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T Y N W A L D C O U R T O F F I C I A L R E P O R T R E C O R T Y S O I K O I L Q U A I Y L T I N V A A L P R O C E E D I N G S D A A L T Y N HANSARD Douglas, Wednesday, 20th January 2021 All published Official Reports can be found on the Tynwald website: www.tynwald.org.im/business/hansard Supplementary material provided subsequent to a sitting is also published to the website as a Hansard Appendix. Reports, maps and other documents referred to in the course of debates may be consulted on application to the Tynwald Library or the Clerk of Tynwald’s Office. Volume 138, No. 10 ISSN 1742-2256 Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. © High Court of Tynwald, 2021 TYNWALD COURT, WEDNESDAY, 20th JANUARY 2021 Present: The President of Tynwald (Hon. S C Rodan OBE) In the Council: The Lord Bishop of Sodor and Man (The Rt Rev. P A Eagles), The Attorney General (Mr J L M Quinn QC), Miss T M August-Hanson, Mr P Greenhill, Mr R W Henderson, Mrs K A Lord-Brennan, Mrs M M Maska, Mr R J Mercer, Mrs J P Poole-Wilson and Mrs K Sharpe with Mr J D C King, Deputy Clerk of Tynwald. In the Keys: The Speaker (Hon. J P Watterson) (Rushen); The Chief Minister (Hon. R H Quayle) (Middle); Mr J R Moorhouse and Hon. G D Cregeen (Arbory, Castletown and Malew); Hon. A L Cannan and Hon. T S Baker (Ayre and Michael); Mr C C Thomas and Mrs C A Corlett (Douglas Central); Mrs C L Barber and Mr C R Robertshaw (Douglas East); Hon. D J Ashford MBE and Mr G R Peake (Douglas North); Mrs C S B Christian and Mr S P Quine (Douglas South); Mr M J Perkins and Mrs D H P Caine (Garff); Hon. R K Harmer and Hon. G G Boot (Glenfaba and Peel); Mr W C Shimmins (Middle); Mr R E Callister and Ms J M Edge (Onchan); Hon. A J Allinson and Mr L L Hooper (Ramsey); Hon. L D Skelly (Rushen); with Mr R I S Phillips, Clerk of Tynwald. ________________________________________________________________________ 1116 T138 TYNWALD COURT, WEDNESDAY, 20th JANUARY 2021 Business transacted Order of the Day ................................................................................................................... 1119 26. Coronavirus – Isle of Man Government response – Amended motion carried ........... 1119 27. UK–EU Trade and Cooperation Agreement – Motion not moved – Statement made . 1147 28. Telecommunications – Review of permitted development – Debate commenced..... 1148 The Court adjourned at 1 p.m. and resumed its sitting at 2.30 p.m. ....................................... 1153 Telecommunications – Debate concluded – Motion carried ........................................... 1153 29. Tynwald Commissioner for Administration – Motion not moved .............................. 1157 30. Public registers of conflicts of interests – Motion not moved – Statement made ...... 1158 31. Trading relationship with Europe – General Debate not moved ................................ 1158 Supplementary Order Paper No. 1........................................................................................ 1159 1. Standing Orders suspended to take the business on Supplementary Order Paper No. 1 .................................................................................................................... 1159 2. Papers laid before the Court ....................................................................................... 1159 3. Public Health Act 1990 – Public Health Protection (Coronavirus) (Amendment) Regulations 2021 approved as amended ........................................................................ 1160 Procedural – Treasury concurrence for financial motions ...................................................... 1164 4. Public Health Act 1990 – Public Health Protection (Coronavirus) (Amendment) (No. 2) Regulations 2021 approved ................................................................................ 1165 5. Financial Provisions and Currency Act 2011 – Coronavirus Business Support (Amendment) Scheme 2021 approved ........................................................................... 1175 The Council withdrew. ........................................................................................................... 1175 House of Keys ....................................................................................................................... 1176 Procedural – Happy birthday to Mr Cannan; upcoming business ........................................... 1176 The House adjourned at 3.54 p.m. ......................................................................................... 1176 ________________________________________________________________________ 1117 T138 TYNWALD COURT, WEDNESDAY, 20th JANUARY 2021 PAGE LEFT DELIBERATELY BLANK ________________________________________________________________________ 1118 T138 TYNWALD COURT, WEDNESDAY, 20th JANUARY 2021 Tynwald The Court met virtually at 10.30 a.m. Proceedings were conducted and broadcast live from the Legislative Council Chamber. [MR PRESIDENT in the Chair] The Clerk: Mr Speaker is now in the Chamber. The Speaker: Moghrey mie, good morning, everybody. Please be seated. (Laughter) 5 The Clerk: We are now on air and the Sword is in front of the President, who is now in the Chamber. The President: Moghrey mie, good morning, Hon. Members. The Lord Bishop will lead us in prayer. PRAYERS The Lord Bishop 10 The Lord Bishop: And on this first sitting of the new year, a prayer for this year. God and Father of our Lord Jesus Christ, whose years never fail and whose mercies are new each returning day, let the radiance of your spirit renew our lives, warming our hearts and giving light to our minds, that we may pass this coming year in joyful obedience and firm faith, through Him who is the beginning and the end, your Son, Christ our Lord. Amen. Order of the Day 26. Coronavirus – Isle of Man Government response – Amended motion carried The Hon. Member for Douglas Central (Mr Thomas) to move: That Tynwald: (1) commends the Council of Ministers for having brought forward the Public Health (Coronavirus) (Amendment) Regulations 2020 under the powers contained in sections 51B, 51C, 51F, 51PA and 51Q(3) of the amended Public Health Act 1990; (2) welcomes the introduction of a new and evolving regime for testing within the isolation period and continuing exploration of additional options to manage infection risks and other considerations; ________________________________________________________________________ 1119 T138 TYNWALD COURT, WEDNESDAY, 20th JANUARY 2021 (3) reaffirms the COVID-19 Stay Safe medium-term response principles as follows: (a) Protection of life; (b) Maintenance of critical national infrastructure; (c) Maintenance of public safety, confidence and welfare; and (d) Support for a controlled return to normality, balancing social, economic and health impacts; (4) reiterates its call for regular and continuing review by Tynwald of the Borders and Stay Responsible policy frameworks and the Government’s approach to living with COVID-19, considering the risks and different scenarios arising from the evolving local and global COVID-19 pandemic situations; and (5) requires a report by the Council of Ministers at the February sitting on the establishment of the Emergency Advisory Group including details of the broad advice and input this group has provided to support decision making in a collaborative and transparent manner. The following documents are relevant to this Item: Public Health (Coronavirus) (Amendment) Regulations 2020 [SD No 2020/0599] Stay Safe Isle of Man Government medium-term response to COVID-19 [GD No 2020/0013] Isle of Man Borders Framework 2020 [NN No 2020/0047] Stay Responsible: the Isle of Man Government’s long term framework for COVID-19 [NN No 2020/0048] 15 The President: Hon. Members, having completed up to Item 25 on our Order Paper yesterday evening, we resume at Item 26: motion on coronavirus in the name of the Hon. Member for Douglas Central, Mr Thomas, and I call on him to move. Mr Thomas. Mr Thomas: Thank you, Mr President. 20 This motion is in five parts and I will speak about each part separately from first to fifth. Mr President, I imagine it might be helpful, depending on what is said and moved in the forthcoming debate to have each part voted separately. Would that be okay? The President: I take it the Court is in agreement. Thank you. 25 Mr Thomas: The first part is commendation of the Council of Ministers for having brought forward the Public Health (Coronavirus) (Amendment) Regulations 2020 under the powers contained in various sections of the amended Public Health Act 1990. Why a commendation? Well, firstly, because the amended 1990 Public Health Act is now being used just as intended, 30 especially after it was amended in 2013/2014 to address previous potential deficiencies which have been shown up by coronavirus and similar public health situations outside the Island. As was made quite clear in respect of the 2013 Public Health (Amendment) Bill at the time, it was intended to introduce amendments to the underlying Act to enable the Island to manage public health better and to prevent and control the international spread of disease and in particular to 35 comply with international health regulations, specifically International Health Regulations (2005) which were adopted by the World Health Organization in 2007. Members might be interested – because I was – in a discussion at clauses in the Legislative Council in November 2013 between Mr Downie and Mr Butt particularly, which is particularly