PP24/11 TYNWALD MEMBERSHIP PENSION SCHEME MANAGEMENT COMMITTEE REPORT FOR THE SESSION 2010-2011 REPORT NO. 1 M/P/03/ml REPORT OF THE TYNWALD MEMBERSHIP PENSION SCHEME MANAGEMENT COMMITTEE FOR THE SESSION 2010-11 His Honour D C Doyle First Deemster and Clerk of the Rolls (Chairman) The Hon N Q Cringle MLC President of Tynwald The Hon S C Rodan SHK Speaker of the House of Keys Hon J A Brown MHK Chief Minister Hon Mrs A V Craine MHK Minister for the Treasury The Committee is constituted under Clause P4 of the Tynwald Membership Pension Scheme 1995 to undertake management of the Scheme. Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas IM1 3PW (Tel 01624 685516, Fax 01624 685522) 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, Isle of Man IM1 3PW. 2 M/P/03/ml REPORT OF THE TYNWALD MEMBERSHIP PENSION SCHEME MANAGEMENT COMMITTEE TO TYNWALD FOR THE SESSION 2010-2011 To: The Honourable Noel Q Cringle, President of Tynwald, and the Honourable Members of the Council and Keys in Tynwald assembled. 1. The Tynwald Membership Pension Scheme Management Committee is constituted under Clause P4 of the Tynwald Members’ Scheme 1995 to undertake the management of the Scheme, as follows:1 “Administration P4. - (1) The functions of this scheme unless otherwise stated will be undertaken by a Management Committee consisting of the First Deemster as Chairman, the Speaker of the House of Keys, the President of Tynwald, the Chief Minister and the Minister for the Treasury. (2) The Clerk of Tynwald shall be Secretary to the Management Committee. (3) The scheme shall be administered, under the direction of the Management Committee, by such person or body, and on such terms 1 The version of Clause P4 quoted here is that approved in principle by the Branches in January 2009 and by Tynwald Court in October 2009 3 M/P/03/ml and conditions (including those as to delegation of functions) as the Management Committee may authorise. (4) Any expenditure incurred under the provisions of the Scheme shall be defrayed out of money provided by Tynwald.” We are also charged with administering the previous Scheme (known as the 1985 Scheme), as set out in Schedule 1 of the 1995 Scheme. 2. We are responsible for the day-to-day management of the 1985 and 1995 Tynwald Members’ Pension Schemes with matters of policy being within the remit of the Standing Committee of Tynwald on Emoluments. 3. During this Parliamentary session, we have ensured that all Members of Tynwald will receive an Annual Benefit Statement in order to make certain that Members of Tynwald are all aware of their individual entitlement within the Scheme. 4. The year 2010 saw elections for four members of the Legislative Council due to retire or be re-elected by rotation. One Member of the Legislative Council retired by rotation and our arrangements for informing Members about their pension rights and any commencement of pensions being payable proved to work efficiently. 5. Minor amendments have been made to the Explanatory Notes on the Provisions of the Scheme to ensure further clarity and understanding. 6. We have also reviewed the membership of the Committee. Careful consideration has been given, in particular, to the position of the First Deemster as Chairman of the Committee. 4 M/P/03/ml 7. Formerly, the First Deemster was an ex officio Member of the Legislative Council. However, in order to extend the authority of the democratically elected House and to provide for a genuine separation of the legislature and the judiciary, this position was replaced by a Member elected by the House of Keys by the Isle of Man Constitution (Amendment) Act 1975. 8. The Tynwald Members’ Pension Scheme was first introduced in 1976 (approved in April but backdated to 1st January 1976). This scheme set up the Committee as follows: “Management 12. There shall be a management Committee appointed to undertake the management functions of the Scheme, and the members thereof shall be the First Deemster as Chairman, the Speaker of the House of Keys, the Chairman of Executive Council, the Chairman of the Finance Board and one other member of Tynwald elected by Tynwald, provided that, if all the ex officio members save for the First Deemster be members of the House of Keys, such latter member shall be from the Legislative Council.” 9. The Tynwald Membership Pension Scheme 1976 was debated by both the House of Keys and the Legislative Council in private. It was debated subsequently (and approved) in public in Tynwald on 13th April 1976 but debate centred on whether or not there should be a pension. There was no specific comment about the constitution of the pension management committee. As much of the debate was held in private there is no clear record as to why the Deemster was appointed as a member of the Committee or made its Chairman. 5 M/P/03/ml 10. Since the establishment of the Committee the principle of separation of the judicial and parliamentary functions has become more important. It is no longer appropriate for the First Deemster to remain a member and Chairman of the Committee. We note that any legal dispute related to Members’ pensions would leave the First Deemster (if he remained involved as a member and Chairman of the Committee) in a situation where he may be unable to hear the case or any appeal relating to it. We conclude that the First Deemster should no longer be a member of this Committee. 11. The Committee has considered who should be Chairman of the Committee. We recommend that the Chairman of the Committee should be the President of Tynwald and the Vice Chairman should be the Speaker of the House of Keys. The other members of the Committee remain as the Chief Minister and Treasury Minister. 12. In order to give effect to our conclusion we recommend: That the following amendment be made to Clause P4 (1) of the Tynwald Members’ Pension Scheme 1995: Delete “First Deemster as chairman,” to the end of paragraph (1) and insert “President of Tynwald, who shall be Chairman, the Speaker of the House of Keys, who shall be Vice Chairman, the Chief Minister and the Minister for the Treasury.” 6 M/P/03/ml 13. The Standing Committee of Tynwald on Emoluments has been informed of our recommendation. D C Doyle (Chairman) N Q Cringle S C Rodan J A Brown Mrs A V Craine March 2011 7 M/P/03/ml Parliamentary Copyright available from: The Tynwald Library Legislative Buildings DOUGLAS Isle of Man IM1 3PW British Isles March 2011 Tel: 01624 685520 Fax: 01624 685522 e-mail [email protected] Price: £1.70 M/P/03/ml .