DOCSLIB.ORG

16 Oct 1990 Tynwald Hansard Printed (By Authority) by CORRIE Ltd., 48

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
16 Oct 1990 Tynwald Hansard Printed (By Authority) by CORRIE Ltd., 48 Printed (by Authority) by CORRIE Ltd., 48 Bucks Road, Douglas, Isle of Man. ;74 REPORT OF PROCEEDINGS OF V.TYNWAIDI COURT 2 r4Q Douglas, Tue,sfliiy 6 October 1990 at 16.30 a.a. Present: The President of Tynwald (the Hon. Sir Charles Kerruish, OBE). In the Council: The Lord Bishop (the Rt. Rev. Noel Debroy Jones), the Attorney- General (Mr. T:W. Cain, QC), Mr. R.J.G. Anderson, Mr. B. Barton, Hon. A.A. Catlin, Mr. E.C. Irving, CBE, Hon. E.G. Lowey, His Honour A.C. Luft, CBE, Messrs. W.K. Quirk and J.N. Radcliffe, with Mr. T.A. Bawden, Clerk of the Council. In the Keys: The Speaker (the Hon. G.V.H. Kneale, CBE) (Douglas West); Hon. A.R. Bell and Brig. N.A. Butler, CBE (Ramsey); Mr. R.E. Quine (Ayre); Mr. J.D.Q. Cannan (Michael); Mrs. H. Hannan (Peel); Mr. W.A. Gilbey (Glenfaba); Dr. E.J. Mann (Garff); Hon. D. North (Middle); Messrs. P. Karran, R.C. Leventhorpe and L.R. Cretney (Onchan); Hon. B. May. and Mrs. J. Delaney (Douglas North); Mr. D.C. Cretney (Douglas South); Messrs. D.F.K. Delaney and P.W. Kermode (Douglas East); Hon. J.C. Cain (Douglas West); Hon. J.A. Brown (Castletown); Hon. D.J. Gelling (Malew and Santon); Hon. M.R. Walker, Dr. J.R. Orme and Mr. J. Corrin (Rushen); with Prof. T. St.J. N. Bates, Clerk of Tynwald. The Lord Bishop took the prayers. io CONGRATULATIONS TO THE NEW SPEAKER The President: Hon. members, it is pleasing that among my first responsibilities in this setting is that of welcoming the newly elected Speaker of the House of Keys, Mr. Victor Kneale. Mr. Speaker, sir, may I congratulate you personally, and on behalf of Tynwald, on your election to the ancient office you now hold. It is not trite, hon. members, to say that no member who has had experience of the hon. gentleman, either as a backbencher but particularly as a minister in his last office, would deny that he has served the Keys and Tynwald, indeed the Island, very well indeed throughout the 28 years he has held office. I feel sure, Mr. Speaker, that e) under your Speakership the democratic rights of those who directly represent the Manx people will be zealously safeguarded, that the parliamentary responsibility Congratulations to the New Speaker T2 TYNWALD COURT, TUESDAY, 16 OCTOBER 1990 and tradition, which indeed we share, will grow in strength under your guardianship and, hon. members, I would ask you to recall that the role of Speaker has been described as that of the lynch pin of the chariot. May you enjoy good health to discharge the responsibility entrusted to you in the days that lie ahead, Mr. Speaker, and may the chariot of Manx democracy maintain its momentum in the interests of the common weal. Mr. Kneale: Thank you, Mr. President, for those kind words. Thank you. WELCOME TO DR. E. J. MANN The President: Hon. members, on a morning of welcomes it is appropriate that I welcome, on behalf of Tynwald, my successor in the Garff constituency, Dr. Edgar Mann. No stranger to Tynwald, having represented the constituency from 1976 to 1985, I am sure his knowledge of our proceedings, his parliamentary expertise, will serve to enhance our debates again and will prove of benefit to Garff and the Island generally. Welcome back, Dr. Mann. Members: Hear, hear. APOLOGIES FOR ABSENCE The President: Now, we have apologies for absence from the hon. member, Mr. Duggan, who is unfortunately ill. PAPERS LAID BEFORE THE COURT The President: I call upon the Clerk to lay papers. The Clerk: I lay before the Court: Policy Report 1990. Customs and Excise Acts (Application) Act 1975 - Export of Goods (Iraq and Kuwait Sanctions) (Application) Order 1990. House Repair and Modernisation - House Repair and Modernisation Scheme 1990. Property Repair and Modernisation (Conservation Areas) Scheme 1990. Financial Supervision Act 1988 - Financial Supervision (Restricted Schemes) (Exemption) Order 1990. Welcome to Dr. E.J. Mann Apologies for Absence Papers laid before the Court TYNWALD COURT, TUESDAY, 16 OCTOBER 1990 T3 Social Security - Pensioners' Lump Sum Payments Order 1990. Social Security Act 1982 (Amendment) Order 1990. Supplementary Benefit (Resources) (Amendment) Regulations 1990. Social Security Legislation (Application) (No. 7) Order 1990. Social Security Legislation (Application) (No. 8) Order 1990. Control of Employment Act 1975 - Control of Employment (Amendment) Regulations 1990. Tenancy of Business Premises Acts 1971 and 1975 - Tenancy of Business Premises Order 1990. Merchant Shipping - Merchant Shipping (Fees) Regulations 1990. Fishing Vessels (Survey and Inspection) (Fees) Regulations 1990. Registration Council of Builders and Workmen - Scheme for the Certification of Craftsmen 1990. Constitution (Executive Council) Act 1984 - Ministers' Titles (Amendment) Order 1990. Banking Acts 1975 to 1986 - Banking Act (Exemptions) (Amendment) (No. 2) Order 1990. Bankruptcy Act 1988 - Bankruptcy (Designation of Relevant Countries Etc.) Order 1990. Town and Country Planning Act 1981 (Special Inquiry) — Planning application for approval in principle for the provision of an 18-hole golf course at Langness, Derbyhaven, Malew - Inspector's report and letter of decision. Coast Erosion Policy - Report to Executive Council by the Department of Highways, Ports and Properties and the Department of Agriculture, Fisheries and Forestry. Report of the Isle of Man Delegation to the Islands Commission of the Conference of the Peripheral Maritime Regions of the EEC 1990. Wild Birds Protection Act 1932 - Licences issued by His Excellency the Lieutenant-Governor in 1989. Antarctica - Antarctic Treaty Act 1967 (Isle of Man) (Variation) Order 1990. European Communities - Applicable European Communities Legislation for June, July and August 1990. Papers laid before the Court T4 TYNWALD COURT, TUESDAY, 16 OCTOBER 1990 Isle of Man Post Office Authority - Isle of Man Post Office Authority (Inland Post) (Amendment) Regulations 1990. Appointed Day Orders - Road Traffic Act 1985 (Appointed Day ) (No. 2) Order 1990. Road Traffic Act 1985 (Appointed Day) (No. 3) Order 1990. NatWest International Trust Corporation (Isle of Man) Act 1990 (Appointed Day) Order 1990. Annual Report - Manx Electricity Authority's Annual Report and Accounts for the year ended 31st March 1990. International Agreements — 1st April 1990 to 30th June 1990 - The Isle of Man Government has requested that the following international agreements be extended to the Isle of Man: Bilateral agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Sweden concerning the restraint and confiscation of the proceeds of crime. European Convention on Asylum which established which European Community member state should take the lead in deciding an application for political asylum from third country nationals where two or more member states were involved. Bilateral agreements between Her Majesty's Government and the Governments of Mexico and Malaysia concerning mutual assistance in relation to drug trafficking. Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. McKINNEY v SJP LIMITED — STATEMENT BY THE PRESIDENT The President: Hon. members, at this stage of our proceedings I wish to draw your attention to aspects of the proceedings in the case of McKinney v. SJP Limited and the Department of Local Government and the Environment, which was before the High Court in Douglas last week and, I understand, adjourned. The Clerk Assistant of Tynwald, in his capacity as Clerk to the Public Accounts Committee of this Court, was served with a witness summons within the precincts of Tynwald which required him to produce to the High Court a document obtained by the committee from the Department of Local Government and the Environment, and in response to the summons the Clerk Assistant indicated to the counsel for the plaintiffs that the document was subject to parliamentary privilege and could not McKinney v SJP Limited — Statement by the President TYNWALD COURT, TUESDAY, 16 OCTOBER 1990 15 be produced without the leave of Tynwald, and that an officer of the Court could not give evidence as to the proceedings of Tynwald or a committee of Tynwald without leave of the Court. He was then formally advised by an employee of the advocates appearing for the plaintiffs that consideration would be given to asking for a presentment requiring his presence. It has been reported in the Press that during proceedings in a case before the High Court last week, counsels for the plaintiffs suggested that the response of the Clerk Assistant of Tynwald was an aspect of — and I quote — 'a total cover-up'. The facts which I have outlined appear to reveal a number of prima facie contempts of Tynwald and, indeed, the Clerk of Tynwald had instructed Her Majesty's Attorney-General to seek leave to appear for the Department of the Clerk of Tynwald in the case before it was adjourned. It is, hon. members, my belief that I have the support of the Court in stressing the importance of preserving the established privileges of this Court and, in expressing my hope that an early opportunity will be found, to make a public withdrawal of the unfounded allegation against one of its officers. A further matter of privilege has arisen from the same litigation, hon. members. The hon. member for Douglas, Mr. Delaney, was served with a witness summons to appear as a member of Tynwald and, as a member of this Court, he could not be compelled to give evidence in respect of proceedings in Tynwald without obtaining the permission of Tynwald. I understand that under Standing Order 54 (1) he wishes to seek the leave of Tynwald to give such evidence should he be served with a witness summons at a later date. I call upon the hon. member for Douglas East to make such an appeal to the Court.
Load more

Recommended publications
  • Report of the Select Committee on Library Provision 2017-2018
    PP 2018/0046 REPORT OF THE SELECT COMMITTEE ON LIBRARY PROVISION 2017-2018 REPORT OF THE SELECT COMMITTEE ON LIBRARY PROVISION 2017-2018 Committee Remit: That a committee of three Members be appointed to investigate the adequacy, structure and funding of library provision on the Island; and to report back with recommendations no later than June 2018. The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership Miss C L Bettison MHK (Douglas East) (Chairman) Mrs C A Corlett MHK (Douglas Central) Mrs J Poole-Wilson MLC Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas, IM1 3PW (Tel: 01624 685520) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, IM1 3PW. Table of Contents I. INTRODUCTION ............................................................................................. 1 II. HISTORY OF ISLE OF MAN LIBRARY SERVICES ................................................. 2 Family, Mobile and Schools library services since 2012 .................................................................. 3 III. CURRENT LIBRARY PROVISION ....................................................................... 5 General Public
    [Show full text]
  • Tynwald Court
    Printed (by Authority) by The Copy Shop Ltd., 48 Bucks Road, Douglas, lsle of Man. REPORT OF PROCBBDINGS OF TYNWALD COURT Douglas, Tlresday, 10th July 2001 at L0.30 a.m. Present: Middle Farm planning scheme, at 10.30 tomorrow The President of Tynwald (Hon N Q Cringle) morning? and Deputy President (the Hon J D Q Cannan). In the Council:The Lord Bishop (the Rt Rev Noël Debroy Jones), Members: Agreed. Hon Mrs C M Christian, Messrs E A Crowe, D F K Delaney, J R Kniveton, E G Lowey, J N Radcliffe and G H'Waft, with Mrs M Cullen, Clerk of the Council. Election of President of Tynwald In the Keys: The Speaker (the Hon J D Q Cannan) The Deputy President: Hon. members, we now turn (Michael) and Acting Speaker (Hon J A Brown) to the order paper, and the first item on the order paper is (Ramsey); (Castletown); Mr L I Singer and Hon A R Bell the election of the President of Tynwald. The Constitution (Peel); Mr R E Quine OBE (Ayre); Mrs H Hannan Act states, 'Section 2, Election of President of Tlnwald. (GarfÐ; Hon W A Gilbey (Glenfaba); Hon S C Rodan Tynwald shall from time to time by resolution elect a Hon D North (Middle); Mr P Karran, Hon R K Corkill member of the Keys or an elected member of the and Mr G T Cannell (Onchan); Messrs J R Houghton and Legislative Council to be President of Tynwald. A Henderson (Douglas North); Hon D C Cretney and R W resolution under subsection (1) shall not have effect unless C Duggan (Douglas South); Mr R P Braidwood and MrA it is passed by a majorÌty of the members of Tynwald, Mrs B J Cannell (Douglas East); Mr J P Shimmin and present and voting, who shall vote as one body by ballot.' HonAFDownie (Douglas'West); HonD J Gelling (Malew the people eligible for election are a and Santon); Sir Miles Walker CBE LLD (hc), So, hon.
    [Show full text]
  • P R O C E E D I N G S
    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 J O I N T C O M M I T T E E O N T H E C O N S T I T U T I O N A L P R I N C I P L E S R A I S E D B Y T H E E L E C T O R A L R E F O R M B I L L 2 0 1 1 C O – V I N G T I N V A A L M Y C H I O N E P R I N S A B Y L Y N B U N R A G H T O I L T A G I R R E E A S S B I L L E Y L H I A S A G H E Y R E I H Y S S A G H 2 0 1 1 Douglas, Monday, 19th March 2012 PP62/12 JCERB, No. 1 All published Official Reports can be found on the Tynwald website www.tynwald.org.im/Official Papers/Hansards/Please select a year: 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.
    [Show full text]
  • Edge 2006 Development
    RADA R Oxford Brookes University – Research Archive and Digital Asset Repository (RADAR) [Author] [Title] Edge, P (2006) The development of the Lord Bishop’s role in the Manx Tynwald. Journal of Ecclesiastical History, 57 (3). pp. 494‐514. Doi: 10.1017/S0022046905004343 This version is available: http://radar.brookes.ac.uk/radar/items/6e4fd058‐d9e8‐b5af‐78cf‐d29af83b3873/1/ Available in the RADAR:October 2011 Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owners. A copy can be downloaded for personal non‐commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. This document is the published version of the journal article. www.brookes.ac.uk/go/radar Directorate of Learning Resources Jnl of Ecclesiastical History, Vol. 57, No. 3, July 2006. f 2006 Cambridge University Press 494 doi:10.1017/S0022046905004343 Printed in the United Kingdom The Development of the Lord Bishop’s Role in the Manx Tynwald by PETER W. EDGE and C. C. AUGUR PEARCE The Isle of Man was a distinct diocese before it became a possession of the English crown in 1399. In the following centuries it retained not only a national legislature, the Tynwald, but the lord bishop of Sodor and Man. Ecclesiastical officers were to be found in Tynwald as early as 1614, and throughout the nineteenth century it included the lord bishop, the vicars-general and the archdeacon of the diocese.
    [Show full text]
  • TIME to REMEMBER: Tony Brown
    Manx Heritage Foundation: TIME TO REMEMBER: Tony Brown MANX HERITAGE FOUNDATION ORAL HISTORY PROJECT ORAL HISTORY TRANSCRIPT ‘TIME TO REMEMBER’ Interviewee(s): Mr Tony Brown MHK Date of birth: Place of birth: Interviewer(s) Roger Rawcliffe and Charles Guard Recorded by: Charles Guard Date recorded: No recording date Topic(s): Collapse of Savings & Investment Bank Clifford Irving and Jack Nicholson Pressure from the European Union New Companies legislation Changes in legislative set-up Financial Crime Unit Bills Zero Company Tax Bill Distribution Tax New Customs and Excise Agreement Common Purse Agreement Terry Groves’ ‘Think Tank’ Tourism in the 60s, 70s and 80s New Residency Policy Money laundering Department of Home Affairs Tony Brown - Mr B Roger Rawcliffe - RR Charles Guard - CG 1 Manx Heritage Foundation: TIME TO REMEMBER: Tony Brown RR ... you, better than anybody, both by length of … Mr B Hmmm. RR … looking at the Island and being involved in it all… Mr B Right. RR ... and by being in the [unclear] ... Mr B Yea. RR ... you’d have a better idea than anyone else. Mr B Hopefully. (laughter) RR In general, I mean, I’m going to go and see John Aston … Mr B Yes, yes, I know what you mean … RR ... about specific matter … Mr B Yea, yea. RR ... but, but just to sort of, go back to the very beginning … when you came in, it was 1981, I think, wasn’t it? Mr B That’s right, and this happened in 82’, so we were new members. RR What were your – have you any recollections? Mr B Well, absolutely.
    [Show full text]
  • A Review of the Scope and Structure of Government in the Isle of Man
    A Review of the Scope and Structure of Government in the Isle of Man An Independent Report to the Council of Ministers September 2006 Price: £5.60 Review of the Scope and Structure of Government in the Isle of Man Table of Contents Page i. FOREWORD BY THE CHAIRMAN 3 ii. ACKNOWLEDGEMENTS 5 iii. SUMMARY OF RECOMMENDATIONS 7 PART ONE: DESCRIPTION OF THE PRESENT SYSTEM 1 The Historical Background 17 2 The Present Structure of Government 21 PART TWO: THE REVIEW PROCESS, THE COLLECTION OF INFORMATION AND A SUMMARY OF COMMENTS RECEIVED 3 The Review Process 36 4 The Questionnaires and the Follow-Up Discussions 39 5 The Culture of Government and the Political Environment 48 6 The Public Sector - An International Perspective/benchmarking 53 PART THREE: REVIEW TEAM FINDINGS 7 Overview 59 8 Alternative Means of Service Delivery 67 9 Improving Service Delivery 81 10 Local Government 87 11 Accountability 91 12 Human Resources 97 13 Information Technology 103 14 Strengthening the Centre 108 15 Refining the Structure 118 APPENDICES Appendix 1 Terms of Reference 133 Appendix 2 The Review Team 135 Appendix 3 List of Contributors to the Review 136 1 2 FOREWORD BY THE CHAIRMAN It is a rare privilege to be invited to look at the whole of the scope and structure of a Government and to be able to offer ideas on how that scope and structure might be modified to serve the needs of the future. This report is our response to the invitation that we received from the Council of Ministers and we offer it, we believe, as a practical blueprint for progressive change.
    [Show full text]
  • A New History of the Isle of Man Volume 5 the Modern Period 1830–1999
    A NEW HISTORY OFTHEISLEOFMAN Volume 5 The Modern Period 1830–1999 Forthcoming volumes: Vol 1 Evolution of the natural landscape Vol 2 Prehistory Vol 3 Medieval period, 1000–1405 Vol 4 Derby and Atholl periods, 1405–1830 Isle of Man, after R. Creighton, from Samuel Lewis, Topographical Dictionary of England, c. 1845 A New History of the Isle of Man Volume 5 The Modern Period 1830–1999 Edited by JOHN BELCHEM Liverpool University Press First published 2000 by LIVERPOOL UNIVERSITY PRESS Liverpool L69 7ZU # 2000 Liverpool University Press The right of John Belchem to be indentified as the editor of this work has been asserted by him in accordance with the Copyright, Design and Patents Act, 1988 All rights reserved No part of this volume may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the publishers British Library Cataloguing-in-Publication Data A British Library CIP record is available ISBN 0-85323-716-6 (hardback) ISBN 0-85323-726-3 (paperback) Design and production: Janet Allan Typeset in 11/12.5pt Monotype Sabon by Wilmaset Ltd, Birkenhead Printed by Henry Ling Ltd, Dorchester Contents List of Illustrations vii Acknowledgements ix Notes on Contributors xi Abbreviations xiii Introduction john belchem 1 The Onset of Modernity, 1830–80 john belchem 18 Constitutional Development and Public Policy, 1900–79 david kermode 94 Tynwald Transformed, 1980–96 alistair ramsay 185 Economic History, 1830–1996 derek winterbottom 207 Labour History robert fyson 279 Cultural History 311 Introduction john belchem 311 The Manx Language r.l.
    [Show full text]
  • The Isle of Man Is Located in the Centre of the Irish Sea, Equally Acessible from England, Ireland, Scotland and Wales
    Religious representation in a democratic legislature. A case study of the Lord Bishop of Sodor and Man in Tynwald. Funded by the Economic and Social Research Council. (ESRC project R000223633). Final Report September 2003 Prof. Peter W. Edge, Department of Law, Oxford Brookes University. Dr. C.C. Augur Pearce, Lecturer in Law, Cardiff University. Table of Contents. SUMMARY. 4 ACKNOWLEDGEMENTS. 6 I: INTRODUCTION. 7 I.1 The project. 7 I.2 Demographic outline 7 I.3 The development of the Manx constitution. 8 I.4 The changing religious scene. 13 I.5 Conclusions. 17 II: ECCLESIASTICAL OFFICERS IN TYNWALD. 18 II.1 The establishment of ecclesiastical officers in Tynwald. 18 II.4 The removal of the inferior Spiritual Officers. 23 II.5 Changes in the role, and the reform of Tynwald, 1921-1961. 28 II.6 Consideration of the Bishop’s role after 1961. 32 II.7 Developments since 2001. 45 II.8 Conclusions. 46 III: THE DEBATES OF TYNWALD, 1961-2001. 47 III.1. Methodology. 47 III.2. The decisive votes. 49 III.3. Subjects discussed. 54 (i) Constitutional reforms involving the role of the Bishop. 55 (ii) Church legislation. 61 (iii) State ceremonials. 66 (iv) Church property. 67 (v) Gaming. 69 (vi) Sunday trading. 71 (vii) Criminal law and human rights issues. 74 (viii) Subjects where the contribution of the Bishop is seen as particularly appropriate. 77 III.4. Modes of contribution by the Bishop. 79 III.5 The five Bishops as individuals. 89 (i) Bishop Pollard 89 (ii) Bishop Gordon. 90 3 (iii) Bishop Nicholls. 93 (iv) Bishop Attwell.
    [Show full text]
  • The Tynwald Companion 2011
    THE TYNWALD COMPANION 2011 The Tynwald Companion 2011 Edition Parliamentary copyright 2011 OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Finch Road, Douglas, Isle of Man IM1 3PW Phone: 01624 685500 E-Mail: [email protected] ISBN 978-1-904869-23-8 Editions of The Tynwald Companion were issued in 1980, 1982, 1983, 1986, 1993, 1999 and 2000 August 2011 PREFACE The Tynwald Companion is produced to explain the workings of the High Court of Tynwald, and its Branches, and as a directory of Committees, Members and Officers at the time of its publication. Included are parliamentary procedures; the current structure and membership of Tynwald, the House of Keys, and the Legislative Council; and biographical information of Honourable Members and officers of the Office of the Clerk of Tynwald. This book is accurate at the time of publication so the information is therefore subject to change. Readers may access updated information on the Tynwald website, www.tynwald.org.im. Clerk of Tynwald August 2011 CONTENTS 1. THE ESTATES OF THE CONSTITUTION OF THE ISLE OF MAN AND THEIR MEMBERSHIP ....................................................................................................... 1 a. Sovereign Power 2 i. The Sovereign ................................................................................................................................. 2 ii. Privy Council ................................................................................................................................. 2 iii. Lieutenant Governor .....................................................................................................................
    [Show full text]