Published by the Office of the Clerk of Tynwald, Legislative Buildings, Bucks Road, Douglas, Isle of Man. Printed by The Copy Shop Ltd., 48 Bucks Road, Douglas, Isle of Man. REPORT OF PROCEEDINGS OF THE HOUSE OF KEYS (LEGISLATION AND OTHER MATTERS) __________________ Douglas, Tuesday, 28th January 2003 at 10.00 a.m. __________________ Present: The Speaker (the Hon. J A Brown) (Castletown); Mr D M Anderson (Glenfaba); Hon. A R Bell and Mr L I Singer (Ramsey); Mr R E Quine OBE (Ayre); Mr J D Q Cannan (Michael); Mrs H Hannan (Peel); Hon. S C Rodan (Garff); Hon. R K Corkill and Mr A J Earnshaw (Onchan); Mr G M Quayle (Middle); Mr J R Houghton and Mr R W Henderson (Douglas North); Hon. D C Cretney and Mr A C Duggan (Douglas South); Hon. R P Braidwood and Mrs B J Cannell (Douglas East); Hon. A F Downie and Hon. J P Shimmin (Douglas West); Capt. A C Douglas (Malew and Santon); Hon. J Rimington, Mr Q B Gill and Hon. P M Crowe (Rushen); with Mr M Cornwell-Kelly, Secretary of the House. __________________ The Chaplain took the prayers. __________________ Items Considered Welcome to High Commissioner and First Secretary of Namibia K 206 Tribute to the Late Peter Alfred Craine, Former MHK K 206 Bills for First Reading K 206 Submarine Cables Bill – Clauses Considered K 206 Anti-Terrorism and Crime Bill – Consideration of Clauses Commenced K 210 Anti-Terrorism and Crime Bill – Consideration of Clauses Continued K 222 Leave of Absence Granted K 223 Anti-Terrorism and Crime Bill – Consideration of Clauses Concluded K 223 Standing Orders Committee – First Report 2002-3 Received – Recommendations Approved K 238 Electronic Voting in the Chamber – Standing Orders Committee – Report Received – Recommendation K 240 Approved HOUSE OF KEYS, TUESDAY, 28TH JANUARY 2003 Welcome to High Commissioner and First played a vital rôle in promoting and securing the Secretary of Namibia government’s purchase of the then privately owned Isle of Man Railway, which at that time was going The Speaker: Hon. members, it gives me pleasure through a most difficult stage in its history. There can to welcome the High Commissioner from Namibia, be no doubt that without his intervention in helping to Her Excellency Miss Nashandi and the First Secretary, persuade Tynwald to agree to the purchase of this Mr Josob. We hope you enjoy your time with us in the unique and much loved railway, which brings so much House this morning and that you enjoy your time in the pleasure to so many people, it would have been lost to Isle of Man, your Excellency. the Island for ever. The Isle of Man and this House was fortunate indeed to have had such a true Manxman Members: Hear, hear. willing to serve his town and his Island. __________________ Hon. members, on behalf of the House I extend our condolences to June and the family at their sad loss, a loss that we all share. Tribute to the Late Peter Alfred Craine, Hon. members, let us now stand for a moment in Former MHK remembrance and in honour of a friend and former member of the House of Keys, Manninagh Dooie, The Speaker: Now, hon. members, as hon. Mr Peter Alfred Craine. members are aware, former member of the House of Keys Mr Peter Alfred Craine passed away on 5th The House stood in silence. January 2003. Peter was a member of the House of Keys from 1976 to 1981 and represented the The Speaker: Thank you, hon. members. constituency of Douglas South. Peter Craine was born in Douglas on Questions were taken at this point and concluded 30th November 1931 and he lived and was educated in at 11.14 a.m. They are published separately. Douglas, attending Douglas High School for Boys. He __________________ married his wife June in 1953 and they had two children, Diane and David, and four grandchildren. Bills for First Reading During his time as a member of the House, Peter Craine served as Chairman of the Assessment Board The Speaker: Hon. members, now we go on to and the Sea Fisheries Advisory Committee. He also item 3 on the order paper, Bills for first reading and I served as a member of the following boards of call on the Secretary to the House. Tynwald: Agriculture and Fisheries, and Forestry, Mines and Lands, and he was vice-chairman of the Secretary: Mr Speaker, there are four Bills for Manx Electric Railway Board. Peter Craine was also first reading. They are the Inquiries (Evidence) Bill appointed a member of Tynwald’s Unemployment introduced by the hon. member for Onchan, Committee during 1980-1981, this being a time when Mr Corkill; the Fireworks Bill introduced by the hon. the Island was starting to experience high member for Douglas West, Mr Downie; the European unemployment. Communities (Amendment) Bill introduced by the At the 1981 House of Keys general election he hon. member for Onchan, Mr Corkill; and the Litter was unsuccessful in being re-elected. However, his (Amendment) Bill introduced by the hon. member for interest in public life meant that it was not long before Ramsey, Mr Singer. he returned to politics, being elected to serve as a __________________ councillor on the Douglas Corporation from 1985 until 1992, when he decided to retire from politics. In 1991 he was elected to be Mayor of Douglas and with his Submarine Cables Bill – wife June they represented their town honourably and Clauses Considered with much pride. Peter Craine had a number of interests. He was a The Speaker: Hon. members, we now go on to member of the Manx Museum and National Trust. He item 4 on the order paper, Bills for consideration of was a founder member and past president of the Heavy clauses, and I call on the hon. member for Douglas Horse Society and vice-chairman and director of the West, Mr Shimmin – Submarine Cables Bill, clause 1, Isle of Man Home of Rest for Old Horses. As well as sir, and schedule 2. his love for horses his interests also covered singing, sailing, photography, railways, ornithology, philately Mr Shimmin: Thank you, Mr Speaker. The and rifle shooting. second reading of this Bill was taken in December. All Peter Craine was a true and proud Manxman and hon. members should have received explanatory notes he is the only person to date to be elected to the House and there were no questions addressed at the second of Keys as a Manx nationalist, standing in the 1976 reading stage, sir. general election as a member of Mec Vannin, the As means of reminder and introduction, the Manx nationalist party, and successfully gaining a seat Submarine Cables Bill is intended to fill a gap in Manx in Douglas South. As a member of the Keys he also law whereby there is currently no statutory K206 HOUSE OF KEYS, TUESDAY, 28TH JANUARY 2003 requirement to provide controls in respect of laying of to do so. Following this, the department is required to submarine cables within territorial waters. The give certain persons details of the authorisation and to legislative framework of the Bill is similar to that give public notice of it. applying to pipelines. Under the stewardship of the Subclause (3) enables the department to include DoT the Bill will strengthen the department’s ability to terms in an authorisation including terms relating to control activities and will achieve specified standards matters in schedule 2 which are as follows: its in Manx territorial waters. This would be instead of duration; who may carry out works under it; the route relying on the good will of owners and contractors of the cable; the limits within which works may be working voluntarily to establish good practice. The carried out; the design and capacity of the cable; what Bill and the regulations leading from it would require the cable may carry – electricity could be at a stated those proposing to lay a cable to apply to the voltage, or telecommunications; what is to be done to department to be granted an authorisation for such reduce interference with fishing et cetera; the removal works. This would require the applicant to provide of the cable on the termination of the authorisation; the information such as an environmental impact giving of a bond or guarantee to secure the assessment, survey data, project layout et cetera. In performance of the holder’s obligations; insurance spite of there being no financial implications to the against loss or damage caused by an escape of department in respect of the Bill, it does, however, electricity; transactions, for example leases or provide for regulations to be made to provide for assignments, relating to the cable which require the licence or inspection fees. department’s consent; restrictions on who may require Moving to clause 1, sir, along with schedules 1 interest in the cable, how and by whom the cable is to and 2, this prohibits the laying of a cable within be operated, information to be provided and directions territorial waters without an authorisation issued by the by the department. I beg to move clause 1 and DoT and provision is made for applications for schedules 1 and 2 stand part of the Bill, sir. authorisations to be issued. The authorisation mechanism is based on part 3 of the UK Petroleum Act The Speaker: Hon. member for Malew and 1998 which relates to submarine pipelines and applies Santon. to the Isle of Man. Schedule 1 sets out the procedure for granting Capt. Douglas: I beg to second that, Mr Speaker, authorisations.