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P R O C E E D I N G S H O U S E O F K E Y S 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 Y C H I A R E A S F E E D P R O C E E D I N G S D A A L T Y N HANSARD Douglas, Tuesday, 3rd November 2015 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 133, No. 3 ISSN 1742-2264 Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. © Court of Tynwald, 2015 HOUSE OF KEYS, TUESDAY, 3rd NOVEMBER 2015 Present: The Speaker (Hon. S C Rodan) (Garff); The Chief Minister (Hon. A R Bell) (Ramsey); Mr G G Boot (Glenfaba); Mr L I Singer (Ramsey); Hon. W E Teare (Ayre); Mr A L Cannan (Michael); Mr R K Harmer (Peel); Mr P Karran, Mr Z Hall and Mr D J Quirk (Onchan); Hon. R H Quayle (Middle); Mr J R Houghton (Douglas North); Mrs K J Beecroft and Mr W M Malarkey (Douglas South); Mr C R Robertshaw (Douglas East); Hon. J P Shimmin and Mr C C Thomas (Douglas West); Hon. R A Ronan (Castletown); Mr G D Cregeen (Malew and Santon); Hon. J P Watterson and Hon. L D Skelly (Rushen); with Mr R I S Phillips, Clerk of Tynwald. ________________________________________________________________________ 66 K133 HOUSE OF KEYS, TUESDAY, 3rd NOVEMBER 2015 Business transacted Leave of absence granted ............................................................................................................... 69 Procedural – Change to order of business ..................................................................................... 69 1. Questions for Oral Answer................................................................................................ 70 Question 1.4. not asked; Question 1.14. to be answered in writing .............................................. 70 1.1. Planning Committee membership – Necessary qualifications......................................... 70 1.2. Planning appeals – Investigation prior to decisions ......................................................... 73 1.3. Animal waste – Checks to prevent illegal dumping ......................................................... 77 1.4. Disposal of animal waste – Question not asked .............................................................. 79 1.5. Energy from Waste Plant – Disposal costs ....................................................................... 79 1.6. Public sector pension arrangements – Whether appropriate ......................................... 84 1.7. Acting Attorney General post – Additional appointment ................................................ 86 1.8. Living wage – Plans for introduction ................................................................................ 88 Suspension of Standing Order 3.5.1(2) to take remaining Oral Questions – Motion lost ............. 91 Procedural – Questions 1.9 to 1.13, 1.15 to 1.16 deferred to next sitting .................................... 92 2. Questions for Written Answer .......................................................................................... 93 1.14. Work permits– Checks for breaches in law over last 24 months ................................... 93 2.1. Manx Gas Ltd – Capital employed to supply gas to Manx public..................................... 94 Order of the Day .................................................................................................................. 95 4. Bill For Third Reading .............................................................................................................. 95 4.1. Audit (Amendment) Bill 2015 – Third Reading approved ................................................ 95 3. Bills For Second Reading ......................................................................................................... 96 3.1. Police (Amendment) Bill 2015 – Second Reading approved ............................................ 96 Police (Amendment) Bill 2015 – Referral to committee – Motion lost ................................ 111 3.2. Criminal Procedure and Investigations Bill 2015 – Second Reading deferred ............... 116 Leave of absence granted ............................................................................................................. 116 4. Bill For Third Reading ............................................................................................................ 117 4.2. War Memorials Bill 2015 – Third Reading approved ..................................................... 117 5. Leave to Introduce ................................................................................................................ 117 A Bill to establish an independent health regulator – Leave to introduce – Debate commenced ........................................................................................................................... 117 The House adjourned at 1.03 p.m. and resumed its sitting at 2.30 p.m. ..................................... 124 A Bill to establish an independent health regulator – Debate continued – Motion lost ...... 124 6. Election of a Member to the House of Keys Standing Orders Committee ........................... 131 House of Keys Standing Orders Committee – Mr Malarkey elected .................................... 131 The House adjourned at 3.03 p.m. ............................................................................................... 131 ________________________________________________________________________ 67 K133 HOUSE OF KEYS, TUESDAY, 3rd NOVEMBER 2015 PAGE LEFT DELIBERATELY BLANK ________________________________________________________________________ 68 K133 HOUSE OF KEYS, TUESDAY, 3rd NOVEMBER 2015 House of Keys The House met at 10.00 a.m. [MR SPEAKER in the Chair] The Speaker: Moghrey mie, good morning, Hon. Members. Members: Good morning, Mr Speaker. 5 The Speaker: The Chaplain will lead us in prayer. PRAYERS The Chaplain of the House of Keys Leave of absence granted The Speaker: Hon. Members, I have given leave of absence to the Hon. Member for Ayre, Mr Teare, for this afternoon, if we are still sitting to go off Island on Government business. Also leave has been given to Mr Gawne, who is away on Government business; and to the Hon. 10 Member for Douglas North, Mr Peake, who is similarly away. Procedural – Change to order of business The Speaker: Hon. Members, in order to allow the Treasury Minister to move the Third Reading of the Audit (Amendment) Bill today, I understand he would like the House to take the Bill immediately after Questions. Is the House content for this change to the order of business, please? It was agreed. 15 The Speaker: Thank you very much. ________________________________________________________________________ 69 K133 HOUSE OF KEYS, TUESDAY, 3rd NOVEMBER 2015 1. Questions for Oral Answer Question 1.4. not asked; Question 1.14. to be answered in writing The Speaker: Hon. Members, we now turn to Item 1 on the Order Paper, Questions for Oral Answer. With the agreement of the Member, Question 14 will be answered in writing, as the reply is complex and I understand Question 4 is not to be put. ENVIRONMENT, FOOD AND AGRICULTURE 1.1. Planning Committee membership – Necessary qualifications The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture: What skills, experience and qualifications are essential and desirable for members of the Planning Committee? 20 The Speaker: I call on the Hon. Member for Douglas West, Mr Thomas to ask Question 1. Mr Thomas: Thank you, Mr Speaker. I beg leave to ask the Minister for Environment, Food and Agriculture, what skills, experience and qualifications are essential and desirable for members of the Planning Committee? 25 The Speaker: I call on the Hon. Member for Castletown, Mr Ronan. The Minister for Environment, Food and Agriculture (Mr Ronan): Thank you, Mr Speaker. The skills, experience and qualifications expected of potential members of the Planning 30 Committee are laid out in the applicant information packs, which I have arranged that all Tynwald Members should have received at the last sitting of Tynwald. I would summarise those requirements by saying we are looking for people with a wide range of backgrounds who know the Isle of Man and ideally have experience of interpreting and applying legislation and policy to reach decisions. They need to be rational, considered and able 35 to deal with complex situations, as the larger applications are rarely straightforward. There is also consideration for appointing within the range of experience on the overall Committee. We would ideally like to see experience in construction and economic development within the private and public sectors. As the closing date for applications was last week, Mr Speaker, and in the interest of fairness 40 to all potential applicants, it would be inappropriate to make further comment on the recruitment process until the process has been completed. The Speaker: Supplementary, Mr Thomas. 45 Mr Thomas: Thank you, Mr Speaker, and to the Minister for that reminder of the contents of the application pack. ________________________________________________________________________ 70 K133 HOUSE OF KEYS, TUESDAY, 3rd NOVEMBER 2015 I could not help but notice that there was no mention of residency – the requirement for local residency
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