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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.
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