L E G I S L A T I V E C O U N C I L O F F I C I A L R E P O R T R E C O R T Y S O I K O I L Y C H O O N C E I L S L A T T Y S S A G H P R O C E E D I N G S D A A L T Y N HANSARD Douglas, Tuesday, 25th June 2013 All published Official Reports can be found on the Tynwald website www.tynwald.org.im/Official Papers/Hansards/Please select a year: Reports, maps and other documents referred to in the course of debates may be consulted on application to the Tynwald Library or the Clerk of Tynwald’s Office. Supplementary material subsequently made available following Questions for Oral Answer is published separately on the Tynwald website, www.tynwald.org.im/Official Papers/Hansards/Hansard Appendix Volume 130, No. 22 ISSN 1742-2272 Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. © Court of Tynwald, 2013 LEGISLATIVE COUNCIL, TUESDAY, 25th JUNE 2013 Present: The President of Tynwald (Hon. C M Christian) The Lord Bishop of Sodor and Man (The Rt Rev. R M E Paterson), The Acting Attorney General (Mr J Quinn), Mr R P Braidwood, Mr D M W Butt, Mr M R Coleman, Mr C G Corkish MBE, Mr E A Crowe, Mr A F Downie OBE, Mr J R Turner and Mr T P Wild with Mr J D C King, Clerk of the Council. Business Transacted Page Tribute to Dr Edgar Mann, former Tynwald Member ............................................................... 415 Order of the Day 1. Summary Jurisdiction and Miscellaneous Amendments Bill 2013 – Second Reading approved .................................................................................................. 416 Summary Jurisdiction and Miscellaneous Amendments Bill 2013 – Clauses considered ............................................................................................................. 417 Summary Jurisdiction and Miscellaneous Amendments Bill 2013 – Standing Order 4.3(2) suspended to take Third Reading ...................................................... 424 Summary Jurisdiction and Miscellaneous Amendments Bill 2013 – Third Reading approved ..................................................................................................... 426 _________________________________________________________________ 414 C130 LEGISLATIVE COUNCIL, TUESDAY, 25th JUNE 2013 Legislative Council The Council met at 10.30 a.m. [MADAM PRESIDENT in the Chair] The President: Moghrey mie, Hon. Members. Members: Moghrey mie, Madam President. 5 The President: The Lord Bishop will lead us in prayer. PRAYERS The Lord Bishop 10 Tribute to Dr Edgar Mann, former Tynwald Member 15 The President: Hon. Members, you will be aware that the death of our former colleague, Dr Edgar Mann, occurred a few days ago. Dr Mann served in both the House of Keys and the Legislative Council for some 23 years. From his position as a GP in Laxey, he first entered public service as a Commissioner in the 20 village before standing successfully for the House of Keys in 1976. In his early years, displaying a sharp intellect and an analytical mind, he rapidly earned the confidence of his peers and moved into leading roles in Tynwald, becoming Chairman of the Department of Agriculture and Fisheries and the Finance Board. It was as Chairman of the latter Board that he made what I consider was a crucial contribution to the fortunes of this Island when 25 dealing with the crisis of the SIB collapse. The Finance Board, under his leadership, set about establishing the Financial Supervision Commission. He became its first Chairman in 1983, thus setting in place the beginnings of the regulatory regime to restore the Island’s credibility and set down the foundations which led to the growth of the finance sector, which is and has been such an important part of our economy. 30 Elected first from the other place to this Council in 1985, it was as a Council Member that he led the Government in 1985 and 1986 as Chairman of Executive Council, the cabinet of the day. With ministerial Government due to commence after the Election of 1986, he determined to resign from Council and seek a mandate from the people with a view to continuing his leadership. He contested the election in Garff, which has been reduced from two seats to one – a decision 35 which saw two major political figures of the day, the Chairman of Executive and the Speaker of the House of Keys, fighting for the support of the Garff electorate to fill the now single seat. Dr Mann was unsuccessful and his political talents were lost to the Court for four years until a by-election in Garff saw him returned again to the House of Keys for another period of five years. During that time he became the Acting Speaker of the House. 40 His political career followed a somewhat unusual pattern in that he returned, yet again, to the Legislative Council in 1995 and in the ensuing years was a leading member of the Alternative Policy Group, which was the first cohesive opposition group in Tynwald in the last half century, challenging the Government and paving the way perhaps to the increased levels of scrutiny which we have through our Standing Committees today. 45 However, neither his membership of the Legislative Council, nor membership of the APG acted against his appointment as Minister for Education for a period of three years. He was a man of strong conviction. His contribution to debates commanded the ear of his colleagues and his high-calibre work in the Court was recognised in his frequent selection as a Member of Tynwald Committees. _________________________________________________________________ 415 C130 LEGISLATIVE COUNCIL, TUESDAY, 25th JUNE 2013 50 Although suffering a severe stroke during the early 1980s, which caused him to give up his GP practice, his tenacity and perseverance in the face of this blow saw him continue effectively in his political role until his retirement in 2003. Edgar Mann was one of the most significant players on the Manx political scene in the last 50 years. His entry in the Tynwald Companion and in Hansard stand testament to that. I will be 55 making further reference in Tywnald, Hon. Members, but I invite you, as we extend our condolences to his widow and family, to stand for a few moments of silent contemplation on the contribution of Dr Edgar Mann to this Council and Tynwald Court. Members stood in silence. 60 The President: Thank you, Hon. Members. 65 Order of the Day Summary Jurisdiction and Miscellaneous Amendments Bill 2013 Second Reading approved 70 1. Mr Downie to move: That the Summary Jurisdiction and Miscellaneous Amendments Bill 2013 be read a second time. 75 The President: We come now to the Second Reading of the Summary Jurisdiction and Miscellaneous Amendments Bill 2013. I call on Mr Downie to move. Mr Downie: Thank you, Madam President. 80 Before I move the clauses stage of this Bill and for the benefit of Hon. Members, I have today in the Chamber from the Home Affairs Department, Mr Tom Bateman and from the Registry and Courts Division, Mr Martin Blackburn, and both will be able to deal with any technical issues that may arise during the passage of the Bill. Madam President, with your approval, I intend to split the clauses, as I have indicated to you 85 previously. That is to say: part 1, clauses 1 to 3; part 2 will subdivide, clauses 5 and 6, clause 7, clause 8, and clauses 4 and 9, because they are linked, it did cause some confusion in the other place, but that is the way the drafter has put things together; and then finally, part 3, clauses 10 to 13. To commence with the clauses stage of the Bill then, Hon. Members… (Interjections) 90 The Clerk: It has to pass a Second Reading. The President: The Second Reading. 95 Mr Downie: The Second Reading. Right. Just let me… I had previously outlined that the Summary Jurisdiction and Miscellaneous Amendments Bill 2013 will streamline the fines collection process and improve certain court processes. The primary objectives of the Bill are: to provide for attachment of earnings orders; applications for reductions from benefit orders; plea before venue provisions; creation of a fines 100 register etc; extension of banning orders for drink-related offences; removal of need for judge of appeal to be an English barrister and a Queen’s Counsel; permitting the First Deemster to act in the absence of the Second Deemster; removing the need for a court to order the forfeiture of a mobile phone used while driving; and other minor amendments. The benefits arising from this Bill are as follows. The so-called ‘plea before venue’ clauses aim 105 to reduce unnecessary appearances in court and reduce the preparation time for uncontested cases. The Bill will allow attachment of earnings orders to be made at the time the original sentence is handed down and will allow a court to vary, suspend or revoke an order or application or substitute an alternative sentence or method of enforcement. It will be more efficient and encourage effective use of courts’ resources. _________________________________________________________________ 416 C130 LEGISLATIVE COUNCIL, TUESDAY, 25th JUNE 2013 110 The Bill will enable a criminal court to order payment of fines and other criminal financial penalties by a deduction from defined Social Security benefits, including, but not limited to Income Support. The Bill provides for a Fines, etc Register, which will allow details of the fines defaulters to be published and make this information available to credit reference agencies, thus encouraging 115 people to meet their financial obligations. The Bill removes a requirement for the judge of appeal to be an English barrister and Queen’s Counsel.