REPORT OF PROCEEDINGS OF HOUSE OF KEYS Douglas, Tuesday, October 23, 1979, at 10.30 a.m. Present: The Acting-Speaker, Mr. E. C. before the House is the Governor's General Irving, Messrs. R. J. G. Anderson, W. K. Functions (Transfer) Bill for consideration Quirk, J. J. Radcliffe, P. Radcliffe, J. N. of Council amendments. I call upon the Radcliffe, Dr. E. J. Mann, Messrs, A. A. hon. member for West Douglas, Mr. Ker- Catlin, R. L. Watterson, J. R. Greer, E. G. meen. Lowey, M. R. Walker, N. Q. Cringle, Mrs. E. C. Quayle, Messrs. G. A. Quinney, M.B.E., Mr. Kermeen: Mr. Acting-Speaker, I beg E. M. Ward, B.E.M., P. A. Craine, D. F. K. to move that the House approves the Coun- Delaney, Mrs B. Q. Hanson, Mr. T. E. cil amendments. Will you accept, sir, that Kermeen, I.S.O., Dr. D. L. Moore, M.A., my references are to the reprinted Bill con- Ph.D., Messrs. J. J. Christian, G. C. Swales, taining the Keys' amendments. The first with Mr: R. B. M. Quayle, Secretary of the amendment is simply a textual amendment. House. The second restores the original text of the Bill as introduced by me in the House. Mr. COURT OF UNIVERSITY OF Acting-Speaker, you will recollect that the LANCASTER — MR. DELANEY hon. member for Rushen, Mr. Cringle, APPOINTED MEMBER moved an amendment at the clause stage on the 30th January last in this House. Han- The Acting-Speaker: Hon. members, the sard records the debate at page K287 first business before the House is the when Mr. Cringle's amendment was carried appointment of one member to the Court of by 15 votes to five. My contention at that the University of Lancaster. I call for nomi- time has met with the agreement of the nations, please. Legislative Council. The learned Attorney- General explained the point succinctly to Mr. Kermeen: I nominate the hon. Council on the 22nd May and with your member for East Douglas, Mr. Delaney. permission, Mr. Acting-Speaker, and that of the House, may I quote it. He said, " . Mr. Lowey: I would like to second that obviously, it would be improper there to nomination, sir. have the Board in two places although in The Acting-Speaker: Are there any the rest of this Act we have substituted the further nominations? Then Mr. Delaney has Board of Social Security in place of the been appointed a member of the Court of Governor, so we are putting there, as the the University of Lancaster. approving authority, the Finance Board in- stead of the Board of Social Security, so it GOVERNOR'S GENERAL FUNCTIONS would be 'such amounts as the Board', that (TRANSFER) BILL — COUNCIL is the Board of Social Security, 'may, with AMENDMENTS AGREED. the approval of the Finance Board . ' It is a very minor point really but it is just The Acting-Speaker: The next business to clarify the situation or the Board of Social Court of University of Lancaster—Mr. Delaney Appointed Member. —Governor's General Functions (Transfer) Bill—Council Amendments Agreed. K4 HOUSE OF KEYS, OCTOBER 23, 1979 Security would be in there twice." Schedule trust that these issues are now resolved and 2 or the Second Schedule, the hon. the contents of this important Bill agreed member had a certain view on this. The by both Branches can now proceed for learned Attorney-General and the Council signature and Royal Assent. I so move. favoured the first alternative and that is now the term used in designating the numbering Mr. P. Radcliffe: I beg to second and of Schedules. Now, paragraph 148 of the reserve my remarks. Bill — financial assistance to the Isle of Man Residential Homes Association pro- Mr. Cringle: Mr. Acting-Speaker, I just vided by Tynwald. Again I opposed the hon. want to briefly comment on this as I was member, Mr. Cringle, and the contending responsible in some respect for the original views appear clearly in the record along amendments but the point I was trying to with the support accorded Mr. Cringle by make, and to some extent still feel, is that this House — 13 votes to seven. The the Board of Social Security, in fact, have Council preferred the original text and it is been making certain grants to other private helpful here again to read the learned homes on the grounds, of course, that it is Attorney-General's op'nion. "The next one is better for us to keep them there than it to entry 148:— 'For entry 148, as originally would be if we were to take them into our numbered, substitute — In section 11(a) own homes, and, working on those grounds, for "the Governor", where first occurring, we felt there was, possibly, justification for substitute "Tynwald"; and (b) for "Gover- ease of management but, basically, I do not nor" (except where first occurring) substi- think it will make a lot difference. tute "Board".' This is the Isle of Man Residential Homes Association Act of The Acting-Speaker: Does any other hon. 1948 and that is a similar point, a technical member wish to speak? If not I will put the point again. In section 11 it reads. 'Should question which is that the House accepts Tynwald provide any financial assistance the Council's amendments to the towards the funds of the Association, the Governor's General Functions (Transfer) Governor may make it a condition' and our Bill. All those in favour please say aye; view is that if Tynwald decides to provide against, no. The ayes have it. financial assistance, Tynwald should make the conditions and so the amendment is to insert 'Tynwald' in place of the Governor in this part of the Act. The House of Keys has, ADMINISTRATION OF JUSTICE BILL in fact, inserted the Board of Social Secu- —THIRD READING APPROVED. rity as making the conditions but it is felt that Tynwald is the correct description The Acting-Speaker: The next business there." Paragraph 289 relates to an admini- before the House is the third reading of the strative matter concerning the Joint Elec- Administration of Justice Bill and I call upon tricity Authority. The provisions regarding the hon. member for Glenfaba, Mr. Ander- subsection (2) which it is proposed to son. delete have been overtaken by the forth- coming amending legislation about this Mr. Anderson: Mr. Acting-Speaker, it is body and are no longer required to be with some considerable regret that I note amended. Finally, paragraph 304, amending that the original Bill was printed and the Education Act. The effect of the Coun- brought before this hon. House in Novem- cil's amendment which came up on the third ber 1977. It has taken a long time to find reading in the Council is set out in a memo- its way to the floor of the House for its randum circulated by the learned Attorney- third reading and you will well remember General. It was confined to Council mem- that I did press hon. members at the last bers and not repeated in public debate. I sitting of this hon. House to have the third Administration of Justice Bill—Third Reading Approved. HOUSE OF KEYS, OCTOBER 23, 1979 K5 reading at that time because I was aware will expedite the work of the courts in deal- that there were certain aspects of the Bill ing with those problems. But what I am which were essential for the justice work to even more concerned about are the single be done in certain sections of the com- parent families where there are difficulties munity in relation to matrimonial problems. in meeting commitments and this is the I do hope that when it is forwarded to main reason why I want to see this Bill another place it will receive speedy atten- expedited as quickly as possible and on tion and will quickly be on the Statute Book. the Statute Book because we are aware It will be remembered that when I brought that there are people who are suffering this Bill before hon. members there were grave injustice at the present time. The certain aspects of it that they did not like. attachment of earnings, which is one of the They did not like the aspect of the Bill main features of the Bill, I hope will indeed which was going to abolish the right of the make a great difference and even though High Bailiff to deal with fines which at that they pass from job to job, that that attach- time were restricted to £2 or £4, I think it ment of earnings could be on-going and was. Now the situation has been altered. that it will be a more effective way of deal- The Bill, as printed, was not accepted nor ing with the situation. We have discussed was it accepted that there would be a new it so much that I do not think there is any- office for the collection of debts but that the thing further I can say on the Bill, other office of the Clerk to the Magistrates would than to formally move the third reading. be the supervisory office using the existing machinery of the coroners and lockmen to Mr. Delaney: I beg to second and reserve do the work on, I hope, a new basis as far my remarks. as their expenses were concerned. Cer- tainly at the moment, even with revised Dr. Mann: Mr. Acting-Speaker, may I just amounts which they are allowed and are ask two points for clarification? I know this being paid, they are certainly still under- is very late, the course of this Bill, but I paid but I hope that this will bring it now think the House welcomes the report of the into a correct context.