REPORT OF PROCEEDINGS OF TYNWALD COURT Douglas, Tuesday, November 20, 1979 at 10-30 a.m. Present: The Governor (Sir John Paul, have one Bill for signature on the Supple­ G.C.M.G., O.B.E., M.C.). In the C ouncil: mentary Agenda No. 2, and if hon. mem­ The Lord Bishop (the Rt. Rev. Vernon bers agree I will ask the Attorney-General Nicholls), the Attorney General (Mr. J. W. to move that this be taken. Corrin), Sir John Bolton, O.B.E., Messrs. G. T. Crellin, R. E. S. Kerruish, G. V. H. The Attorney-General: Your Excellency, I Kneale, R. MacDonald, W. A. Moore, J. C. beg to move:— Nivison, C.B.E., A. H. Simcocks, M.B.E., with Mr. T. A. Bawden, Clerk of the Council. That permission be granted under Stand­ In the Keys : The Acting-Speaker (Mr. E. C. ing Order 27(6) for the following business Irving), Messrs. R. J. G. Anderson, W. K. to be considered. Quirk, J. J. Radcliffe, J. N. Radcliffe, Dr. E. Bill for signature — Members of Execu­ J. Mann, Messrs. A. A. Callin, R. L. Watter- tive Council (Terms of Office) Bill. son, J. R. Creer, M. R. Walker, N. Q. Cringle, G. A. Quinney, M.B.E., P. A. Craine, The Governor: Hon. members, if it is D. F. K. Delaney, Mrs. B. Q. Hanson, Mr. agreed we will sign these Bills while we T. E. Kermeen, I.S.O., Dr. D. L. Moore, continue with our business. M.A., Ph.D., Messrs. J. J. Christian, G. C. Swales, with Mr. R. B. M. Quayle, Clerk It was agreed. of Tynwald. APOLOGIES FOR ABSENCE PAPERS LAID BEFORE THE COURT The Governor: Hon. members, I have apologies for the absence this morning of The Governor: I call on the Clerk to lay the hon. Mr. Soeaker, the hon. member for papers. Castletown, Mrs. Quayle, the hon. member for Ayre, Mr. Percy Radcliffe, and the hon. The Clerk: I lay before the Court:— member for South Douglas, Mr. Ward. I understand that Mr. Lowey is also unable Customs and Excise Acts (Application) to be with us this morning due to having Act 1975 — Customs and Excise Legisla­ had an accident. tion (ApDlication) (No. 2) (Amendment) Order 1979. Customs Duties (ECSC) Anti- Dumping (Application) (No. 6) Order 1979. Spirits Regulations (Application) Order BILLS FOR SIGNATURE 1979. (Customs and Excise Acts (Applica­ The Governor: We have one Bill for sig­ tion) (Amendment No. 2) Order 1979. Cus­ nature on the main Agenda, the Governor's toms and Excise Warehousing Regulations General Functions (Transfer) Bill. We also (Application) (Amendment) Order 1979. Apologies for Absence.— Bills for Signature.— Papers Laid Before the Court. T170 TYNWALD COURT, NOVEMBER 20, 1979 Appointment of Public Auditors — Public Annual Report — Annual Report of the Notice No. 125/79. Isle of Man Airports Board for the year ended 31st March 1979. Pensioners Bonus Payments — Scheme 1979. Local Government Board’s Approval to Cathedral Church Bill — Report of the Petitions — Approval dated 5th October Ecclesiastical Committee of Tynwald. 1979 to the following Petitions — (1) Petition of the Douglas Corporation for Jury Act 1960 — Jurors Order 1979. approval to purchase the dwelling house and premises numbered 17 Nelson Street, Coroners of Inquests Act 1961 — Coro­ Douglas, together with the adjoining ner’s Jury Rules 1979. triangular parcel of land, from Heron and Brearley Limited for the sum of £9,500. (2) Maintenance Orders (Reciprocal En­ Petition of the Peel Town Commissioners forcement) Act 1978 — Rules of the High for approval to the purchase of a Blaw Court of Justice 1979. Knox 1600 Mk IV High Discharge Road Sweeper and for authority to borrow a Misuse of Drugs Act 1976 — Misuse of sum not exceeding £14,500, repayable Drugs (Safe Custody) Regulations 1973 within 5 years, to defray the cost thereof (Application) Order 1979. together with incidental expenses. Approval dated 19th October 1979 to the following Cattle Quality — Cattle Quality (Head- Petition — (3) Petition of the Peel Town age Payment) Scheme 1979. Commissioners for approval to the sale of a certain plot of land, part of the Balla- Poisons Act 1979 — Poisons Rules (Ap­ quane Estate and containing 48 square plication) Order 1979. yards, to John Courtney Hall for the sum of £273.60 plus the incidental costs of the European Economic Community—Applic­ Petitioners. Approval dated 2nd November able European Communities Secondary 1979 to the following Petitions — (4) Legislation — September 1979. Petition of the Port Erin Village Commis­ sioners for authority to borrow a sum not Fishing Vessels (Safety Provisions) (Isle exceeding £6,175, repayable within 20 of Man) Act 1974 — Fishing Vessels years, in connection with improvements to (Safety Provisions) Subsidiary Legislation the Petitioners’ Offices at Station Road, (Application) (Amendment) Rules 1979. Port Erin, including the provision of male and female toilets on the ground floor and a waiting room on the first floor. (5) Peti­ Customs and Excise — Agreement be­ tion of the Port Erin Village Commissioners tween the Governments of the United King­ for authority to borrow a sum not exceed­ dom and the Isle of Man on Customs and ing £4,500, repayable within 20 years, in Excise and associated matters. connection with improvements to the Petitioners’ Refuge Garage, Port Erin, in­ Medicines Act 1976 — Medicines Sub­ cluding the provision of a staff room, sidiary Legislation (Application) Order toilet facilities and washroom. (6) Petition 1979. of the Marashen Crescent Housing Com­ mittee for authority to borrow a sum not Post Office Authority — Isle of Man exceeding £4,200, repayable within 20 Post Office Authority (Inland Post) years, in connection with the updating and (Amendment) (No. 2) Regulations 1979. renewal of the Call Bell System at Papers Laid before the Court. TYNWALD COURT, NOVEMBER 20, 1979 T171 Marashen Crescent Elderly Persons’ by Tynwald on 19th June 1979. Paragraph Housing Complex, Port Erin. 2.8 of that Report reads as follows: "Doubts have been expressed as to whether Manx law or the Convention is paramount, par­ ticularly since the provisions of the Con­ vention are not embodied in Manx law. There is no doubt in our minds that judg­ CRIMES OF VIOLENCE — SENTENCES ments of the European Court of Human OF JUDICIAL CORPORAL PUNISHMENT Rights are final and binding on both the — QUESTION BY MR. CALLIN. Executive and the Court in the Island.” That statement was made following advice The Governor: Item No. 4, the Question obtained by the Committee from Mr. Paper. Question No. 1. I call upon the hon. Maurice Bathurst, Q.C., and is in line with member for Middle, Mr. Callin. a public statement -made by His Honour the First Deemster last year. Mr. Callin: Your Excellency, I beg to Mr. Simcocks: Your Excellency, may I ask:— (1) How many males under the age ask a supplementary question? Is it not a of 21 have been found guilty of crimes of fact that in recent times there have been a violence to the person during the past two number of occasions upon which young years? (2) In how many instances could males under the age of 21 years have a sentence of judicial corporal punishment been brought before the courts after having have been imposed? (3) Since judicial been involved in crimes occasioning corporal punishment Is still the law of the assault and involving actual bodily harm, Isle of Man, why has it not been imposed and that these young males have been in suitable cases during the past two years? charged not with assault occasioning actual bodily harm, but rather with the minor The Governor: I will ask the learned offence of provoking behaviour? Is it not Attorney-General to answer this question. a fact that this course of conduct has, at the very least, the effect of making The Attorney-General: Your Excellency, official statistics on crime at least some­ the answer to part (1) of the question is what questionable? that in 1977, 14 males under the age of 21, and in 1978, 13 males under the age Mr. Callin: Your Excellency, I would like of 21, were convicted of crimes of violence to ask the Attorney-General two supple­ to the person. The answer to part (2) of mentary questions. Firstly, he gave the the question is that in all such cases a figures 1977 and 1978 as 14 and 13 for sentence of judicial corporal punishment young persons found guilty of crimes of was possible under Manx law. In reply to violence to the person. Would he be good part (3) of the question, judicial corporal enough to give the trend for 1979 to date? punishment has not been imposed during My second supplementary question is that the past two years because of a judgment the First Deemster made a public state­ on the subject of judicial corporal ment in which he said that the Isle of Man punishment in the European Court elected to join the Convention, meaning of Human Rights in April 1978. I the Convention for the Protection of Human would draw the attention of the Rights and Fundamental Freedoms. By hon. member to the Final Report of the doing so th e ‘Isle of Man became entitled Select Committee appointed to consider to and bound by the international obliga­ the Petition of Margaret Jane Irving and tions which it created. Would the Attorney- another dated 12th June 1979 and approved General please state when and by whom Crimes of Violence— Sentences of Judicial Corporal Punishment— Question by Mr. Callin. T172 TYNWALD COURT, NOVEMBER 20, 1979 was this decision taken, who signed the the use of judicial corporal punishment Agreement, and was it done with the be retained, it remains to us to recom­ authority of Tynwald? mend to Tynwald, in the light of Mr.