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20 Mar 2001 Tynwald Hansard Printed Printed (by Authority) by The Copy Shop Ltd., 48 Bucks Road, Douglas, Isle of Man. REPORT OF PROCEEDINGS OF TYNWALD COURT Douglas, Tuesday, 20th March 2001 at 10.30 a.m. Present: Papers Laid before the Court The President of Tynwald (Hon N Q Cringle). In the Council: The Lord Bishop (the Rt Rev Noel Debroy The President: I call upon the Clerk to lay papers: Jones), the Attorney-General (Mr W J H Corlett QC), Hon Mrs C M Christian, Messrs E A Crowe, The Clerk: I lay before the Court: D F K Delaney, J R Kniveton, E G Lowey, Dr E J Mann, Messrs J N Radcliffe and G H Waft, with Mrs M Cullen, Banking Act 1998 - Clerk of the Council. Banking (Fees) Regulations 2001 [SD No 56/01] In the Keys: The Speaker (Hon J D Q Cannan) Investment Business Acts 1991 to 1993 - (Michael); Mr L I Singer and Hon A R Bell (Ramsey); Investment Business (Fees) Regulations 2001 Mr R E Quine OBE (Ayre); Mrs H Hannan (Peel); [SD No 57/01] Hon W A Gilbey (Glenfaba); Hon S C Rodan (Garff); Hon D North (Middle); Mr P Karran, Hon R K Corkill Financial Supervision Act 1988 - and Mr G T Cannell (Onchan); Messrs J R Houghton and Collective Investment Scheme (Fees) Regulations R W Henderson (Douglas North); Hon D C Cretney and 2001 [SD No 58/01] Mr A C Duggan (Douglas South); Mr R P Braidwood and Mrs B J Cannell (Douglas East); Mr J P Shimmin and Income Tax Acts 1970 to 1991 - Hon A F Downie (Douglas West); Hon J A Brown Income Tax Exemption (Managed Banks) (Fees) (Castletown); Hon D J Gelling (Malew and Santon); Order 2001 [SD No 59/01 ] Sir Miles Walker CBE LLD (he) and Mrs P M Crowe and Mr J Rimington (Rushen); with Mr R B M Quayle, Nursing and Residential Homes Act 1988 - Acting Clerk of Tynwald. Nursing and Residential Homes (Amendment) (Fees) Regulations 2001 [SD No 29/01] The Lord Bishop took the prayers. European Communities (Isle of Man) Act 1973 - European Communities (Control of Exports of Dual-Use Items and Technology) (Application) Welcome to the Acting Clerk (Amendment) Order 2001 [draft] The President: Hon. members, this is the first sitting Electricity Act 1996 - of Tynwald to be clerked by our Acting Clerk, Robert Electricity Generation (Middle Farm Incinerator) Quayle, who has returned to us after an absence of almost Order 2001 [SD No 86/01] 14 years. We welcome him to Tynwald and hope that the few months that he will spend with us will be both Road Traffic Act 1985 - productive and enjoyable. Road Vehicles (Construction and Use) (Amendment) Regulations 2001 [SD No 98/01 ] Members: Hear, hear. Road Vehicles Lighting (Application) (Amendment) Regulations 2001 [SD No 99/01 ] Buses (Carriage of Passengers for Hire or Reward) (Construction and Use) Regulations 2001 Bills for Signature [SD No 100/01] The President: Hon. members, we have got five Bills Legal Aid Act 1986 - for signature and if you are agreeable we will continue Criminal Legal Aid Order 2001 [SD No 103/01 ] with our business whilst they are being signed. Agreed, hon. members? Income Tax Act 1970 - Income Tax (Reduction of Class 4 Contributions) Members: Agreed. Order 2001 [SD No 101/01 ] Welcome to the Acting Clerk Bills for Signature Papers Laid before the Court T610 TYNWALD COURT, TUESDAY, 20th MARCH 2001 Income Tax (Instalment Payments) Act 1974 - United Nations - Income Tax (Modified ITIP) (Amendment) Afghanistan (United Nations Sanctions) (Isle of Regulations 2001 [SD No 102/01] Man) Order 2001 [SI 2001 No.394] Social Security Act 2000 - European Communities - Social Security Contributions and Benefits Act 1992 European Communities instruments circulated (Application) (Amendment) Order 2001 during February 2001 [GC No 12/01 ] [SD No 81/01] . Social Security Legislation (Application) (No. 3) Reports and Accounts - Order 2001 [SD No 82/01 ] Financial Information and Miscellaneous Accounts Social Security Legislation (Application) (No. 4) for the year ended 31st March 2000 additional to Order 2001 [SD No 83/01] the published Government Accounts and the Reports of the Public Auditors on the Accounts of Social Security Contributions and Benefits Act 1992 - Local Authorities for the year ended 31st March Income Related Benefits (Miscellaneous 2000. Amendments) Regulations 2001 [SD No 84/01 ] Family Income Supplement (General) (Amendment) Regulations 2001 [SD No 85/01 ] Villa Marina - Licensing Act 1995 - Payment on Transfer of Ownership - Permitted Hours (Licensed Premises) (Temporary Question by Mr Cannell Variation) Order 2001 [SD No 62/01 ] The President: Hon. members, we now turn to the Local Government Act 1985 - question paper and I call on the hon. member for Onchan Port Erin (Boundary Extension) Order 2001 to ask the question number 1. [SD No 84 A/01] Mr Cannell: Thank you, Mr President. I beg leave to Fair Trading Act 1996 - ask the Chief Minister: Business Advertisements (Disclosure) Order 1977 (Application) Order 2001 [SD No 96/01 ] Mas agreement been reached on the sum to be paid by the government to Douglas Corporation in respect of Student Awards Scheme 2001 - the transfer of ownership of the Villa Marina? Student Awards Scheme 2001 [GC No 11/01 ] The President: I call on the Chief Minister to reply. Reports - Report of the Legal Services Commission 2000 Mr Gelling: Thank you, Mr President. I regret to say Second Report of the Standing Committee on that agreement has not been reached on the amount of Economic Initiatives for 2000/2001 on The Legal compensation to be paid to the Douglas Corporation in Context of Contemporary Economic Initiatives respect of the acquisition of the Villa Marina complex and Report of the Standing Committee on Constitutional the chattels specified in part 2 of schedule 1 to the Villa Matters on The Appointment Process of the Marina Act of 1999. Lieutenant Governor of the Isle of Man The hon. member’s question does provide me with a useful opportunity to explain the present situation and Social Security Pensions Act 1975 - dispel some of the rather unfortunate public comments Pensions Increase (Annual Review) Order 2001 which have been made in recent months. I shall be brief, [SD No 97/01] but I believe hon. members should be aware of the facts. I have no intention of going into the history of this Building Societies Act 1986 - prolonged issue as I know hon. members are familiar with Building Societies (Authorisation) (Fees) it. Suffice it to say that this hon. Court instructed the Regulations 2001 [SD No 55/01 ] Department of Local Government and the Environment to prepare primary legislation for the compulsory acquisition European Communities (Isle of Man) Act 1973 - of the complex, and the Villa Marina Act received Royal European Communities (Federal Republic of Assent on 14th December 1999. Section 1(4) of the Act Yugoslavia Sanctions) (Funds and Investments) provides that the appointed day would be not later than Regulations 2001 [SD No 105/01] three months after the passing of the Act, though there Dual-Use Items (Export Control) (Amendment) was also provision that the Council of Ministers could have Regulations 2001 [SD No 111/01] made an order appointing an earlier date. No such order was made, which means that the transfer of ownership took Burials Act 1986 - place on 14th March 2000. Burial Grounds (Maximum Rate) Order 2001 Section 3 of the Act provides that the level of [SD No 68/01] compensation to be paid to the corporation is to be Villa Marina - Payment on Transfer of Ownership - Question by Mr Cannell TYNWALD COURT, TUESDAY, 20th MARCH 2001 T611 determined in accordance with part 3 of the Land The President: The hon. member for Council, Mr Acquisition Act of 1984 and is to be paid into the borough Kniveton. fund. Now I am pleased to say that the Douglas Corporation has been very co-operative and this ensured a smooth Mr Kniveton: Yes, thank you, Mr President. I would transition to the Department of Tourism and Leisure, which just like to ask the Chief Minister, is there an agreement in now operates the complex on much the same basis as place to pay a rate of interest on the eventual agreed price previously. However, there was a delay in obtaining from commencing from the date of the handover or transfer of the corporation an agreed inventory, partly because some the ownership? items of equipment, for example, were loaned by third parties and not owned by the Douglas Corporation. These The President: The Chief Minister. issues were only finally resolved in January of this year. Following agreement as to precisely what was to be Mr Gelling: I do not think that is the case Mr President, included for the purposes of assessing the compensation, because the figure, of course, has not been arbitrated or the property consultants acting for government arranged agreed - to meet with the corporation’s agent, and I understand that that meeting took place on 8th February 2001. At that A Member: I agree. meeting the corporation’s agent raised a legal point which required resolution before the two parties could begin to Mr Gelling: - so I do not think that is the case, sir. arrive at a figure upon which agreement might be reached. It is fair to say that the Department of Local Government The President: The hon. member for Onchan. and the Environment and the Douglas Corporation would much prefer to agree on a realistic and fair figure than Mr Cannell: A further supplementary if I may, Mr have to present evidence to an independent arbitrator. President. Would the hon.
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