PP7/06 TYNWALD Tinvaal
VOTES AND PROCEEDINGS Reaghyssyn as daaltyn
DOUGLAS TUESDAY 17th JANUARY 2006 WEDNESDAY 18th JANUARY 2006
(The number before each motion refers to the number of the motion on the Order Paper)
1. Laid before the Court -
European Communities (Isle of Man) Act 1973 - European Communities (Food Safety Law) (Application) Order 2006 [draft] European Communities (Uzbekistan Sanctions) (Application) Order 2005 [SD No 902/05]
Financial Supervision Act 1988 - Financial Supervision (Authorised Persons) (Custodians of Experienced Investor Funds) Regulations 2005 [SD No 884/05]
Hydrocarbon Oil Duties Act 1986 - Excise Duties Order 2005 [SD No 879/05]
Value Added Tax Act 1996 - Value Added Tax (Gaming Machines) Order 2005 [SD No 880/05]
Beef Cow (Amendment) Scheme 2005 - Beef Cow (Amendment) Scheme 2005 [GC No 49/05]
Inland Fisheries Act 1976 - Inland Fisheries (Duties) Regulations 2005 [SD No 890/05]
Social Security Act 2000 - Social Security Legislation (Application) (No. 12) Order 2005 [SD No 866/05]
Medicines Act 2003 - Medicines (Advertising) Regulations 2005 [SD No 294/05] Medicines for Human Use Regulations 2005 [SD No 9/05] Medicines (General Sales List) Regulations 2005 [SD No 10/05] Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 2005 [SD No 12/05]
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Medicines (Pharmacy and General Sale – Exemption) Regulations 2005 [SD No 13/05] Prescription Only Medicines (Human Use) Regulations 2005 [SD No 11/05]
Reports - Council of Ministers report on the Strategic Direction of the Isle of Man Post Office Interim Report of the Boundary Review Committee 19th December 2005 Waste Management Strategy Report
Burials Act 1986 - Burial Fees Resolution 2005 [SD No 865/05]
European Communities (Isle of Man) Act 1973 - Uzbekistan Sanctions Regulations 2005 [SD No 903/05]
Advocates Act 1995 - Advocates (Prescribed Fees) Regulations 2005 [SD No 848/05]
European Communities - EC Secondary Legislation - December 2005 [GC No 50/05]
2. Questions -
Questions 1 to 21 were answered orally. Questions 22 to 27 were answered in writing.
4. Select Committee of Tynwald on no 5 The Parade, Castletown -
Statement made by the Caairliagh of the Committee.
3. Select Committee on DLGE Expenditure: Supplementary Vote -
Statement made by the Chairman of the Committee.
5. Island Wide Maximum Speed Limit -
Statement made by the Minister for Transport.
Mr President ruled that the Minister should circulate copies of his statement to Members, who would have the opportunity to ask questions at an appropriate time during the sitting.
6. Satellite and Space Industry -
Motion made -
That Tynwald approves the Treasury incurring expenditure of £955,000 out of the Government Marketing Initiatives Fund, to be spent over a two year period, commencing 1st January 2006, for the purpose of promoting the Isle of Man as a centre of excellence for the satellite and space industry. Mr Bell Motion carried.
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7. Ramsey Grammar School Post 16/Medway Block -
Motion made -
That Tynwald approves of the Department of Education incurring expenditure not exceeding £218,710 on advance piling works, in respect of the proposed Ramsey Grammar School Post 16/Medway Block replacement scheme.
Mr Anderson Motion carried.
8. Fire Certification Works to Schools – Phase 1 -
Motion made -
That Tynwald approves of the Department of Education incurring expenditure not exceeding £350,000 on Fire Certification Works to Schools.
Mr Anderson Motion carried.
9. Disabled Access – Phase 1 -
Motion made -
That Tynwald approves of the Department of Education incurring expenditure not exceeding £800,000 on Disabled Access Works to Schools.
Mr Anderson Motion carried.
10. Supplementary Vote - Department of Health and Social Security -
Motion made -
That Tynwald authorises the Treasury to apply from General Revenue during the year ending 31st March 2006 a sum not exceeding £6,500,000 being the additional amount required by the Department of Health & Social Security in respect of excess expenditure incurred in the provision of its services. Mr Rodan Amendment moved - Add at the end -
“and further Tynwald is of the opinion that Treasury should make available further funds, if required, to a maximum of £1,500,000 to ensure that there is no reduction in the front-line services presently provided to the public by the Department of Health and Social Security.” Mr Cannan Court divided. Amendment lost. Court divided.
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Motion unanimously carried. 5. Island Wide Maximum Speed Limit -
Members questioned the Minister of Transport on his statement.
14. European Communities (Isle of Man) Act 1973 -
Motion made -
That the European Communities (Food Safety Law) (Application) Order 2006 be approved. [draft] Mr Gelling Motion carried.
15. European Communities (Isle of Man) Act 1973 -
Motion made -
That the European Communities (Uzbekistan Sanctions) (Application) Order 2005 be approved. [SD No 902/05] Mr Gelling Motion carried.
The Court rose at 8.03 pm and adjourned to Wednesday 19th January 2006.
DOUGLAS WEDNESDAY 18th JANUARY 2006
11. Council of Ministers’ Review of Isle of Man Post Office -
Motion made -
That the Council of Ministers’ report on the Strategic Direction of the Isle of Man Post Office be received and its recommendations approved. Mr Gelling Amendment moved -
Add at the end -
“and the name ‘Isle of Man Post’ be discontinued in favour of ‘Isle of Man Post Office’.” Mr Houghton
Amendment moved -
Insert after the word “recommendations” the words “except recommendation (d)”. Mr Waft Mr Waft’s amendment -
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Court divided. Amendment carried. Mr Houghton’s amendment - Court divided. Amendment carried.
Motion as amended carried.
12. Boundary Review Committee -
Motion made -
That the Interim Report of the Boundary Review Committee dated 19th December 2005, be received and the following recommendations be approved -
That -
(a) The Interim Report of the Boundary Review Committee - December 2005, be received and the following recommendations approved -
(i) Ayre and Ramsey - Retention of the status quo (para 5.1);
(ii) Peel and Glenfaba - That the electors listed be transferred from Peel to Glenfaba (para 5.2);
(iii) Douglas and Middle - That the three areas of Braddan and the isolated area of Onchan, be transferred into North Douglas and South Douglas and that consequential changes be made to all four Douglas constituencies (para 5.4);
(iv) Garff - That South Lonan polling district be transferred to Onchan constituency (para 5.3);
(v) Mandatory review - That a mandatory review of House of Keys constituency boundaries take place within two years of every other General Election; and that such a requirement, together with the guidelines to be followed, be incorporated into statute (para 3.4); (vi) Statutory guidelines -
- The number of seats in the House of Keys to be twenty four (para 4.3.1)
- As far as is practicable, regard shall be had to historic sheading and parish boundaries and to existing local authority boundaries (para 4.3.3)
- The electorate of any constituency, taking into account the number of members it returns to the House of Keys, shall be as near to the electoral quota as is practical. The application of 4.3.3 can be departed from if departure is desirable to avoid an excessive disparity between the electorate of the
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constituency and the electoral quota or between a constituency and a neighbouring constituency (para 4.3.4)
- Departure from strict application of the guidelines at 4.3.3 and 4.3.4 above may be permitted if special geographic considerations including, in particular, size, shape and accessibility of a constituency, appear to render this desirable (para 4.3.5)
- Electoral quota shall mean the number obtained by dividing the current registered electorate of the Isle of Man by the number of seats in the House of Keys (para 4.3.6)
- Other than in exceptional circumstances no divergence from the electoral quota greater than 15% shall be allowed (para 4.3.7);
(vii) Street order - We recommend that voters’ lists in rural areas should be compiled in street order or post code grouping so as to be consistent with the practice in urban areas (para 6.1);
(viii) Maps - We also recommend that constituency maps should be produced and updated regularly (para 6.2).
(b) The Council of Ministers be requested to introduce any necessary legislative changes arising from approved recommendations, in the current parliamentary session. Mr Gelling Amendment moved - In recommendation (iii) delete all the words after “That” and substitute -
“the constituencies of Douglas East and Douglas West be combined to create a three seat constituency, and that the Electoral District of Onchan Parish be transferred into the constituency of Middle and Middle to become a two seat constituency.” Mr Quayle Amendment moved - In recommendation (v) after the words “That a mandatory review” insert the words “(conducted by an independent committee approved by Tynwald whose recommendations shall have legislative effect)”. Mr Karran
Para (a)(i) - Court divided. Para (a)(i) carried. Para (a)(ii) - Court divided. Para (a)(ii) lost. Mr Quayle’s amendment - Court divided. Amendment lost. Para (a)(iii) - Court divided.
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Para (a)(iii) lost. Para (a)(iv) - Court divided. Para (a)(iv) lost. Mr Karran’s amendment - Amendment carried. Para (a)(v) - Court divided. Para (a)(v) as amended lost. Para (a)(vi) - Court divided. Para (a)(vi) carried. Para (a)(vii) - Court divided. Para (a)(vii) carried. Para (a)(viii) - Court divided. Para (a)(viii) carried. Para (b) - Court divided. Para (b) carried. Court divided. Motion as amended carried.
13. Waste Management Strategy Report -
Motion made -
That Tynwald receives the Waste Management Strategy Report and approves its recommendations, as follows -
(a) Kerbside collection should, as a minimum, be introduced into the villages and towns, where the density of housing makes it practicable, with April 2008 as a target date;
(b) The full cost of £120 per tonne should be recognised although the effective waste charge should not exceed the operational cost of the Energy from Waste facility;
(c) The subsidy for commercial waste should be fixed at 40% of the full cost of £120 per tonne for five years with an effective charge of £72 per tonne. The subsidy for domestic waste should be set at 80% of the full cost of £120 per tonne for 2006/7 and 75% for 2007/8 and until such time as the application of the ‘user pays principle’ has been further clarified. The effective cost per tonne will be £24 and £30 respectively;
(d) Tynwald endorses the principle that all Local Authorities contribute to a regional Civic Amenity Site and that all residents have equal access to any Civic Amenity Site on the Island; and
(e) The Council of Ministers, as a matter of urgency and ahead of the review of the scope and structure of Government, should seek to
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remove the operational elements of the Waste Management function from the Department of Local Government and the Environment and establish the new function elsewhere within Government on the principles of partnership and openness. Mr Rimington Amendment moved - Add at the end:
“and that recommendation (c) be referred to the Standing Committee on Expenditure and Public Accounts to evaluate and advise on the financial formula and proposals as set out, and the actual financial implications of such a policy in relation to Local Authorities, to Ratepayers and to the Business sector, and to report to Tynwald by June 2006.” Mr Speaker Para (a) - Court divided. Para (a) carried. Para (b) - Court divided. Para (b) carried. Para (c) - Court divided. Para (c) lost. Para (d) - Court divided. Para (d) carried. Para (e) - Para (e) lost. Mr Speaker’s amendment was not put to the vote, as paragraph (c) was lost.
Court divided. Motion as amended lost.
Personal Statement
Mr Gelling made a personal statement on trespass legislation.
16. Financial Supervision Act 1988 -
Motion made -
That the Financial Supervision (Authorised Persons) (Custodians of Experienced Investor Funds) Regulations 2005 be approved. [SD No 884/05] Mr Bell Motion carried.
17. Hydrocarbon Oil Duties Act 1986 -
Motion made -
That the Excise Duties Order 2005 be approved. [SD No 879/05]
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Mr Bell Motion carried.
18. Value Added Tax Act 1996 -
Motion made -
That the Value Added Tax (Gaming Machines) Order 2005 be approved. [SD No 880/05] Mr Bell Motion carried.
19. Beef Cow (Amendment) Scheme 2005 -
Motion made -
That the Beef Cow (Amendment) Scheme 2005 be approved. [GC No 49/05] Mr Gawne Motion carried.
20. Inland Fisheries Act 1976 -
Motion made -
That the Inland Fisheries (Duties) Regulations 2005 be approved. [SD No 890/05] Mr Gawne Motion carried.
21. Social Security Act 2000 -
Motion made -
That the Social Security Legislation (Application) (No. 12) Order 2005 be approved. [SD No 866/05] Mr Rodan Motion carried.
22. Medicines Act 2003 -
Motion made -
That the Medicines (Advertising) Regulations 2005 be approved. [SD No 294/05] Mrs Craine Motion carried.
23-27 Medicines Act 2003 -
Motions made -
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23. That the Medicines for Human Use Regulations 2005 be approved. [SD No 9/05]
24. That the Medicines (General Sales List) Regulations 2005 be approved. [SD No 10/05]
25. That the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 2005 be approved. [SD No 12/05]
26. That the Medicines (Pharmacy and General Sale – Exemption) Regulations 2005 be approved. [SD No 13/05]
27. That the Prescription Only Medicines (Human Use) Regulations 2005 be approved. [SD No 11/05] Mrs Craine Item 23 - Motion carried. Item 24 - Motion carried. Item 25 - Motion carried. Item 26 - Motion carried. Item 27 - Motion carried.
28. Referendum on the Change of Title of the Lieutenant Governor -
Motion made -
That in accordance with section 1 of the Referendum Act 1979 a referendum be held on the same date as the forthcoming General Election to the House of Keys on the question whether the title of the Lieutenant-Governor should be changed to ‘Crown Commissioner’, or its Manx equivalent. Mr Cannan Amendment moved - Delete the words after “That” and substitute:
“Tynwald, being conscious of public concerns regarding the proposed change of title, and being aware that the Standing Committee on Constitutional Matters has under consideration a number of matters raised by the UK Department of Constitutional Affairs relating to the proposed change of the Lieutenant Governor’s title, requests the Committee to consider the said matters raised and to also undertake meaningful consultation with the public to ascertain the views of the public and to report further to the Court as soon as possible.” Mr Speaker Court divided. Amendment carried. Court divided. Motion as amended carried.
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29. Manx Electricity Authority -
Motion made -
That this honourable Court -
a. recognises -
(i) the wide-spread public concern over the quality of the financial management and lack of sufficient parliamentary scrutiny of a number of Government capital projects and their revenue implications, and
(ii) the continued public concern over the financial management of the MEA and that the public does not have confidence in the Select Committee of Tynwald appointed in 2005 to adequately investigate this matter, and
(iii) is of the opinion that, in order to regain public confidence, the whole facts and reasons why this scandal was allowed to happen need to be revealed;
b. resolves that a Commission of Inquiry be appointed by His Excellency the Lieutenant Governor pursuant to section 1 of the Inquiries (Evidence) Act 2003 to -
(i) establish the true and correct position with regard to the Authority’s full financial position and the responsibilities of the Government, in particular Treasury and the Department of Trade and Industry, in respect of the MEA affair; and
(ii) make any recommendations to improve the systems of Government to prevent any future similar scandals; and
c. further resolves that the powers conferred by the Inquiries (Evidence) Act 2003 shall be exercisable by such Commission of Inquiry. Mr Karran Court divided. Motion lost.
The Court rose at 9.33 pm.
The Hon Noel Quayle Cringle President of Tynwald
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