and they have asked me to comment that they think this Committee is again weighted against the Rural Authorities, there being only one Member who represents a Rural Area.

Yours sincerely

- Mrs C D Faid MAAT Clerk to Commissioners

V".

2.00V : 7:14?-N MAROWN PARISH COMMISSIONERS

Clerk to Commissioners BEDWYN, MRS C. D. FAID M.A.A.T. 13 QUEENS DRIVE, PEEL, Telephone & Fax: ISLE OF MAN 0162L-842766 1M5 IBH.

24/02/00

Mr T A Bawden Clerk to Tynwald Legislative Buildings Douglas IOM

Dear Mr Bawden

Select Committee on Local Government Reform

With reference to your letter dated 4th February 2000 I am directed by my Commissioners to advise as follow:

The Commissioners views have been submitted many times over the last few years and they feel that they have exhausted their comments.

The Commissioners are now awaiting feedback from the Select Committee, in the meantime they would be grateful if you could advise who is on the Committee.

Yours sincerely

Mrs C D Faid MAAT Clerk to Commissioners

ACKNOWLED3ED isCiFiCTEL:- TO COMIVUITEE 29 131.2000 Michael. Commissioneus Barmantee MaayL

Commissioners' Office Main road Clerk: Kirk Michael Mrs J.E.Corlett Isle of Man Tel. (01624) 878836 IM6 IER Fax:(01624) 878836

Please reply to The Clerk_ r March 2000

Mr T A Bawden Office of the Clerk of Tynwald Legislative Buildings Douglas IM1 3PW

Dear Mr Bawden

Re: Select Committee on Local Government Reform

Thank you for your letter dated 4 February 2000 regarding the above, which was discussed by the Commissioners at their recent monthly meeting.

The Commissioners have asked me to write to say all their original comments/objections dating from 1992 to 1999 still stand.

Yours sincerely

Clerk

Aerid ,7,1 TO COMMITTEE 2.000 liflicbaet ConunigEfiortens BARRANTEE SKYLLEY MAAYL

Clerk: 3Q d ti COMMISSIONERS' OFFICE MRS. J.E. CORLETT MAIN ROAD Tel. (01624) 878836 KIRK MICHAEL Fax. (01624) 878836 ISLE OF MAN IM6 lER PLEASE REPLY TO: THE CLERK

10 June 2000

Mr T A Bawden Clerk Assistant of Tynwald Office of the Clerk of Tynwald Legislative Buildings Douglas IM1 3PW

Dear Mr Bawden

Re: Select Committee on Local Government Reform

With reference to your letter dated 18 May 2000, which was discussed by the Commissioners at their recent monthly meeting.

The Commissioners have asked me to write to you to say that the main reason for amalgamation was that the boundary between the village and parish was very ill conceived and divided many properties. There was very little difference in the rates between the village and parish at the time of amalgamation.

Yours sincerely

Clerk

ALL COMMUNICATIONS TO BE ADDRESSED TO THE CHIEF EXECUTIVE/CLERK Onchan District Commissioners

Main Road, Onchan, Isle of Man, IM3 IRD. J.E.S. SMITH Tel: (01624) 675564 - Administration and Finance CHIEF EKECUTIVE/CLERK COMMISSIONER FOR OATHS Tel: (01624) 624967 - Surveyor and Works Fax: (01624) 663482

7th March 2000

Mr T.A. Bawden Clerk Assistant of Tynwald Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man . IMl 3PW

Dear Mr Bawden

Re: Select Committee on Local Government Reform

Further to my letter of 9th February 2000, I enclose Onchan District Commissioners' submission to the Tynwald Select Committee on Local Government Reform.

Yours sincerely

J.E.S.SMTTH Chief Executive/Clerk.

TO ;.:,ZcYLeirrEb

ALL COMMUNICATIONS TO BE ADDRESSED TO THE CHIEF EXECUTIVE/CLERK Onchan District Commissioners

Main Road, Onchan, Isle of Man, IM3 1RD. J.E.S. SMITH Tel: (01624) 675564. Administration and Finance CHIEF EXECUTIVE/CLERK COMMISSIONER FOR OATHS Tel: (01624) 624967 - Surveyor and Works Fax: (01624) 663482

MEMORANDUM

SUBMISSION TO: Tynwald Select Committee on Local Government Reform

Date: March 2000

1. Onchan District Commissioners are firmly of the opinion that the present structure of local government on the Island is in need of radical reform in order that Local Authorities could become more effective and stronger. Effective local government would benefit central government more by relieving the latter of local services and functions.

2. This Authority favours the proposals contained in the original "Local Government — A Time for Change" document dated December 1991. These proposals would provide a meaningful local government structure creating six local authorities of sufficient size to be viable and able to undertake all of the functions identified in the document.

3. The present arrangement where there is a considerable differential in the level of rates levied and services provided by the 24 local authorities on the Island is totally inequitable. Onchan District Commissioners do not favour an all Island rate but they are of the opinion that every local authority should employ qualified staff and undertake all local government functions and provide those local services and amenities required by every community.

4. Reasons for the present inequity include

4.1 Local authorities that discharge all local government functions employ administrative, technical and professional officers. Such officers in addition to executing the work of the Authority are able to provide advice to members of the Authority and to the general public. 4.2 Only four authorities on the Island (Douglas, Onchan, Ramsey and 'Peel) carry out the Building Control function at ratepayers expense. In the remaining areas, the Department of Local Government and the Environment exercise this function, funded by the taxpayer. This is a local function that should be carried out at local level. 4.3 A minority of the existing local authorities manage and maintain social housing within their respective districts and even fewer maintain drainage on behalf of the Department of Transport. Although Housing and Drainage is funded by Government , Local Authorities could not undertake these functions if they did

not employ staff and have the infrastructure in place for other purposes and at least a part of the administration costs involved are met from the rate fund. - 4.4 The larger authorities have offices (a point of contact for the public and an information centre), provide libraries, community centres, sports and recreational facilities (which are often used by ratepayers of other districts). . -• 5. With ottly;six local authorities on the Island, local government would not only be more effective :and stronger but it would have a better public profile. There would also be added interest. if there was a general. election :.of all members every 3 or 4 years rather than :the,tresent: arrangement of elections _for a third of the membership every year in *hid thereiS,:eoniistent public -

Onchan District Cominissioners do not concur.. with the view that the reduction in the niiMber of local authorities to six would result in loss of identify for the smaller parishes and villagOdiatricts. All districts would retain their individual names and identities the only Change being the size and name of the loeil authority that provides the services. • 7. 71,,ocal-:GOVernment — A Time for Change" proposals include provision for Parish or Village:COrainittees siinilar to the Onehan Rural Committee which was formed under the provisions 91 the Onchan District Act 1986 when Onchan Village Commissioners and Onchan Parish" COmniissioners amalganiated. The Onchan Rural Committee considers inatteii-iffeeting the rural ward and makes recommendations thereon to the Board of Cothinissioners. This arrangement has operated very successfully for the fourteen years since its-inception. Three members of the five strong committee are elected by the voters of the rural ward (including the Chairman of the Committee who also represents the rural ward as a Commissioner).

8. The proposed restructuring of local government recommended in (a) the second interim report ("Time for Change") dated July 1993 and (b) the Report by the Council of Ministers dated February 1994 were "middle of the road" approaches to the subject reducing the number of authorities to 12 and 13 respectively. Although a step in the right direction these proposals would not achieve 12 or 13 effective local authorities of sufficient size to be viable and able to sustain the necessary staffing and infrastructure to undertake all local government functions and provide all local amenities and services.

9. Onchan District Commissioners did not favour the latest proposals contained in the "Further Alternative Approach" to local government reform documents circulated in April 1999 for the following reasons:

9.1 A two-tier system of local government would be created establishing 4 "area" authorities but retaining all 24 existing local authorities which is neither desirable Or necessary.

9.2 The division of responsibilities between the existing local authorities and the proposed Area authorities was arbitrary and would be even more confusing to the public than the present arrangement. Such division would also be detrimental to the interests of the existing larger authorities (except Douglas) that already carry out most, if not all, of the functions and responsibilities which under these

2 alternative proposals would be divided between the proposed two-tiers of local government.

9.3 Such proposals would not achieve a true reform of local government. It would be an alternative to the present system but would not in the Commissioners opinion be an improvement which should surely be the aim of any reform proposals.

10 In conclusion and to summarise, Onchan District Commissioners strongly favour the proposals contained in the original "Local Government — A Time for Change" document. The six local authorities proposed would have sufficient rateable value base to sustain the staffing and infrastructure necessary to carry out the full range of functions and to provide those local amenities and services required by all communities. There would be consistency throughout the Island creating a better public understanding and interest in local government. The Rating System should be retained to provide an effective means of financing the majority of local authority functions. It also ensures that local authorities are directly accountable to their ratepayers. A general rating revaluation is long overdue (last such revaluation was introduced in 1971) to address the many known anomalies.

J.E.S. S CHIEF EXECUTIVE/CL&K ONCHAN DISTRICT COMMISSIONERS

March 2000.

3 ALL COMMUNICATIONS TO BE ADDRESSED TO THE CHIEF EXECUTIVE/CLERK Onchan District Commissioners

Main Road, Onchan, Isle of Man, IM3 1RD. J.E.S. SMITH CHIEF EXECUTIVE/CLERK Tel: (01624) 675564 - Administration and Finance COMMISSIONER FOR OATHS Tel: (01624) 624967 - Surveyor and Works Fax: (01624) 663482 Our ref JESS/ASD

Your ref: C/LGRO 1 /ej m

18th July 2000

Mr T.A. Bawden Clerk Assistant of Tynwald Office of the Clerk of Tynwald Legislative Buildings DOUGLAS Isle of Man 1M1 3PW

Dear Mr Bawden

Re: Select Committee on Local Government Reform

Further to my letter of 15th June 2000, I now enclose herewith a brief paper on the amalgamation of the former Onchan Village and Onchan Parish Authorities and our experience of the practical side of the amalgamation with particular reference to such matters as rating.

I would be pleased to provide any further information the Committee may request.

Yours sincerely

d144J.E.S. SMITH CHIEF EXECUTI CLERK

Enc MEMORANDUM

To: TYNWALD SELECT COMMITTEE ON LOCAL GOVERNMENT REFORM

From: MR J.E.S. SMITH CHIEF EXECUTIVE/CLERK ONCHAN DISTRICT COMMISSIONERS

Re: THE AMALGAMATION OF ONCHAN VILLAGE AND ONCHAN PARISH COMMISSIONERS

Date: 17th July 2000

1. Onchan Village Commissioners and Onchan Parish Commissioners reached agreement in 1984/85 on the amalgamation of the two Authorities.

2. At that time the following information was relevant-

Onchan Village Onchan Parish

Commissioners 9 5 Population 7,500 340 Commissioners' Rate 68p 13p

3. A Private Members Bill was then passed through the branches of Tynwald and became the Onchan District Act 1986 amalgamating the two Authorities with effect from 151 April 1986 and provided, inter alia, for the following:-

3.1 The Authority to be known as the Commissioners of the Local Government District of Onchan (Onchan District Commissioners) to be a village for the purposes of the Local Government Acts;

3.2 The District was divided into two wards namely:-

3.2.1. the Urban Ward (the former Village) 3.2.2. the Rural Ward (the former Parish).

3.3 Representation to be as follows:-

3.3.1. Urban Ward — 9 members 3.3.2. Rural Ward — 1 member

There was a transitional provision for two years whereby in the first year (1986/87) there were three Rural Commissioners on a Board of 12 and in the second year two Rural Commissioners on a Board. of 11. Thereafter one Rural Commissioner on a Board of 10.

3.4 A Rural Committee was established to "consider matters affecting the Rural Ward and make recommendations thereon to the Commissioners".

Tynwald Select Committee On Local Government Reform 17th July 200 Re: The Amalgamation Of Onchan Village And Page 1 of 3 Onchan Parish Commissioners

3.5 The constitution of the Rural Committee is as follows:- The Rural Ward Commissioner (the Chairman) Two Urban Ward Commissioners Two elected Rural Committee Members (elected by the Rural Ward)

3.6 Differential rating for the Rural Ward:-

25% of urban rate in first year increasing by 5% in each succeeding year until 50% of the urban rate was reached which continues ad infinitum. The rural rate is therefore one half of the urban rate in perpetuity.

Note: In 2000/01 the urban ward rate is 163p and therefore the Rural Ward rate is 81.5p.

4. The following financial information relates to the Rural Ward in 1999/2000:-

4.1 The rate income from the Rural Ward was £16,600

4.2 Estimated direct expenditure — Rural Ward

Administration 2,500 Rui* Commissioner's attendance allowance (Board only) 170 Refuse Collection 10,223 Street lighting, seats and signs 450 Grass cutting and maintenance of public open spaces 550

Total £13 893

4.3 The small balance of rate income remaining was a contribution towards the cost of the public office and the amenities and services provided by the Authority for all its rate payers.

5. Amenities and Services available to both urban and rural rate payers include:-

5.1 Public Office which provides:-

5.1.1 General and housing information; 5.1.2 Technical expertise — planning/building regulations; — flats regulations 5.1.3 Byelaws/Dog Control/Nuisance Abatement — Enforcement 5.1.4 Vehicle, dog and fishing licences.

5.2 Public Library which provides:-

5.2.1. Over 20,000 books in the lending section; 5.2.2. Reference section; 5.2.3. Talking books "tapes' 5.2.4. C.D. Rom/Internet facility;

Tynwald Select Committee On Local Government Reform 17th July 200 Re: The Amalgamation Of Onchan Village And Page 2 of 3 Onchan Parish Commissioners 5.2.5. Photocopying service

5.3 Youth and Community Centre

5.4 General and Sheltered Housing;

5.5 Building Control;

5.6 Parks and sports facilities and playgrounds;

5.7 Civic Amenity Site; and

5.8 Public Conveniences.

6. The integration of the two Authorities into one was very successful without any problems being experienced and in particular the fears of some that the interests of the former Parish would not be safeguarded, proved unfounded. In practice the representation arrangement works very well with the Rural Commissioner playing an active part on the full Board including serving periods of Office on all Committees, serving as Chairman of a number of Standing Committees and of the Board.

Mr J.K. Watterson who was Chairman of the Commissioners for the year to 1st May 2000 is the present Rural Commissioner. Mr Watterson has stated that he, and the Captain of the Parish of Onchan, Mr Harvey Briggs, (a former Parish Commissioner) have yet to meet a ratepayer in the Rural Ward who considers that the amalgamation of the two Authorities has been detrimental to the Parish. To the contrary, all consider it to be beneficial.

In practice, the Rural Committee arrangement has worked very well meeting every five weeks and being an integral part of the Authority's committee structure.

I attach for information copy of the minutes (public section) of the meeting of the Rural Committee held 3rd May 2000 as an example of the Committee's business.

J.E.S. SMITH CHIEF EXECUTIVE/CLER 17th July 2000

attach

Tynwald Select Committee On Local Government Reform 17th July 200 Re: The Amalgamation Of Onchan Village And Page 3 of 3 Onchan Parish Commissioners 7 Rural 03.03.0(1 IN PUBLIC

Minutes of a meeting of the RURAL COMMITTEE held in the Boardroom at Hawthorn Villa, Main Road, Onchan, on Wednesday 3'd May 2000 at 5.15 p.m.

Present: Messrs J.K. Watterson (In the Chair), J.M. Bulley (from 5.17 p.m.), M.J. Kennaugh and B.H. Moore

Apologies: Mr G.K. Astill

In Attendance Peter Kelly (Administration) and B.T. Price (Building Control Officer)

R/00/05/01 WELCOME

The Chairman welcomed members to the first meeting of the municipal year and gave a special welcome to Mr Kennaugh who was returning as a member of the rural committee after an absence of some months.

R/00/05/02 MINUTES

Minutes of a meeting held on 29' March 2000, copies of which having previously been circulated, were taken as read, confirmed and signed.

R/00/05/03 BUSINESS ARISING FROM THE MINUTES

The following matters were arising from the minutes:-

(a) Abbeylands Extra Light

Quotation reported as received by the Manx Electricity Authority in respect of providing a 70 watt lantern (white light source) on the existing M.E.A. pole opposite the properties beyond Abbeylands chapel at a cost of £379.34 plus V.A.T..

An alternative price was for a five metre steel column with 70 watt lantern as before, price to include reinstatement of highway or mole excavation as required at a cost of £2,733 plus V.A.T.

Administrative Officer informed members that the M.E.A. had advised that as the lantern was to be attached to one of their poles there was no necessity for a wayleave. Should the pole ever be removed with the general undergrounding of cables in that area then a replacement standard would be required. After brief consideration it was RESOLVED*:-

To accept the tender of the Manx Electricity Authority in the sum of £379.34 plus V.A.T. for the installation and connection of a 70 watt lantern (white light source) on the existing M.E.A. pole opposite the properties in the vicinity of Abbe ylands chapel.

(Financial provision made via Works and Cleansing Committee)

Page 1 of 3 Rural U3.05.0() IN PUBLIC

(b) Manx Motor Racing Club

Letter reported as received from Manx Motor Racing Club Limited in response to the letter sent by the committee. It was noted that residents whose properties were adjacent to the course for the three hills challenge would be notified well in advance of the closure times and dates. Suitable diversion signs would be put in place and that the Willaston Sprint and the Cregneash Hill Climb could not be swopped as far as dates are concerned due principally to the fact that • the crematorium operated on Fridays. Noted.

R/00/05/04 OUTSTANDING MATTERS

The list of outstanding matters had been circulated prior to the meeting and there were no items for discussion in public.

R100105/05 MATTERS ARISING FROM PREVIOUS MEETINGS

Nil.

R/00105/06 MATTERS REFERRED BY BOARD/OTHER COMMITTEES

Nil.

R100/05/07 PLANNING MATTERS

The Building Control Officer reported on the receipt of three planning decisions viz:-

(a) PA99/00887 — Change of Use of Field for Grass Track Karts. Field 795 off the Begoade Road

Approved, subject to a condition prohibiting the change of use taking place until the necessary car parking area has been provided. Noted.

(b) PA99/01107 — Erection of Replacement Dwelling (Amended Application), Bibaloe Beg Bungalow, Bibaloe Beg Road

Approved, subject to standard conditions except that the garage must have two single garage doors and not one double door as shown. Noted.

Approved, subject to a condition restricting its use to agricultural purposes only. Discussion took place in respect of this application as the Commissioners had object on the grounds that there was insufficient proof of the necessity for such a large building for approximately two acres of land holding.

RESOLVED*:-

To recommend to the Board that a review be sought in respect of this application.

Page 2 of 3 7 Rural 03.05.00 IN PUBLIC

R/00/05/08 ANY OTHER BUSINESS

(a/ Time and Date of Next Meeting

Wednesday 31' May 2000 at 5.15 p.m.

(b) Beating the Bounds

Agreed that arrangements be made to beat the bounds on the evening of Wednesday 17th May subject to the availability of a suitable vehicle.

Vice-Chairman

It was unanimously agreed that Mr J.M. Bulley be the Vice-Chairman for the current municipal year,

There being no further business the meeting terminated at 6.13 p.m.

Page 3 of 3 MEMORANDUM

To: TYNWALD SELECT COMMI1TEE ON LOCAL GOVERNMENT REFORM

From: MR J.E.S. SMITH CHIEF EXECUTIVE/CLERK, ONCHAN DISTRICT COMMISSIONERS

Re: "LOCAL AUTHORITIES — A TIME FOR CHANGE" Date: 4th August 2000

1. Central Government has evolved and changed with the times — in particular with the change from Boards to Ministries.

Local Government on the Island has not changed in any meaningful way since its inception over 100 years ago.

3. 24 Local Authorities and numerous combination Authorities on an Island this size wilt a population of less than 75,000 makes no sense at all.

4. There are so many anomalies and inconsistencies in the present set up and I quote three examples as follows:-

4.1 A majority of the Parish Authorities employ only a part-time clerk and do not have an official office. They provide very little in the way of services and amenities and rely on Central Government Departments to carry out the functions and provide whatever services that they are unable to. They are little more than watch dog committees.

4.2 The administration of social and sheltered housing on the Island is a real "hotch potch"

4.2.1 Douglas and Onchan administer both in their respective districts;

4.2.2 the other Local Authorities that are housing authorities administer social housing in their respective districts;

4.23 combination Authorities administer sheltered housing outside of Douglas and Onchan;

4.2.4 the Department of Local Government and the Environment (DOLGE) administer social housing in the other parish districts.

Memo to: Tynwald Select Committee On Local Government Reform ,august 2000 ?age 1 of 4 4.3 Douglas, Ramsey (at the moment), Peel and Onchan deal with building control in their respective districts with the DOLGE providing the service without cost to the rate payers in the remainder of the island.

5. To the general public the present system on the Island is very confusing. To Government Departments it must be frustrating to have to communicate with so many Local Authorities with varying degrees of expertise and knowledge.

6. Putting aside the difference in the domestic rates levied by the fully functioning Local Authorities compared to those levied by the smaller almost non-functioning authorities — putting that aside — it is anomalous that the rate payers in certain districts pay through their rates for certain services in their own districts and through their taxes for the same services that are provided by Government in the other districts.

7. I believe that radical reform of Local Government on the Island is long overdue.

8. "The Time for Change" Report of 1991 recognised this and recommended a total of 6 Local Authorities to replace the present 24 and the several combination Authorities.

9. The 6 would be of sufficient size and rateable value to be viable — to sustain the staffing required to undertake the full range of functions and to take over from Central Government other functions, albeit on an agency basis.

10. All housing could be administered by those six Authorities. They would be responsible for building control and, on an agency basis, for street cleaning, all grass and hedge trimming and even pavement and public rights of way maintenance. This would be in addition to the other local services the larger Authorities presently provide.

11. The important thing is that all six Authorities would carry out the same functions and the five outside of Douglas would be of reasonably equal size and standing.

RATING

12. I believe that perpetual differential rating for the rural areas is reasonable provided that the difference is not too great as this would compensate for the fact that the residents of the rural areas have to travel in to the urban areas to enjoy certain amenities.

13. It is essential that rates continue to provide an effective means of financing the majority of Local Authority functions and ensuring that the Authorities are financially accountable to their rate payers.

Memo to: Tynwald Select Committee On Local Government Reform August 2000 Page 2 of 4 IDENTITY AND RURAL COMMITTEES

14. Apart from Douglas, the Capital and an established Borough Council, the other five Local Authorities could be given names different to any of their constituent parts. For example, the Local Authority which would comprise Onchan, Laxey and Lonan could be named the Eastern District Commissioners (or Council) or even adopt a manx name of the region.

15. There would be no loss of identity for each of the individual villages and parishes, they would continue to be known as Onchan, Lonan and Laxey, the only difference, which would not be visual in any way, would be the Local Authority that provided the services and carried out the functions.

16. The Rural Committee arrangement in Onchan following the merger of Onchan Village and Onchan Parish has- proved very effective — it continues to work well looking after the interests of the Rural Ward.

17. Similar arrangements could apply to the constituent parishes and villages that form the six new Authorities.

APATHY AND ELECTIONS

18. Much has been said about the public apathy towards Local Authorities, in particular, at the annual elections.

19. The Time for Change Committee felt that six fully functioning Local Authorities would have a better standing, a higher profile, be more effective and there would be less confusion about their role.

20. Also the present system of a third of the members of each Authority retiring by rotation each year (in the towns and villages) leads to apathy. There would be more interest created and I believe less apathy if there was a general election, say, every four years for the entire Board of each Local Authority in a similar way as the House of Keys dissolve and a general election is held every five years.

CONCLUSION

21. In conclusion, may I say that I have been Clerk to the Onchan Village Commissioners and then Onchan District Commissioners for the past 31 years during which time Government and Members of Tynwald frequently called for Local Government Reform.

22. In fact there have been numerous commissions, committees and working parties as listed in the "Time for Change" Report dating back to 1934. The subject has been debated in nearly every decade since that date.

23. I have served on a number of working parties who have considered the subject but only one, in my opinion, has produced an optimum solution to the problem and that is the 1991 "Time for Change" Report and Recommendations.

Memo to: Tynwald Select Committee On Local Government Reform LL''' August 2000 Page 3 of 24. The membership of that working party included the Chief Financial Officer and the Financial Controller from Treasury, the late Mike Savage, a very competent senior civil servant and a number of experienced Clerks to Local Authorities. It was chaired by the then Minister for the Department of Local Government and the Environment and met on a regular basis over a two year period.

25. Whatever solution is proposed there is bound to be opposition but as I stated at the start of this memorandum Central Government has evolved and changed with the times unlike Local Government where reform is long overdue.

J.E.S. SMITH CHIEF EXECUTIVE/CLERK ONCliaN DISTRICT COMMISSIONERS

Memo to: Tynwald Select Committee On Local Government Reform August 2000 ?age 4 of 4 PEEL TOWN COMMISSIONERS BARRANTEE PHURT NY HINSHEY

P. G. LEADLEY Town Clerk Cleragh y Valley TOWN HALL, HALLEY BALJEY, Commissioner for Oaths Barrantagh Looee DERBY ROAD, RAAD DERBY, Tel: Peel (01624) 842341 PEEL, PURT NY HINSHEY, 842713 (outside office hours)(cheurriocie jeh ooryn obbyr) ISLE OF MAN, ELLAN VANNIN Fax: Peel (01624) 844010 Email: [email protected] IM5 1RG All communications to be addressed to the Town Clerk Dy chooilley insh dy ye er ny enmys rish Cleragh y Valley

Our Ref PGL/CK Your Ref C/LGROl/mIg

28th February 2000

Mr. T A Bawden Clerk Assistant of Tynwald Legislative Buildings DOUGLAS IM1 3PW

Dear Mr. Bawden

Re: Select Committee on Local Government Reform

I refer to your letter of 4th February, 2000. The matter has been considered by the Finance Committee and I am directed to indicate that the points made previously are still valid.

If the Isle of Man is to have a meaningful local authority structure there is a definite requirement to address the matter of small rural authorities which are not in a strong enough financial position to undertake the range of functions carried out by the larger Town authorities. As previously stated the Peel Town Commissioners are of the opinion that the very first review proposed by DOLGE in 1991 entitled "Local Authorities - a time for change" is the favoured method of restructuring. This proposed six district authorities which my Commissioners feel would provide a sound revision of the present system.

Yours sincerely

h.-3. C.--Oivii',,VirEE; P G Leadley 27i 3 z000 9 Town Clerk PEEL TOWN COMMISSIONERS BARRANTEE PHURT NY HINSHEY

P. G. LEADLEY Town Clerk Cleragh y Valley TOWN HALL, HALLEY BALJEY, Commissioner for Oaths Barrantagh Looee DERBY ROAD, RAAD DERBY, Tel: Peel (01624) 842341 PEEL, PURT NY HINSHEY, 842713 (outside office hours) (cheumooie feh ooryn obbyr) ISLE OF MAN, ELLAN VANNIN Fax: Peel (01624) 844010 Email: [email protected] IM5 1RG All communications to be addressed to the Town Clerk Dy choollley insh dy ye er ny enmys rish Cleragh y Valley

Our Ref PGL/CK Your ref C/LGROldunla

3rd March 2000

Mr. T A Bawden Clerk Assistant of Tynwald Legislative Buildings DOUGLAS 3PW

Dear Mr. Bawden

Re: Select Committee on Local Government Reform

Further to my previous letter of 28th February 2000, the Peel Town Commissioners would wish to add that if significant reform is not undertaken then Peel will seriously look into the need to extend its town boundary, bearing in mind the likelihood of major housing developments on the edge of the town in the future.

Yor sincerely

P G Leadley ( Town Clerk

PATRICK PARISH COMMISSIONERS 3 BROOKFIELD TERRACE CLERK OF COMMISSIONERS P.R. GRINDLE HIGHER FOXDALE ISLE OF MAN IM4 3ED

Tel/fax (01624) 803031 e-mail: [email protected] Your ref: C/LGRO1/mIg

15th March 2000

Clerk Assistant of Tynwald, Office of the Clerk of Tynwald, Legislative Buildings, DOUGLAS. IM1 3PW

Dear Mr Bawden,

Select Committee on Local Government Reform

Thank you for your letter dated 4th February regarding Local Authority Reform. The Commissioners have always been against reform which amalgamates the smaller parishes with the towns.

Patrick Parish is represented on a number of Joint Authorities which by necessity includes Peel. It is my Commissioners' experience that Peel, with its greater financial contributions to these Joint Authorities tends to 'do its own thing' which is often at odds with the Joint Authority Committees' decisions.

I am sure that there has been enough said on the subject of Reform over the last 20 years, suffice to say that Patrick Parish Commissioners do not want to amalgamate and loose the Parish's identity and will do all in its power to remain as Patrick Parish.

Yours sincerely

„...... At.,..r.:44 di 4,dirik,A.Liii -7.:., To COMMITTEE zer 3 2000 i mf r

Philip Grindle THE COMMISSIONERS 00v‘ IT ERIN (Barrantee Purt Chiarn)

Tel: 01624 832298 COMMISSIONERS' OFFICE, Fax: 01624 836169 STATION ROAD, • M. J. KEWLEY PORT ERIN, Clerk ISLE OF MAN. Commissioner for Oaths IM9 6AE All Correspondence to be addressed to the Clerk

Mr T A Bawden Clerk Assistant of Tynwald Office of the Clerk of Tynwald Legislative Buildings Douglas IM1 3PW

Ref: C/LGROI/m1g

22 February 2000

Dear Mr Bawden

Re: $elect Committee on Local Government 'Reform

I refer to your letter of the 4 February 2000.

The Commissioners have now had the opportunity to consider this matter and have no further points to raise following previous discussions and submissions to the Department of Local Government and the Environment. Accordingly I enclose herewith copies of the following :-

1. Submission made concerning 'Time for Change'- Second Interim Report. 2. Letter dated 7 May 1999 with views on 'Further Alternative Approach to Local Government Reform.'

Trusting the select Committee will take these views into consideration when preparing their report to Tynwald.

Yours sincerely

CKI\; 711_.) at. t L & C LATE Clerk. TO COMMITTEE 29 3 Icon

Enc. . THE COMMISSIONERS OF PORT ERIN (Barrantee Purt Chiam)

Tel: 01624 832298 COMMISSIONERS' OFFICE, Fax: 01624 836169 STATION ROAD, M. J. KEWLEY PORT ERIN, Clerk ISLE OF MAN. Commissioner for Oaths All Correspondence to IM9 6AE be addressed to the Clerk

Mr. A. Hamilton, Chief Executive, Department of Local Government & the Environment, Murray House, Mount Havelock, Douglas.

7th May, 1999.

Dear Mr. Hamilton,

Re: Further Alternative Approach to Local Government Reforms

I refer to the letter of the 8th April, 1999 from your Minister to the Chairman of the Commissioners concerning the above matter.

The Commissioners have now had the opportunity to discuss the proposals and I am directed to inform you they are unanimously opposed to this latest suggestion.

The present arrangements so far as Port Erin is concerned work satisfactorily and Members can see no reason why it should be changed. Under the "Further Alternative Approach" Port Erin will lose its identity and be demoted to nothing more than a small non functional authority. There is no apparent benefit to the ratepayer, certainly not as far as costs go. It is anticipated these would increase.

I am directed to enquire why authorities should join together? Who requested such a change? Certainly not the authorities themselves. It is generally felt that in time, due to natural evolution, authorities will amalgamate by consensus. They should under no circumstances be compelled to join by legislation.

I shall be obliged if you will make your Minister aware of the Commissioners views and inform him they will resist any change with the strongest possible force.

Yours sincerely,

Clerk.

"TIME FOR CHANGE" - SECOND INTERIM REPORT Submission to the Department of Local Government & the Environment

The Commissioners of Port Erin are totally opposed to the "Time for Change" - Second Interim Report on the following grounds:- 1. It is believed the status quo should be retained as smaller authcritie' are more economical to run. Larger authorities inevitably lead to higher costs. 2. The representation for the proposed Rushen District is disproportionate to the population of the areas, resulting in an imbalance which is democratically wrong. The reduction in Membership would lead to a loss of control and result in more interference by Members of the House of Keys in local auhtority business.

3. The amalgamation of an urban area with rural areas will lead to problems in the future and could be to the detriment of the participating authorities. For EXample:- (a) The rural areas will expect similar standards of service but will not be prepared to pay for the same. (b) A conflict of interests between the requirements for the areas e.g. Port Erin provides facilities for tourism but improvements and expansion in this direction could be easily vetoed by rural representatives whose areas .derive no benefit from tourism. 4. The proposal to hand back powers to the authorities is welcomed but the powers being offered amount to very little. In particular the proposal in respect of first stage planning is so worded that any matters of substance would-be dealt with by the Department.

As regards agency work in respect of highway matters it is felt such function could be satisfactorily carried out without re-structuring the authorities. Local Authorities should be given real powers which can be dealt with by local people with local knowledge.

5. The Commissioners are opposed to the holding of general elections as they believe it would lead to a loss of continuity. One of the main reasons for lack of interest in local elections is th S.T.V. System of voting. Many people totally mistrust the sytem and consequently do not bother to vote.

6. The proposed amalgamations are seen as a way of attacAing the local authority system and is felt to be the first step towards the abolition of the rating system.

In conclusion the Commissioners firmly believe Port Erin is capable of standing on its own. The Village should be upgraded to town status and allowed to continue as a separate authority.

The rateable value of the district is the highest in the south of the Island and the population has increased by a minimum of 300 persons since the 1991 census figures were published. ',On this basis it is on equal standing with Castletown, which it is noticed is not proposed to be amalgamated with any other authorities or have its representation reduced from the existing nine members. . Port Erin should not be amalgamated with authorities who do not have similar interests and under no circumstances should their representation be cut by two thirds. Commissioners' Office Port St. Mary Isle of Man Clerk : J.D. Popper, LL.B., Minst.L.Ex. 1M9 5DA Commissioner for Oaths Deputy Clerk: P.M. Hughes Telephone : (01624) 832101 Fax : (01624) 836267 After Office Hours: Telephone : (91624) 834512 : (01624) 834065 E-mail . [email protected].

Our Ref Your Ref.: : B/2000 I 4754/BB

29th February 2000

Mr T A Bawden Clerk to the Select Committee on Local Government Reform Clerk Assistant of Tynwald Office of the Clerk of Tynwald Legislative Buildings Douglas IM1 3PW

Dear Mr Bawden,

Thank you for your recent letter regarding Local Government Reform and the Select Committee which my Commissioners have now considered.

My Commissioners wish to detail their suggestions on this as follows :-

Historically my Commissioners feel that the previous attempts at Local Government Reform have been misguided as they inevitably indicate mergers of Authorities, my Commissioners feel that this is perhaps the wrong approach.

Any proposals that have been submitted previously have not, in terms of functions, meant any changes for the likes of Port St. Mary and, bearing in mind that we are one of the larger Authorities on the Island, feel that this is where previous attempts at reform have been flawed.

My Commissioners interpretation of the attempts at reform believe that this has been more aimed at trying to devolve certain Government functions, and as a consequence the onus, they feel, should be put on the Parishes to take on extra responsibilities. My Commissioners feel that this could begin by making the Parishes Housing Authorities and Drainage Authorities, both at which at present are via Government Departments, thus the additional costs would initially to a large extent would be met by central funding and should not have a too drastic affect on the rates. The time not spent on housing or drainage by workforces could then be used to even enhance the Parishes in terms of presentation without being reliant on this work being undertaken by Government Departments. It would then, my Commissioners feel, also lead to mergers of some of these functions, and maybe in the long term even mergers of some of these Parishes.

Similarly other Government functions that maybe wishing to be devolved could be done on a regional basis, (for example, Planning), and feel that this would be a far more constructive way forward to generate greater involvement of the Parishes. As mentioned, this may lead not only to merging of certain functions but could also involve Towns and Villages where manpower may be available to assist the Parishes on a reasonable charge out basis.

Also, I appreciate that this is a very brief note, it does I feel reflect my Commissioners current thoughts on the matter, although my. Commissioners do feel that if mergers were to take place, the Villages should be retained as is and, for example in the South, Castletown, Port Erin and Port St. Mary should then merge with the relevant Parishes, however my Commissioners feel that the prime motive would be to force the Parishes to upgrade. To justify this, one can perhaps compare Port St. Mary to Arbory which has a similar Rateable Value, similar number of Local Government Houses compared to Port St. Mary Commissioners Houses and yet it's functions are non-existent compared to Port St. Mary as is reflected in the Rates charged. This is where my Commissioners believe the way forward should be and I hope that these comments are of some assistance to the Committee.

Yours sincere'

•`/ 3 +, .,;11

-TO COM,MITTEE 2006

Halley Baljagh, Town Hall, Rhumsaa, Ramsey, ElIan Vannin. Isle of Man, IM8 1RT

VAT Reg. No. G.B. 000 0631 62 Telephone: RAMSEY (01624) 812228

Your Rot D. EVANS Fax only: (01624) 813392 Town Clerk DE/M:PC/F 8 Commissioner ler Oathc 18th February, 2000. Our ret

Please address all correspondence ro the Town Oat

Mr. T. A. Bawden, Clerk Assistant of Tynwald, Office of the Clerk of Tynwald, Legislative Buildings, Douglas, Isle of Man IM1 3PW

Dear Mr. Bawden,

Select Committee on Local Government Reform

I have been instructed by the Ramsey Town Commissioners to thank you for inviting them to submit a memorandum setting out any further points they may wish to make on the vexed subject of Local Government Reform.

In March, 1992, the Ramsey Town Commissioners gave detailed and very careful consideration to the Consultative Document entitled "Local Authorities - A Time for Change". The Board were aware at the time that many hours of careful consideration had been given to the complex issues involved in the reform proposals contained within that document. The Board were greatly encouraged by the proposals and were hopeful that Tynwald could somehow be persuaded to give a lead by adopting the principle of District Authorities in order to concentrate minds on the need to secure a positive and common role for Local Government.

As long ago as 1985, a Select Committee on Domestic Rating concluded that no further improvements could be achieved without very radical changes in the whole Local Government structure on the Island. In supporting the "Time for Change" proposals, the Ramsey Town Commissioners shared the views of the Select Committee and pointed out that the rating system was become increasingly unfair on the ratepayers of the larger authorities.

The Board remain of the opinion that the problem of widening rate differentials should be addressed by reforming the present structure. The underlying problem is not considered to be inefficiency on the part of urban authorities or greater management skills endowed on the rural authorities, it rests almost solely on the varying levels of services provided by such authorities throughout the Island. -2

Mr. T. A. Bawden. 18th February, 2000.

1 1--

The Ramsey Town Commissioners are convinced that there is now an even greater need to achieve a common level of services throughout the Island. The Board would urge the new Select Committee Tynwald to give Tynwald an opportunity to debate and reach a conclusion on the original "Time for Change" proposals (or some near variation thereof). The Board remain firmly of the opinion that adoption of the principles of district representation and common responsibilities would be in the best long term interests of our Island's Local Government.

The Ramsey Town Commissioners do not believe that a middle road option (based on say 12 or 13 authorities of mixed urban and rural forms) could possibly meet the principle of ensuring the efficient delivery of common services at Local Government level throughout the Isle of Man.

Town Clerk & Chief Executive.

Co; LA TO COMMITTEE 9.9 9.00 o Rushen PaRish Comrnissionens Clerk: Mrs. Gillian Kelly

NEWLANDS • BALLAGAWNE ROAD • COLBY • IM9 4AX Telephone: (01624) 834501

Your ref: C/LGROl/lunh.

20th March, 2000.

Mr T A Bawden, Clerk to the Select Committee on Local Government Reform, Office of the Clerk of Tynwald, Legislative Buildings, Douglas.

Dear Mr Bawden,

re: Select Committee on Local Government Reform - ("A Further Alternative Approach")

Further to your request for the views of Rushen Parish Commissioners on the matter of Local Government Reform.

Firstly the Commissioners do not see the need to have any reform regarding the parishes. They regard these as being run efficiently and economically with due regard to the wishes of Ratepayers living in a rural area.

It is apparent, when looking at the accounts of the Towns and Villages, that some are not run economically and have very poor accounting principles. Perhaps the Committee should suggest that all Local Authorities should prepare their accounts using a similar formula so that a true picture can be ascertained.

"A Further Alternative Approach": (a re-iteration of the Commissioners' views on this document):

The Commissioners are against another layer of Government. However, if we have to have reorganisation the more "natural" way would be for Port Erin, Port St Mary and Rushen to join, with Rushen staying as a Parish and becoming a Ward of the area authority. This arrangement would get around the probable strong objections of the Port Erin and Port St Mary Commissioners to being administered from Castletown. The Combination Authorities running the swimming pool and amenity site would remain as they are but such a joint southern authority of Rushen, Port St Mary and Port Erin would have sufficient reasons to take over the administration and maintenance of public housing in the area. •

2. Area Authorities/District Authorities. In the proposal there would be only 1 Member for Rushen who, if there was to be true representation for the Parish, would have to attend every general meeting and, maybe, sub-committee meetings. This would mean that some able people would not be able to stand for election as they would not have the time to be so involved. In any event they would require some attendance payments.

3. The member for the Area, as proposed, will not necessarily be a Member of Rushen Parish Commissioners. This would mean that he/she would not have the knowledge of the Parishioners' wishes which the Commissioners have through personal contact and through their Newsletters.

4. The Commissioners are particularly keen to remain part of the planning process as their local knowledge, stretching back many years, and their very strong commitment to their area, should be acknowledged as being very important.

Yours sincerely, de 7/4-ece-77 Gill Kelly (Mrs) Clerk

1.0009 TO COMMITME

SANTON PARISH COMMISSIONERS

H. i3ENSON. Eng.fietn. Clerk to the Commissioners Commissioner for Oaths

"Thrang End", Ballasalla, Isle of Man. 1M9 3EG. cars Tel/Fax: (01 624) 822 761 Overseas +44 1624 822 761 E mail: 7-. March 2000. The Clerk Assistant of Tynwald, Office of the Clerk of Tynwald, Legislative Buildings, Douglas. IMI 3PW.

Dear Mr. Bawden,

Select Committee on Local Government Reform

Thank you for your invitation to submit another (dare we believe - final?) memorandum on this hackneyed subject of Local Government Reform. I must confess that I am weary of this long-running saga, as are the Commissioners.

As you say, the Committee will have noted the relevant reports produced during the last twenty years. Tnere now can be little to add and therefore the Commissioners for Santon reiterate that they will be pleased to participate in:

(1). Any movement which serves to foster, stimulate or focus the character and identity of local authority parishes, districts etc. It is believed that local identity is a vital force for the wellbeing of Island communities and must not be diluted or dissolved

(2). Any project, scheme, organisation or plan which will be both economically and practically beneficial and that is acceptable to the ratepayers. It will not be sufficient for any branch or department of government just to claim cost effectiveness in such a venture. The public and local government members are rather sceptical about such claims that may be self-interested, or self-deluding, and are suspected to be arithmetically inaccurate.

Santon would not welcome amalgamation and it is believed it would cause immense damage to small local authorities and their communities. Co-operation between authorities however is another matter. It already exists and will no doubt become more prevalent with time. Particular need and practical purposes will bring about, in a natural and unforced way, more useful co-operation than any compulsion.

If existing local government works, is inexpensive to run and the people of the parishes are content, then, leave it alone".

Yours sincerely,

H. Benson. Clerk to the Commissioners.

TO COMMITTEE 2(1 3 21300.? • , , Isle of Man Municipal Association President 1999/2000 Mrs. G. Ross Malew Parish Commissioners

Chairman: Acting Secretary: Mrs. R. Bate Mrs. P. Lewis

Mr G T Cannell MI-1K Department of Tourism and Leisure Sea Terminal Douglas Isle of Man

16th March 2000

Dear Mr Cannell

Re: Select Committee on Local Government Reform.

At the last meeting of the Municipal Association I was asked to write to you in your capacity as Chairman of the Select Committee.

The Association would like to know the exact purpose of this committee, who the other members are and what their brief is. Will the committee have the facilities to produce a complete cost-analysis of the possible reform as this seems to have been left out of previous equations.

We await your reply with interest.

Yours sincerely,

s. J P Lewis Acting Secretary

Please reply to: Mrs Pippa Lewis, Acting Secretary, Isle of Man Municipal Association, Abbotswood, Crossag Road, Ballasalla, Isle of Man. Telephone 01624 822310 Fax 01624 822318

TO COMMITTEE 2/13i locD7 Bowaghyn Shellee Ballaglass Maughold Isle of Man IM7 lEN (U.K) Tel: (+44) (0)1624 815854 , Sir Miles R Walker CBE, LLD, MHK 9 March 2000 Legislative Buildings Douglas

Dear Sir Miles

We met briefly when the Public Accounts Committee wished me to look at the cable for the supply of electricity to the Isle of Man.

It is with interest that I have read of the work that you are Chairing regarding centralisation of Government. When one considers the size of the Island, its population, the number of Commissioners who are involved and other bodies who have an input into Government, centralisation must be long overdue. The Island, its population and its infrastructure is, after all, only the equivalent of a medium sized town in the UK. The cost burden must therefore be quite out of proportion for the necessary services.

The following are just some of many items which strike me regarding inefficiencies with the present technique of devolved Government:

Arguments about the Villa Marina, and now a desire by Douglas Corporation to build additional social/culture centres. The closing down of public services in Douglas for the funeral of the late Mayor. The intention of Ramsey to spend £2 million building a new Town Hall, whilst allowing water to run across the pavements due to poor drainage systems. The withdrawal of all buses for some 5 hours during oak planting day. The problems with the MER tram shed and the cost to the tax payer of keeping the MER going. The lack of an all-Island speed limit. The uncoordinated closing of roads for minor rallies when the competitors only use the roads for say 1 hour in 8. The time it has taken to get an incinerator built whilst polluting the atmosphere with diesel fumes of trucks carrying rubbish to the Ayres, to say nothing of the contamination of that area. The complexities of planning.

No doubt this is a far from complete list, but serves to confirm to me that centralised and properly co- ordinated Government is long overdue if the Island wishes to maintain its position as an international financial centre. Financial institutions depend upon information technology and can readily be switched from one country to another and obviously the Isle of Man Government would not want this to happen.

Just a few thoughts for consideration by your Committee.

Kind regards.

Yours sincerely - -744.6F...1:R14~S .1-J, • I Alan TO COMMITTEE 29 1 3) 2_0_06 D Ballaugh Parish Commissioners BALLAVARRAN JURBY ISLE OF MAN Telephone : (01624) 897686 IM7 3AN PLEASE REPLY TO CLERK : J.J. QUAYLE

30th March", 2000, Mr T.A.Bawden, Clerk Assistant of Tynwald, Office of the Clerk of Tynwald, Legislative Buildings, Douglas, Isle of Man. your ref; C/LGRO1/m1g

Dear Mr Bawden, re; Select Committee on Local Government Reform

I refer to your letter of the 4th February 2000 in connection with the above, and I have to advise that I am replying on behalf of four of the five Northern Local Authorities, namely, Andreas, Ballaugh, Jurby and Lezayre but would anticipate that Bride would agree with the following.

As you may be aware, the five above named local authorities had set up a Committee of one member from each authority to consider ways in which it might be possible to combine to create one large northern rural functioning authority, and the Committee met on Monday evening 27th March 2000 to formulate a reply to your letter. Unfortunately, the Bride representative was unable to attend that evening.

My Committees,'. views are that they would like to see the present system continuing, but had the Council of Ministers decided that change was necessary, the above five named local authorities were prepared to atalagmate to form one single Northern Rural Authority -without any involvement with the adjoining Town of Ramsey, who have different philosophies, priorities, needs and outlook. In reality, the five mentioned northern local authorities continue to oppose fiercely any suggestion that they should be linked to the urban authority/as the northern local authorities have very little in common from a local authority point of view.

The Northern Local Authority Committee were progressing a formula to form a single northern rural authority had the Council of Ministers hot:d6cided to accept the Status Quo, and the Committee was in consultations with Officers of the Department of Local Government and the Environment. However, these on going discussions were put in abeyance following the decision of the Council of Ministers. However, in order to try and assist your Committee, I have been directed to forward a CONFIDENTIAL copy of letters between the Chief Executive of the Department of Local Government and the Environment and my Committee and a CONFIDENTIAL copy of the notes of my Committee regarding the progress that had been made and which confidential copy had been forwarded to the Chairmen and Members of the five Northern Local Authorities as previously mentioned.

Yours sincerely,

Clerk. enclosure; NORTHERN RURAL PARISHES WORKING GROUP, c/o Ballavarran Farm, JURBY, Isle of Man.

30 September, 1999.

The Chairman and Members, Andreas Parish Commissioners.

Dear Commissioners,

Re. LOCAL GOVERNMENT RE-ORGANISATION.

The announcement by the Council of Ministers of " Status Quo on 20 September came as a relief to us all and, as such, the end of the Northern Rural Parishes Working Group was signalled. At least, for the time being !!! Unfortunately, we cannot rely on the matter NEVER being raised again, possibly after the next General Election to the House of Keys with new M.H.K.'s in situ.

Referring to the Brief given to the Working Group, whilst our deliberations were proceeding well, we had not yet reached the point where a Formal Report could be produced for discussion by the five Parish Committees involved, Andreas, Bailaugh, Bride, Jurby and Lezayre. The attached drawing/map shows that these five Parishes do, in fact, make a compact area and with a population of over 4,000 we feel there would have been merit in the amalgamation of the five Parishes, they could have made a viable unit.

However, we are enclosing several papers which set out our thoughts to date and whilst we would ask that they are simply retained with previous Discussion Documents on the subject, they would give a starting point for discussion should such an exercise become necessary in the future.

Whilst it is an obvious statement, our conclusions to date confirm that ANY re-organisation will cost more to operate than it does at present, but if we are to retain a Rural Parish Identity, rather than being " Attached " to a Town, we consider our proposals would be LESS expensive than the alternatives on offer, so far.

Some costs have been incurred by the Working Group and John Quayle, our Clerk, will communicate with the five Parishes asking for a 20% contribution to cover these, in due course. We estimate £20 per Parish.

Yours faithfully,

g' e UEST. J.J.QUA YE. Chairman. Clerk. 73,184.00 60,540.00 '157,156.00 41,230.00 79,459.00

RA m zE y

DOIJOLA5

PORT T. MAgr

Malew (Det) NORTHERN RURAL PARISHES WORKING GROUP, c/o Ballavarran Farm, JURBY, Isle of Man.

27 July 1999.

Mr. R.A. Hamilton, Chief Executive, Department of Local Government and the Environment, Murray House, Mount Havelock, DOUGLAS, IM1 2SF.

Dear Mr. Hamilton,

re POSSIBLE LOCAL GOVERNMENT RE-ORGANISATION.

On behalf of the Chairman and Members of the Northern Rural Parishes Working Group may I thank you and Carol Sutherland for joining us last week to discuss the above subject. We found it helpful and trust that you also found it of interest.

The "Working Group" was set-up following a meeting to which all Commissioners in the Northern Rural Parishes were invited, and it's brief was " To investigate the Viability of forming a large Rural Authority to include as many of the Northern Rural Parishes as possible " and to report back with our findings within three months. As you will have realised we are talking about RURAL Local Government, a grouping of Local Authorities with similar outlooks, problems, thoughts and population needs. We are NOT contemplating any form of involvement with TOWN Authorities who have different philosophies, priorities, needs and outlook. In reality, we would fight very fiercely to avoid a linking to, say, Ramsey, we have nothing in common.

Of the seven local Rural Authorities in the North, the Committee representatives of five; namely Andreas, Ballaugh, Bride, Jurby and Lezayre have met several times and are convinced that a large Rural Authority IS VIABLE. Ideally, we would like Maughold and Michael to join us and it could be that in time this could be achieved.

We must all bear in mind that " Volunteers are better than Pressed Men " and a willing conjoining of Volunteers of a like mind will make for a much more acceptable and stable unit than might be the case if a Dictatorial decision was made elsewhere.

At the moment the " Working Groups " thoughts and ideas are very much in outline skeleton form. Much detailed discussion, both in and out of the Working Group, will be necessary before we can lay specific draft ideas on the table, but we are very confident that with goodwill, we can, not only achieve our initial objective but create a Rural Authority acceptable to every-one. Very briefly, we hope to build on the following basic framework, :-

A) Amalgamate as many as possible of the seven RURAL Local Authorities and the Northern Parishes Refuse Board into ONE, bearing a name such as " Northern Rural Parishes Local Authority ". This would reduce the number of separate Authorities from 6, 7, or 8 to ONE at a single stroke.

B) Each old Rural Parish Authority would become a " District " ( rather than "Ward" which is a term used in Town locations ), electing 3 members to serve on the new Authority. This could be reduced to 2 members each if all seven existing Authorities are included. These District members could, if required, still meet locally to deal with minor matters, but would almost certainly have no separate funding available themselves - this still has to be clarified.

C) Separate Sub-Committees would be set up to cover a) Refuse collection and new Civic Amenity site, b) "Public Services" - Toilets, Play Areas, Street Lighting etc. c) Finance , with Treasurer(?), d) Local Government Housing ( probably ), also our membership of the Northern Sheltered Housing and Swimming Pool Boards would have to be re-negotiated.

D) Premises to be found ( ? on Jurby Industrial Estate) for a new Parish Office and whilst permanent staff will be required, we envisage this to be fairly minimal as we feel at presert that we would not wish to employ, for example, an outside workforce, buying in expertise as and when required.

E) Consultations to take place with individual Government Departments to ascertain and clarify what functions or tasks we would directly take under our control, or, alternatively set up a Price Costing Transfer system to pay Government Departments for matters they have dealt with on our behalf, or to our order.

The above is an outline of our present thinking. Naturally, matters will be defined as and when discussions take place with our own individual Boards, Parishioners and Government, BUT the Working Group feel they can demonstrate the Viability of the formation of a LARGE RURAL AUTHORITY IN THE NORTH, joining Parishes of similar nature, needs etc. together.

We would appreciate any thoughts you may have, or would care to express, knowing that the overall concept is very much before you at the present time.

Yours sincerely,

J.J. QUAYLE Clerk to the Northern Rural Parishes Working Group. Department of Local Government and the Environment Rheynn Reiltys Ynnydagh as y Chy taght

, Murray House, Isle of Man el 7 • Mount Havelock, Government / ouglas, Reitri Dan Vetiveli Isle of Man, rml 2SF. email: [email protected] Tel: (01624) 685859 Fax: (01624) 685943 Chief Executive: R. A. Hamilton, Assoc. I.F.D., M.I.Mgt.

Please reply to the ChiefErecutive

• Our ref: RAH/MC/235/7 11 August, 1999

Mr. J. J. Quayle, Clerk to Northern Rural Parishes' Working Group, c/o Ballavarran Farm, Jurby, Isle of Man, IM7 3AN.

Dear Mr. Quayle,

re: Possible Local Government Re-organisation

Thank you for your letter of the 27th July, 1999, which I have circulated to the Minister and Members of the Department, as promised.

It was a pleasure to meet with you and your colleagues and I hope that the discussion was helpful. Certainly, so far as I was concerned, I found it very useful to hear the embryonic views of representatives of the Northern Parishes and I can assure you that your written submiSsion will be taken fully into account by the Department before any final decisions are taken.

The next step in the process is for the Department to come to a view about its preferred way forward and then to submit the same for consideration by the Council of Ministers. The Council of Ministers may agree with the Department or adopt a different view but the outcome will be a decision in principle upon which all Members of Tynwald will then be briefed prior to the Council of Ministers being asked to make afmal decision on the terms of a Resolution to be presented to Tynwald. I expect this will take a few months but it would be the Department's hope to crystallise thinking and take a Resolution to Tynwald before the end of 1999.

Continued!

QI-LEXECCORRES 1 \CORRRES6.DOC Our ref: RAH/MC/315 11 August, 1999

Thank you for your constructive contribution and please convey my thanks to the members of the Working Group.

Chief Executive.

Copy to: Mrs. C. Sutherland, Local Government Unit Manager.

QACHEXEC\ CORRES1 \CORRR.ES6.DOC 30 September 1999.

NORTHERN LOCAL PARISHES WORKING GROUP.

Notes re Discussions held on. Tuesday 14 and Wednesday 29 September 1999.

GENERAL

A) On 14 September it was agreed that the letter dated 27 July to D.O.LG.E. was a fair representation of views to date and Mr. Hamilton's reply of 11 August was noted.

The Municipal Assocn. sponsored meeting on 8.9.99 with the Minister was discussed. It was noted that a DOLGE paper -on Local Government Reform had been presented to the Council of Ministers with their thoughts and recommendations, which were NOT divulged. Mr. Gilbey stressed that his own PERSONAL view was to retain the " Status Quo " with no change. The Minister could see no justification for the suggestion that Planning and Roads be dealt with locally, in his view they were CENTRAL matters.

Reverting to our own discussions it was once again STRESSED that our deliberations are purely a fall-back should " Status Quo " not be achieved, and as a Voluntary Counter to 'any imposed solution such as .the Rural Parishes joining the Towns. Also it would appear that we should only consider a merger of FIVE Parishes, Maughold and Michael having shown no further interest

B) On 29 September we had before us the news that the Council of Ministers had agreed on " Status Quo ", although " rumblings " in the background showed the matter was NOT finally settled, probably delayed for say, 3/5 years.

Re " NORTHERN RURAL PARISHES LOCAL AUTHORITY "

1) Membership of 3 from each District if possible, ( if 15 in all is thought to be too large, then 2 from each District could be considered ), a total of 15 would enable a smooth transition to take place.

2) Main Board to elect a Chairman and Deputy Chairman from within the Commissioners elected. These two positions to be filled by Members from different Districts, rather than two from one.

3) Each Committee formed, to have an overall membership as suggested under each heading. A Chairman of each Group to be appointed from within those nominated.

4) Consideration to be given to limiting the number of Committees any one individual can be part of.

5) Experience to show how frequently main Board will meet, ? once ( or twice ) each month, separate Committees to meet as frequently as required, reporting to the main Board.

6) Evening or day-time meetings ? Both could be required. The question of payment to members was discussed, any-one out of pocket due to a daytime meeting would qualify for an " attendance allowance ", mileage allowance could be claimed for journeys outside of new Authority's boundary, to, say, Douglas, etc. In both cases `Government laid down rules / allowances to apply. For evening meetings, any clerical staff could be on overtime, unless built into their Contract or time-off is given in lieu.

7) STAFFING. A full time Clerk, doubling as Treasurer, and a full time Clerical Assistant / Secretary to be recruited. It was felt and hoped that " buying in " and "contracting out" would avoid the need for additional staff, keeping overall costs down. The second person will need to be mature so he/she can deputise during the Clerks absence.

8) LOCAL SURGERIES. In a given District, the elected representatives can hold local surgeries, or similar, to discuss Parishioners problems and they are, of course, always available on the telephone and can arrange 'to meet to discuss matters, bringing the subject to a main meeting if it can not be resolved beforehand.

FINANCE COMMITTEE ( 5 members, one from each District.)

Previously stated preference for an Authority Office was in Jurby, near to the storage area for the Refuse Lorry. Hoped and expected that DOLGE would provide funds and assistance to provide suitable premises, office equipment, stationery, etc. Costs over and above funds provided by DOLGE to be split 5 ways, out of existing funds. Bride appears to be the only Authority with a Computer and Word Processor.

Any Reserve Funds held by individual Districts, to be earmarked for that District for say, 3/5 years, any residual sums to be pooled after that time. " Working " accounts to be pooled at the outset.

Future Rates to be assessed on new Authority Area as a whole and as one entity, no separate or preferential treatment for any one.

Rates collection to be left in " Treasury " hands, rather than direct collection - overall it will be cheaper bearing in mind possible additional staff costs.

Hopefully, there will be no need to consider raising funds by way of Bonds etc., at least in the short term.

Banking arrangements - to be Isle of Man Bank Ltd., Ramsey. Three signatures on cheques, the Clerk being one. Alternatively, the Clerk could sign cheques alone, if so decided. :SERVICES AND AMENITIES COMMITTEE. ( 5 members, one from each District)

Controlling ( after Millenium ) :- a) TOILETS. One block in each District, those in Jurby and Lezayre being leased.

b) STREET LIGHTS. Each District has some, say 120/130 in total. All under M.E.A. Contract, which can continue in new name.

c) RECREATION GROUNDS/PLAY AREAS, ETC. A total of 13, Andreas 3, Ballaugh 5, Bride 2, Jurby 2, and Lezayre 1.

d) PARISH HALLS Andreas, Jurby and Lezayre own theirs, Ballaugh lease theirs.

e) CAR PARKS. Andreas control 2, at Ayre United and Parish Hall. Lezayre have one behind their Hall. All others under D.O.T. control.

f) STAFFING. Part time Cleaners and Key-holders for all Toilet Blocks, can remain. Grass cutting and Hedge trimming under Contract in most areas. Andreas has one person ( a Street Orderly) to keep Village tidy, should be extended to all.

g) ROADS. In view of the Ministers thoughts that this should remain under CENTRAL control, this Committee could pass observations and requests to the Department of Transport for action. Reports of poor surfaces / holes etc. to be handled here.

ALL of the above will need to be kept closely under control, which accounts for one Committee member from each District.

REFUSE AND PROPOSED CIVIC AMENITY SITE COMMITTEE. ( 3 members.)

The Northern Parishes Refuse Board to be merged into the new Authority. Michael can'still have their refuse collected subject to a satisfactory Contract being set up. It is still felt that a Civic Amenity site can be set up at Jurby, primarily catering for the new Authority, but in addition from the neighbouring Parishes, again subject to satisfactory arrangements being put in place.

The terms of employment of the Refuse Collectors will have to be investigated - we wish them to continue under new Authority.

PUBLIC HOUSING.

Little enthusiasm for taking this over in early stage. Really a question of awaiting a decision from Government, much detailed discussion would be needed on Financial parameters, etc. OTHER OUTSIDE COMMITTEES.

Membership of the Ramsey and Northern District Housing Committee ( Sheltered Accommodation ), Northern Local Authorities Swimming Pool Board and the Ballacallow and Wrights Pit East Liaison Committee will have to be renegotiated, especially as to number of Representatives, etc.

PLANNING MATTERS.

In view of Ministers view that Planning Approval, etc., should remain a CENTRAL function, we only have to look at our " Recommendation " procedures.

Suggest a Committee of 5 members ( one from each District ).

Initially, the Planning Applications will be received by the Clerk and will be available for District members to view and, if necessary, they can decide on a " Local " view before their Committee member attends a Planning Committee meeting. The Committee's decision to be passed to the Planning Department in D.O.L.G.E. as at present.

On those occasions when an Application is received which is of a contentious nature, it should be considered by ALL members of the AUTHORITY, rather than just the Planning sub-committee. The latter can, of course, refer any Application to the whole Authority if they are in any doubt, at any time. Department of Local Government and the Environment Rheynn Reiltys Ynnydagh as y Chymmyltaght

Murray House, Isle of Man Mount Havelock, Government Douglas, 'Wry, am Vomin Isle of Man, IM I 2SF. Tel: (01624) 685859 Fax: (01624) 685943

From the Minister

Our ref: RAH/MC/235 8 April, 1999

TO THE CHAIRPERSONS OF ALL LOCAL AUTHORITIES

Dear

You will recall that I wrote to you on the 30th October, 1998, advising that a "Further Alternative Approach" to Local Government Reform would be examined.

This proposal, which had been suggested by a number of Local Authorities, ha been examined with the assistance of a Working Party comprising past and present officials of certain Local Authorities representing both urban and rural districts. The input from these experienced officials has been on a personal basis and has been most valuable.

The Department has concluded that a viable Local Authority structure based on this latest proposal is achievable and would represent a substantial improvement over that now in place.

This "Further Alternative Approach" may be summarised as follows:-

Structure

(1) Douglas Corporation would remain as a separate entity, and has not been considered by the Working Party;

(2) The twenty-three Town/Parish Authorities [District Authorities] would remain in being, some with a reduced role;

(3) Four new Area Authorities [incorporating existing Combination Authorities] would be created:-

QAMAILMERORLGA8-4.DOC Ref: RAH/MC/235 8 April, 1999

(a) Northern Area Authority [to include Ramsey, Andreas, Bride, Lezayre, Jurby, Ballaugh and Maughold],

(b) Eastern Area Authority [to include Onchan, Braddan, Laxey and Lonan],

(d) Southern Area Authority [to include Castletown, Port Erin, Port St. Mary, Arbory, Malew, Rushen and Santon].

(4) Ramsey, Onchan, Peel and Castletown would be Area Authority headquarters, as well as the principal operational base, provider of services and Area Authorities' employer. Some flexibility could be provided in respect of the Southern Area Authority in terms of service provision and employer.

(5) Ramsey, Onchan, Peel and Castletown would be serviced through their parent Area Authority. Remaining District Authorities could meet service requirements by:

(a) direct provision of services and staff,

(b) agreement with Area Authority or other District Authority, or

or a combination of these options.

This structure would:-

(a) provide Area Authorities of sufficient size to undertake their remit effectively and cost-efficiently;

(b) bring about a small reduction in the present number of Authorities [Local Authorities and Combination Authorities] and arrest the current trend towards the creation of further Authorities; and

Q AMA I L/4/1 ERG-1RLO B 8-4 . DOC Ref: RAH/MC/235 8 April, 1999

Responsibilities and Duties

These are set out at "insilt,‘ ". It will be noted that First Stage Planning has been set aside for consideration at a later stage.

Membership

The proposed membership of Area and District Authorities is set out at Annex "B". The principle which has influenced the membership of Area Authorities is the need to strike a balance between town and country in terms of voting power.

Electios

It is proposed that separate elections should be held for Area Authorities and District Authorities with members serving for 4 years. Elections would be staged to accommodate an Island-wide poll every two years.

Candidates would be permitted to offer themselves for election to both the Area Authority and the District Authority but, if they so wished, they could choose to stand for either one or the other Authority.

Funding and treatment of assets

The principles are set out at Annexes". Several aspects require further in-depth study but such studies do not preclude a view being taken on this proposed reform at this juncture.

It would not be appropriate at this juncture for the Department to comment on the relative merits of the different proposals which have been considered but the views of your Authority on this "Further Alternative Approach" by the 14th May, 1999, would be very much appreciated, please.

Yours sincerely,

R. Ermine, Minister for Local Government and the Environment

Q:\MA 11,M ERGu-108-4 .doc Annex "A"

"Area" and "District Authorities" Responsibilities

Area Authorities

Building control Civic amenity sites Drainage [by agreement] Sheltered Housing Environmental Health Flats regulations Libraries Municipal Offices Planning [Party Status] Public housing Public Information Centres (eg tourist, trading standards etc) Rates collection to be by agreement (Braddan, Onchan, Douglas, Port St Mary currently collect their own rates) Refuse collection * Statutory Nuisance (Unsightly/Derelict buildings) Street Cleaning [by agreement] Swimming pools

District Authorities

Commercial Property Dogs including Dog Licences issue [for further consideration] Local events and attractions Local facilities - Public Halls - Community Halls - Youth centres - Sports facilities Markets and fairs Off Street Car Parking ** Planning [party status] Playgrounds parks and open spaces Public conveniences Street Furniture (signs, seats, bins, etc) *** Street lighting Street names War Memorials, Public Clocks, Shelters

For consideration at a later stage

First Stage Planning

Notes:- *Could be delegated to District Authorities - to allow flexibility, eg fortnightly collection ** Purpose built car parks ***Excluding Department of Transport responsibilities for traffic signs

Q: \M I N ISTMIG REFORM1OUTL INEDOC Annex "B" Local Government Membership

"District" Authorities "Area" Authorities Population Rateable Value Members Members

Ramsey 6,874.00 614,372.00 6 6 Andreas 1,144.00 73,184.00 4 1 Ballaugh 812.00 60,540.00 4 1 Bride 405.00 157,156.00 . 4 1 Jurby 624.00 41,230.00 4 1 Lezayre 1,047.00 79,459.00 4 1 Maughold 858.00 75,112.00 4 1 Totals 11,764.00 1,101,053.00 30 12

Onchan 8656.00 639,043.00 7 6 Braddan 2527.00 298,384.00 5 .3 Laxey 1433.00 99,863.00 _c 2 Lonan 1292.00 84,162.00 4 1 Totals 13,908.00 1,121,452.00 21 12

Peel 3,819.00 246,038.00 5 4 German 1,038.00 93,522.00 4 1 Marown 1,564.00 116,198.00 4 1 Michael 1,261.00 78,303.00 4 1 Patrick 1,198.00 60,854.00 4 1 Totals 8,880.00 594,915.00 21 8

Castletown 2,958.00 197,295.00 5 2 Port Erin 3,218.00 245,831.00 5 2 Port St Mary 1,874.00 126,875.00 5 1 Arbory 1,622.00 110,202.00 4 1 Malew 2,140.00 289,982.00 5 2 Rushen 1,441.00 96,948.00 4 1 Santon 422.00 41,866.00 4 1 ,. Totals 13,675.00 1,108,999.00 32 10

Douglas 23,487.00 2,281,253.00 16 _ -

Note

Membership of Douglas Corporation is presently 18. Securing a Future for Local Government recommended 12.

Annex "C"

Principles for Funding and Treatment of Assets

1. General

(a) Extraordinary costs [including accommodation, training and redundancy issues] arising from Local Government Reform to be met by Central Government.

(b) Cost of functions and services transferred from Central Government to Local Government to rest with the former, subject to cost of services and functions which presently rest with any one Local Authority being met by other authorities acquiring function or service.

2. Treatment of Assets and Liabilities

Buildings, Plant and Equipment [Property]

(a) The first principle is that property (buildings, plant, equipment, etc.) which is used or appropriated for a particular function will belong to the authority which is to exercise that function. (E.g. local authority housing will be transferred to the Area Authority, as it will become the housing authority for its area; a public park will remain the property of the District Authority, as it will be responsible for parks and open spaces.)

(b) The second principle is that property which is not used or appropriated for a particular function, e.g. property used for two or more functions exercisable by different authorities, or general-purpose property (e.g. a council chamber), will be transferred to the Area Authority, subject to "user rights" for the District Authority on terms to be agreed.

(c) Liabilities associated with particular properties, e.g. loan charges incurred in the purchase of property, will be transferred with the property. Otherwise the principles in (a) and (b) will apply.

3. Staffing Issues (a) Similar principles to those in paragraph 2 above will apply. That is -

(i) staff who are wholly or mainly engaged in the exercise of a particular local authority function will be transferred to, or remain with, the authority exercising that function;

(ii) other staff will be transferred to the Area Authority.

Igesccskommon/dredisdoc LEGISLATIVE BUILDINGS ISLE OF MAN IMI 3PW

Our Ref: REQ/rae

22 August 2000

T A Bawden Esq Clerk to the Select Committee of Tynwald on Local Government Reform Legislative Buildings DOUGLAS IM1 3PW

Dear A A.6s. Select Committee of Tynwald on Reform of Local Government

I am reluctant to expend further time and effort on this matter, given the failure of the Council of Ministers to provide a lead and the lack of objectivity shown by some Members. Attached are notes of an address which I gave to the Isle of Man Chamber of Commerce in March 1998 which may be of interest to the Select Committee. There is a stronger case for reform to be made but I was endeavouring to provide a balanced case.

The difficulty in progressing Reform of Local Government is setting aside the vested interests of individual Members [but by no means all Members], often founded on nothing more meritorious than loss of status. At national level the difficulty is lack of objectivity fostered on a not unnatural wish by Members of Tynwald to be seen to support their Local Authorities.

Given that politics is the art of the possible, the need is to make progress and this is more likely to be achieved on the basis of 12/13 Local Authority areas, maintaining a separation between urban and rural interests.

Yours sincerely

tit°.

R E Quine MHK

Enc 11 ACKNOWLEDGED & CIRCULATED- ;ri 1[TO MM ES 2solgeo Address by the Minister for Local Government and the Environment to the Isle of Man Chamber of Commerce on Friday, 13th March. 1998

Reform of Local Government

Local Government is a matter of importance to all our citizens, not least those involved in our Island's commerce and industry. To date the debate on Reform of Local Government has been limited to Local Authorities and a small number of private individuals. I am, therefore, most grateful to the Chamber for affording me the opportunity to address you today, and hopefully in the process I shall be able to stimulate your interest.

Local Government Reform has rumbled along for several years. We have a choice of several starting points but the Motion to Tynwald in January 1987 for the abolition of the domestic rate over a period of 5 years will suffice. The implications of such a proposition, had it materialised, would have been considerable, not least the impact on direct taxation.

In October 1991 the same Member, never one to be easily rebuffed, introduced a Motion for the introduction of an MI-Island Rate. Not surprisingly this fared little better than the earlier Motion: it would have perpetuated unfairness in the rate burden, albeit from another direction.

These false starts led to a decision by Tynwald in late 1991 to seek a solution through Reform of Local Government. Since then various options have been mooted, starting with a proposed Big Six Authorities, involving the amalgamation of towns and parishes, to the current proposition for a maximum of 13 Local Authorities: 1 Municipal, 5 Town/District and 7 Sheading Authorities. This latter proposal protects the historic identity of Rural Authorities and maintains a separation between them and the Urban Authorities.

So much for the backdrop but what is the case for change. Well, surely something must be read into the fact that we have 33 Authorities (24 Local Authorities and 9 Combination Authorities) serving a community of 72,000 people. That we should have so many Authorities, a number of which have few meaningful duties to perform, defies logic. Significantly, Combination Authorities have come into being to compensation for the(presenl inadequacy of the present Local Government structure.

Then there is the issue of unfairness in the burden of rates between different Authorities, primarily between Urban and Rural Authorities. This is not to advocate an equalisation of the rate burden: simply that the rates should relate to the services and facilities enjoyed. Were it otherwise we would be back to an All-Island Rate.

The unfairness in part arises from the fact that towns provide certain services and facilities which are paid for by their ratepayers, by way of fees and rate levy, which are used by persons from other Local Authority areas. Accepting that persons from out of the Local Authority area may pay fees for some of these facilities and services, the receipts do not match the actual costs and, as a consequence, the balance has to be met from the rates of the Authority providing the facilities and services. That situation cannot be right or fair.

Turning to the specific, seven towns provide libraries paid for by their ratepayers. A significant part of the library membership (in some cases a third of the membership) consists of people from neighbouring areas. In one particular situation, after receipts from membership

Q:•M INISTE R'S PC /I COC . DOC 1 • than half of Local Authority elections are contested with a voter turnout of just over 30%. -Not, therefore, as some would have us believe, an inappropriate basis for consultation, whatever the final solution may be.

I would suggest that it is self-evident that the status quo is not an option. That said, the form and extent of Reform of Local Government remains to be finally determined. That will be done with due regard to the recent consultation process, so long as alternative solutions are objectively based. Inevitably not all perspectives and interests can be accommodated, E.cithcr safi-t-walk-eft-watel, and in common with most contentious issues, a little heart-burn along the way is virtually inescapable.

Q:'MINISTER'S PCHCOC. DOC 3

1894 1994 CENTENKR-sir

All correspondence to the Clerk Commissioners Office Mrs. S.M. Kinrade New Road Laxey isle of Man IM4 7BG MEMORANDUM Tel: 01624 861 321

Further to your request from the Select Committee on Local Government Reform.

We refer the Committee to our previous submissions and would reiterate the following points:

• The Lonan Board would like to make it clear that they are not adverse to change provided that such change can be shown to be of benefit to the ratepayers of the parish.

• We are against amalgamation with other Authorities. We feel that by working together with other Authorities there could be many advantages without losing our rural and parish identity. Village and Parish Authorities, whilst they may appear small and insignificant to Central Government, do provide an excellent and personalised service to the community without the burden of the debts that some of the larger authorities incur.

• The insertion of a second tier of government between Local and Central Government adds to the administrative burden and complicates the workings of local authorities whether they be Town, Village or Parish Boards. Indeed the Lonan Board would be willing to take more responsibility from Central Government. Planning particularly is an area where local input would be of great advantage, allocations of public sector housing and minor road maintenance would also benefit from local authority input.

This Board would be happy to appear before the Select Committee of Tynwald to expand on the above points. BOROUGH OF DOUGLAS P.O. BOX No. 2 TOWN CLERK'S DEPARTMENT TOWN HALL RIDGEWAY STREET D. R. KING, LLB., F.I.Mgt. DOUGLAS TOWN CLERK & CHIEF EXECUTIVE ISLE OF MAN COMMISSIONER FOR OATHS 1M99 lAD TELEPHONE: (01624) 623021 FAX: (01624) 662792

Mr T A Bawden T Clerk Assistant of Tynwald Office of the Clerk of Tynwald Legislative Buildings DOUGLAS IM1 3PW

L I REF: DAR/JK/21 59 YOUR REF. C/I_GRO1 /mIg 9th May 2000

Dear Mr Bawden

Re: Select Committee on Local Government Reform

Please find attached a response from the Council to your request for further observations on local government reform dated 4th February 2000. Our apologies for the delay in providing this response — we were concerned that the sub-Committee set up specifically to deal with this matter had ample opportunity to consider and discuss a wide range of options. We would be pleased to assist with further development of any of the points raised if so required.

Yours sincerely

D A OBERTS ASSISTANT CHIEF EXECUTIVE

Enc

All Correspondence should be addressed to the Town Clerk & Chief Executive REPORT OF THE POLICY AND RESOURCES SUB-COMMITTEE ON LOCAL GOVERNMENT REFORM

• The Corporation believes that to provide the best possible service to the ratepayers and taxpayers a step change in attitude away from a 1960's style local authority towards a service-orientated best value culture represents the way forward. The Corporation has undertaken much internal restructuring over the last three years endeavouring to establish an organisation capable of fulfilling this objective. This process is on-going with major reviews of financial and management information systems currently in progress. Internal considerations alone can not entirely support the process the Corporation is wishing to make. It is only by also looking to the wider environment in which it operates and to the external influences that impact on the Corporation that it can hope to succeed.

• Local Government on the Island has to change radically if it is to resume its earlier role as being alive to the needs of the communities that it represents and vibrantly capable of identifying and promoting the needs that its various communities require. It is only radical change which will encourage public interest and hence attract candidates who are representative of the community as a whole. To be effective local government must enjoy the mutual trust and respect of Government and its services and this can only stem from trust and confidence on both sides. Comparisons with other jurisdictions have shown quite clearly that these issues depend on partnerships and relationships rather than local authority structures.

• A more effective way needs to be found to bridge the gap between Government and local authorities and this may be achieved in a number of ways, for example, by the development of local authority partnerships with the Government and the private sector. Another possible bridge might be the removal of the restriction on local politicians also taking a part in national politics and vice-versa.

• The distinction between central and local government is an area that presents endless confusion to the users of the services of both central and local government. The quality and standard of service provided reflects throughout the public sector and it is in all parties mutual interests that all services are provided in a customer- orientated and professional manner. The continual referral to and involvement in local matters by members of central government only adds to the confusion in the minds of the public. A much clearer distinction between the services provided by central and local government would be helpful and should be a consideration in formulating any change for the future.

• Clearly as a first step a decision needs to be taken as to the smallest number of effective authorities that can deliver best value for money services with effective statutory powers, for example, to compete and tender across boundaries. These new local authorities should at all times demonstrate the achievement of best value services through competition. There are potential advantages in the economies of scale which would flow from a smaller number of authorities.

Continued/ 2 -

• The authorities should incorporate and work closely with existing smaller local authority communities within their area making the maximum use of political resources and community involvement. Members of the smaller local communities might be co-opted/incorporated on the new core local authority and might thereby in many instances have an increased involvement and say in the governance of a wider local authority. The authorities should be responsible for the good governance of their areas with the object of supporting the best interests of their communities and the inhabitants of the Island as a whole.

• Managerial issues should be dealt with by a management board or cabinet within each local authority area with the delegation of all but strategic policy decisions to a managing director who would consult with the board as required (as works well with Southern Irish councils). Alternatively this function could be exercised by a political leader elected by all of those members elected to the Council or by the electorate itself as part of the electoral process. Whatever process is adopted the Head of Paid Services should be accountable to the management board and the Council but might also have specific duties and formal liaison with the provision of the Island's Government's services, thereby encouraging the process of joined-up public services.

• The Corporation considers the preservation and enhancement of the Mayoralty as of paramount importance for both Douglas and the Island. The re-introduction of the office of Mayor in the United Kingdom in a lot of areas where it had been discontinued illustrates the unique value and role of the office. Douglas is unique and different from the rest of the island and faces different demands and challenges for the future. Any all-island solution reform of local government must recognise and take into account the special needs of Douglas.

• The European Charter on local authorities should be maintained and encouraged. The special status of the Borough of Douglas should be preserved as the capital town within the Island and the historical status of the Mayoralty and Chairmen within other parts of the Island should be preserved to maintain an essential element of continuity between the old and the new systems.

In conclusion the Council would place on record its support and agreement with the submission by Onchan District Commissioners. SHEILA & PHILIP SAM FAIRWAY HOUSE 1 FAIRWAY DRIVE RAMSEY IM8 2A ISLE OF MAN TEL 01624815859 Mr Bowden, Clerk to Tynwalds Office, August 2nd 2000 Legislative Buildings, Douglas.

Dear Sir, Re Organisation Local Government in the Isle of Man. Further to our telephone conversation, I enclose some points I will make at the meeting that I am to attend:- 5 Councils to be created North, South, East, West and Douglas 15 members per authority possible 16 they should be called Councillors and not commissioners, they should be paid, they should be elected every 5 years along with MHK's they should work very closely with the MHK's and serve on committees with MHK's local imput very important, the Minister (or council of Ministers)to have final say, the board of Education members elections should be done away with, and the elected councils to appoint members to the Education committee, Housing, always a thorny issue should be looked after by all authorities no LGB housing committee purchase of refuse wagons done individually by local authorities, can be bought a lot cheaper by consolidation, i.e. if the Island needs 5 wagons the price has got to be cheaper, library books can be bougflit cheaper by a central buying committee as can all Education books all stationery for all authorities, the buying power of a lot of items in the Isle of Man can be made cheaper if it is all bought through one organisation, Finance for the authorities, rates should be scrapped and a fairer all Island tax be introduced, I will explain why the poll tax (in England) did not work at the meeting, This is some of the points that I will raise at the meeting, and will answer any questions. As to my experience I have served on the largest County Council in England been on the Finance and Education Committee's, also I have district Council experience on Housing and Finance Committees, and also a former Ramsey Town Commissioner. I look forward to hearing from you in the near future with a date of the meeting.

Yours faithfully, Appendix 2

DEPARTMENT OF LOCAL GOVERNMENT AND THE ENVIRONMENT

List of Combination Authorities

Northern Local Authorities Swimming Pool Board Southern Local Authorities Swimming Pool Board Western Swimming Pool Board Northern Parishes Refuse Collection Board Southern Civic Amenity Site Board Eastern Civic Amenity Site Committee (Not a formal combination authority) Marashen Crescent Elderly Persons Housing Authority Cooil Rai Elderly Persons Housing Authority Peel and Western District Elderly Persons Housing Committee Castletown and Malew Elderly Persons Housing Committee Ramsey and Northern Districts Housing Committee Royal British Legion Housing Association (TOM) Limited Andreas Burial Ground Authority* Arbory Burial Ground Authority* Ballaugh Burial Ground Authority* Braddan Burial Ground Authority* Bride Burial Ground Authority* German Burial Ground Authority* Kirk Christ Lezayre Burial Ground Authority* Lonan Burial Ground Authority* Malew Burial Ground Authority* Marown Burial Ground Authority* Maughold Burial Ground Authority* Kirk Michael Burial Ground Authority* Onchan Burial Ground Authority* Patrick Burial Ground Authority* Rushen Burial Ground Authority* Santon Burial Ground Authority*

* Rating Authorities not subject to popular election

Appendix 3

THE EXISTING LOCAL AUTHORITY DISTRICTS

1. DOUGLAS 3. BRADDAN NORTH 2. RAMSEY 4. BRIDE 3. ONCHAN 5. GERMAN 4. CASTLETOWN 6. PATRICK 5. PEEL 7. LEZAYRE 6. PORT ERIN 8. LONAN 1 Bride 7. PORT ST. MARY 9. MALEW 8. LAXEY 20. MAROWN 9. MICHAEL 21. MAUGHOLD Andreas 10. ANDREAS 22. RUSHEN 11. BALLAUGH 23. SANTON 12. JURBY 24. ARBORY

PROPOSED DISTRICT AUTHORITIES

EAST

Appendix 4

The following table details the Committee's suggestions as to how the various responsibilities could be assigned to district and local authorities. We would stress that they are only our suggestions and we would hope that each district authority would be enabled to delegate certain responsibilities, as it may not be appropriate for each district authority to deal with a particular function in the same way.

Examples of Existing and Proposed Functions (this list is not exhaustive)

Existing Proposed Town/ Central District Local Function Parish Village Government Authority Authority Abandoned vehicles .7 .7 Band and bandstands .7 .7 Building control (some) i Campsite provision I (some) i Carparking .7 .7 Civic amenity sites 1 V s7 Community halls 1 V I Consumer advice (some) v Control of dogs I (some) I Environmental health I v I Events and attractions v .7 I Flats regulations/enforcement I I Food hygiene i I .7 Housing I (some) .7 Libraries I ,7 Licensing of skips v Licensing of Hackney Carriages ,/ v and drivers Litter Act .7 v i Local byelaws/enforcement *.7 V I Markets *.7 ,7 Nuisance abatement .7 .7 .7 Pedlars and street traders 1 .7 .7 Planning I I I, 12 /2 Play areas ,7 v I Public clocks ,.7 (some) v

Responsibility for the planning decision 2 Responsibility for submitting comments direct to the Planning Committee Existing Proposed Town/ Central District Local Function Parish Village Government Authority Authority Public information/advice v 1 .7 v v Public pleasure/recreation v v v grounds Public seats and shelters v V v Public toilets v v i Refuse collection v V v Sanitation .7 v v (comb Sheltered housing V V auth) Street lighting v v v Street nameplates v I V (comb (comb Swimming pools V auth) auth) Tourist information i V ./ i Uns19htly/derelict buildings i Y v War memorials (some) (some) v

Parliamentary Copyright available from:

The Tynwald Library Legislative Buildings DOUGLAS Isle of Man lM1 3PW British Isles October 2001 Tel: 01624 685520 Fax: 01624 685522 e-mail [email protected] Price: £8.00