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Ptoha^Nkca-Bcgq16#L Q16#l PtoHA^nKca-b cG m RECORD OF THE MEETING i OF THE LEGISLATIVE COUNCIL HELD IN STANLEY ON 31 JANUARY 2003 # RECORD OF THE MEETING OF THE LEGISLATIVE COUNCIL HELD IN STANLEY ON 31st JANUARY 2003 MR SPEAKER (Mr Lionel Geoffrey Blake OBE) MEMBERS (Ex-Officio) The Honourable the Chief Executive (Dr Michael Dennis Blanch) The Honourable the Financial Secretary (Mr Derek Frank Howatt) Elected The Honourable John Birmingham (Elected Member for Stanley Constituency) The Honourable Mrs Janet Lynda Cheek (Elected Member for Stanley Constituency) The Honourable John Richard Cockwell (Elected Member for Stanley Constituency) The Honourable Roger Anthony Edwards (Elected Member for Camp Constituency) The Honourable Stephen Charles Luxton (Elected Member for Stanley Constituency) The Honourable Philip Charles Miller BEM (Elected Member for Camp Constituency) The Honourable Michael Victor Summers OBE (Elected Member for Stanley Constituency) PERSONS ENTITLED TO ATTEND The Attorney General (Mr David Geoffrey Lang CBE, QC) CLERK OF COUNCILS: Claudette Anderson MBE PRAYERS: Rev. Michael Watkins APOLOGIES The Honourable Mrs Norma Edwards (Elected Member for Camp Constituency) The Commander British Forces Falkland Islands (Commodore Richard Jeffery Ibbotson, DSC MSc RN.) CONTENTS Prayers Papers to be laid on the Table 1 QUESTIONS FOR ORAL ANSWERS 01/03 By The Honourable John Birmingham 2 Policy of Anonymity with Civil Service when dealing with complaints by a member of the public 02/03 By The Honourable John Birmingham 3 Number of Man Hours per working week that is allocated to the maintenance of Stanley Cemetery MOTIONS 01/03 The Pale Maiden (Olsynium Filifolium) become the National flower 4 of the Falkland Islands ORDERS OF THE DAY: BILLS The Supplementary Appropriation 2002/03 Bill 2003 5 The Criminal Justice Bill 2003 6 The Criminal Law Miscellaneous Provisions Bill 2002 8 The Conservation of Wildlife and nature Amendment Bill 2002 9 The Licensing Amendment Bill 2003 9 MOTION FOR ADJOURNMENT The Honourable Philip Miller 12 The Honourable John Birmingham 13 The Honourable Mike Summers 14 The Honourable Mrs Jan Cheek 16 The Honourable Richard Cockwell 16 The Honourable Roger Edwards 17 The Honourable Stephen Luxton 18 The Honourable Financial Secretary 20 The Honourable Chief Executive 20 Mr Speaker 22 Record of the Meeting of the Legislative Council Held on Friday 31 January 2003 PRAYERS Clerk of Councils Confirmation of the record of the meeting of the Legislative Council held on 2#th Qetobcr 200». aa^ No'JUAXbQj <300 S. Mr Speaker # Honourable Members, is it your wish that I sign these minutes as being a true record of that meeting? Agreed. Clerk of Councils PAPERS TO BE LAID ON THE TABLE BY THE HONOURABLE THE CHIEF EXECUTIVE. Copies of Subsidiary Legislation published in the Falkland Islands Gazette since the last sitting of the Legislative Council and laid on the table pursuant to Section 34.1 of the Interpretation and General Clauses Ordinance 1977: The Retirement Pensions (Prescribed Rates) (Amendment) Regulations 2002 Defence Contractors’ Employees Tax Exemption (No 2) Order 2002 Animal Health (Livestock Movement and Identification) (Provisional) Order 2002 m Abattoir (Miscellaneous Provisions) Order 2002 Income Tax (Disclosure of Information) Order 2003 Crozier Place, John Street and Reservoir Road No Waiting Regulations (Amendment) Order 2003 FIG (All Funds) Financial Statement and Audit Report, Financial Statements for the Insurance Fund, the Sinking Fund, the Pensions (Old Scheme) Fund and the Currency Fund for the year ended 30 June 2002 and the Retirement Pensions Equalisation Fund Financial Statements for the year ended 31 December 2001, laid on the Table pursuant to section 57 of the Finance and Audit Ordinance. Legislative Council Held on 31st January 2003 Page 1 The Honourable Chief Executive Mr President, I have great pleasure in laying the aforementioned papers on the Table. Mr Speaker Thank you. Clerk of Councils Questions for Oral answer. Question number 01 of 2003 by the Honourable John Birmingham. The Honourable John Birmingham Can the Honourable Chief Executive please confirm that there is a policy of anonymity within the Civil Service when dealing with a complaint by a member of the public. The Honourable Chief Executive Mr Speaker, I thank the Honourable Member for that, the first question of the New Year. And I will answer as follows: The Civil Service is currently reviewing its general policy on handling complaints as part of our customer care initiative. We take the view of rather than being afraid of complaints, we should welcome them because they give us valuable customer feedback on where we might improve our services to the public. Members will note that the recently published complaints procedure of the Medical Services was not headed a "Complaints Procedure." It was headed "A Getting It Right Procedure." Along that basis, complaints shouldn't be seen by staff as being a cause for apportioning blame or pointing fingers. Equally, on that basis, we would hope that members of the public who complain would be happy to be identified. And, indeed, except in a few cases of extreme sensitivity, we wouldn’t want to encourage anonymous complaints. Knowing the origin of the complainant often enables us to get to the bottom of the problem in the spirit of honesty and openness. So, to return to the Honourable Member’s question, there is no policy of anonymity. But if requested we may preserve the anonymity of the complainant but that, in turn, may make it impossible for us to solve the problem. Legislative Council Held on 31st January 2003 Page 2 The Honourable John Birmingham I thank the Honourable Chief Executive for his full reply there and I am sure that will be very useful for members of the public listening. And, I would like to suggest to him, though - we discussed this the other day - that in a small community people - as we know from reading the local newspaper, the Penguin News, people very often do not wish their name to be put to not only letters but to complaints. But I am very impressed with the idea that rather than looking at complaints in a negative way, we look at it as a way of learning how to do things in a better way. Thank you. Mr Speaker Thank you. Does any other Honourable Member have a further supplementary? Clerk of Councils Question number 02 of 2003 by the Honourable John Birmingham The Honourable John Birmingham Mr. President, Honourable Members, I forgot this morning to bring my snack and flask because I have actually asked Roger Edwards for questions before and I know that some of his answers are less than brief. Hopefully, this one will be. Will the Honourable Roger Edwards please inform the House of the number of man hours per working week the Public Works Department allocate to keeping the Stanley Cemetery in a neat and tidy condition. The Honourable Roger Edwards There is no set number of man-hours per working week allocated to maintaining m the cemetery. The Honourable John Birmingham Well! What can I say? I thank the Honourable Member for his reply and I just wondered if he had any information as to the management of the Stanley Cemetery so as to keep it up to a neat and tidy manner? Here we go! The Honourable Roger Edwards Mr. Speaker, yes I have some supplementary information regarding the upkeep of the Cemetery and the grounds surrounding the Cemetery. Routine tasks are identified and are implemented as soon as required, or as required. Non recurring items are dealt with as soon as possible - weather conditions, occasional staff shortages, will obviously cause service levels to vary. In the Legislative Council Held on 31st January 2003 Page 3 recent past there was a post of Cemetery Keeper within the Property and Municipal Section, with the post holder resident at Cemetery Cottage. This post has been consolidated within the Property and Municipal Services team and the post no longer exists as a separate identity. My Honourable friend will be well aware that certain areas in and around the Cemetery are tendered out to contract and are presently being run by a local contractor. The area within the Cemetery itself is maintained by the Property and Municipal Section. It was thought better use of manpower to not have one dedicated Cemetery Keeper but to use men as and when it was necessary. The Honourable John Birmingham I thank the Honourable Roger Edwards for that information and I accept that it is a management decision as to as and when men go into the Cemetery. Thank you. Mr Speaker Thank you. Does any other Honourable Member have a further supplementary? MOTIONS Clerk of Councils Motion No. 1 of 2003 by the Honourable Philip Miller "It is moved that this House welcomes and endorses a proposal of Executive Council that the Pale Maiden (Olsynium Filifolium) should be adopted as the National Flower of the Falkland Islands and resolves and determines that it so be adopted." This motion is proposed by the Honourable Philip Miller and seconded by the Honourable Mike Summers. Mr Speaker Councillor Miller, do you wish to speak to the Motion? The Honourable Philip Miller Mr Speaker, Honourable Members, as Chair of the month, it means that I have the honour of proposing this Motion. This issue came about as a result of a letter being sent to us from Mrs Marilyn Hamilton, whose late partner, Falkland Islander, Pat Alazia, had often spoken of this native bloom. On finding out that the Falkland Islands do not have a national flower, she promptly wrote to Legislative Council Held on 31st January 2003 Page 4 Councillors suggesting that a flower native to the Falklands be adopted as the national flower.
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