Printed (by Authority) by CORRIE Ltd., 48 Bucks Road, Douglas, Isle of Man REPORT OF PROCEEDINGS OF TYNWALD COURT Douglas, Tuesday, 14th December 1999 at 10.30 a.m. Present: Congratulations on Actions to The President of Tynwald (the Hon Sir Charles Eradicate Drugs Kerruish OBE LLD (hc) CP). In the Council: The Lord Bishop (the Rt Rev Noöl Debroy Jones), The President: Now, hon. members, before turning to the Attorney-General (Mr W J H Corlett QC), our order paper I should like to take the opportunity to Hon C M Christian, Messrs EA Crowe, D F K Delaney, extend on behalf of the Court congratulations to the Chief J.R Kniveton, E G Lowey, Dr E J Mann, Messrs Minister, his Council and the Minister for Home Affairs J N Radcliffe and G H Waft, with Mr T A Bawden, Clerk and his agency, the police, on their recent positive actions of the Council. designed to eradicate the cancer of drugs which, if unchallenged, could destroy the social fabric of this In the Keys: The Speaker (the Hon N Q Cringle) community. (Rushen); Mr L I Singer and Hon A R Bell (Ramsey); Mr R E Quine OBE (Ayre);MrJ D Q Cannan (Michael); Mrs H Hannan (Peel); Hon V/ A Gilbey (Glenfaba); Hon S C Rodan (Garff); Hon D North (Middle); Bills for Signature Mr P Karran, Hon R K Corkill and Mr G T Cannell (Onchan); Messrs J R Houghton and R W Henderson The Pr.esident: Hon. members, tuming now to our order paper, we have three signature (Douglas North); Hon D C Cretney and Mr A C Duggan Bills for and if you are agreeable we will continue our business while they are (Douglas South); Mr R P Braidwood and Mrs B J Cannell (Douglas East); Hon A F Downie (Douglas West); being signed. Is that agreed? Hon J A Brown (Castletown); Hon D J Gelling (Malew Members: Agreed. and Santon); Sir Miles Walker CBE LLD (hc) and Mrs P M Crowe (Rushen); with Prof T Sù N Bates, Clerk of Tynwald. Papers Laid before the Court The President: I call upon the learned Clerk to lay The Lord Bishop took the prayers. papers. Welcome to Visitors The Clerk: I lay before the Court: Merchant Shipping (Miscellaneous Provisions) Act The President: Hon. members, I should like to take 1996 - the opponunity of welcoming the children of St Mary's, Merchant Shipping (Fees) Regulations 1999 along with staff, toTynwald this morning. You have already ISD No 662/99] heard of our procedures. I hope you enjoy the experience of being here this morning and perhaps some day some of Government Departments Act 1987 - your membership may sit here to conduct the affairs of the Transfer of Functions (Medicines Etc.) Order I 999 Island. I wish you well. ISD No 582/99] Members: Hear, hear, Social Security Act 1982 - Social Security Administration Act 1992 (Application) (Amendment) (No.3) Order 1999 ISD No 557/99] Apologies forAbsence Social Security Contributions and BenefirsAct 1992 (Application) (Amendment) (No.3) Order 1999 The President: Hon. members, we have apologies for ISD No 558/99] absence this morning from the hon. member for Douglas Social Security Legislation (Application) (No. l5) lty'est, Mr Shimmin, who is attending a family funeral. Order 1999 ISD No 559/99] 'Welcome to Visitors Apologies forAbsence Congratulations on Actions to Eradicate Drugs Bills for Signature Papers Laid before the Court T220 TYNWALD COURT, TUESDAY, 14th DECEMBER 1999 Soci al Security Legi slation (Application) (No. 1 6) Reports - Order 1999 ISD No 560/99] be approved' Report of the Isle of Man Delegation to the Islands Commission of the Conference of Peripheral Pension Schemes Act 1995 - Maritime Regions of Europe 1999 Pension Schemes Legislation (Application) (No.5) Order 1999 ISD No 561/99] European Communities - European Communities instruments circulated Department of Health and Social Security - during October 1999 IGC No 50/99] TV Licence (Refunds) Scheme 1990 (Amendment) Scheme 1999 IGC No 42/99] Code of Conduct (Business Taxation) Report (Isle Man) Act 1948 - National Health Service of Question by Mr Cannan National Health Service (Isle of Man) (General - Services) Medical and Pharmaceutical The President: We now turn, hon. members, to the (Amendment) Regulations 1999 [SD No 619/99] question paper and I call upon the hon. member for Michael, Mr Cannan, to ask the question standing in his Gaming (AmendmenÐ Act 1984 - name. Controlled Machines (Prescribed Amounts) Regulations 1999 ISD No 621/99] Mr Cannan: Mr President, I ask the Chief Minister: Fire Precautions Act 1975 At the meeting on l}th - IIth December 1999 of the Fire Precautions (Fixed Firefighting Systems) European Summit (Heads of Government) at Helsinki - Regulations 1999 ISD No 666/99] (1) what was the response to the Code of Conduct EstateAgents Act 1975 - (BusinessTizxation) Report by the Primnrolo Group; Estate Agents (Amendment) Rules 1999 and ISD No 670/99] (2) were any other møtters díscussed or decisions taken Sea-Fisheries Act 1971 - that will either now or in the future, have a direct Sea-Fisheries (Scallop Season) (Amendment) Bye- or indirect ffict onthe economy of the Isle of Man? Laws 1999 ISD No 64]/991 Sea-Fisheries (Scallop Fishing) (Amendment) Bye- The President: The Chief Minister to reply. Laws 1999 ISD No669/99] Mr Gelling: Mr President, the second part of the Animal Health Act 1996 - question is excessively broad, I would suggest, and the Cattle Passports (Amendment) Order 1999 range of issues discussed at the European Council Meeting ISD No 671/99] in Helsinki held on the 10th and llth of December was Marking and Cattle Records (Amendment) Order very wide and I would again say general, so that some of 1999 ISD No 672/99] what flows from that meeting will inevitably have indirect implications for the economy of the Isle of Man. For Department of Agriculture, Fisheries and Forestry - instance, at Helsinki they looked ahead to the enlargement Farm and Horticultural Improvement Scheme 1999 of the Union, to the institutional reforms necessary to IGC No 51/99] accommodate that enlargement and to the creation of 'a competitive job-generating sustainable economy'. What Reports - the indirect economic implications for the Island flowing First report of the Tynwald Standing Orders from all of that will be is impossible to say at this stage, Committee for the parliamentary year 199912000 but no doubt there will be some implications. Now, as regards the first part of the question, it is our National Health Service (Isle of Man) Act 1948 - understanding that there was little, if any, discussion on National Health Service (Isle of Man) (Appointment the code of conduct group report which remains on ice of Consultants) Regulations 1999 ISD No 683/99] because of the lack of agreement on a separate but related tax measure, sir. Criminal Justice Act 1999 - Anti-Money Laundering (Amendment) Code 1999 The President: A supplementary, hon. member? ISD No 702/99] Mr Cannan: I thank the Chief Minister for his reply, Appointed Day Orders - but I ask him, has he received a copy of the final report of Limited Liability Companies and Financial the Code of Conduct (Business Taxation) Report by the Supervision (AmendmenÐ Act 1999 (Appointed Primarolo Group, and if so, will he provide members with Day) Order 1999 ISD No 585/99] a copy? Or if he has not had a copy of the final report, why Code of Conduct (Business Taxation) Report - Question by Mr Cannan TYNWALD COURT, TUESDA 14th DECEMBER I999 T221 is the United Kingdom Government withholding a copy Mr Gelling: Mr President, when a minister will from the Manx Govemment when the implications in the obviously have a long-held or publicly stated difference report would have action within the finance business of of opinion, that is noted and in the Council of Ministers the Isle of Man? we are aware of that minister's position and obviously are aware that they may not support the resolution that is before Mr Gelling: Yes, Mr President, ECOFIN will be the Court or the Keys, sir. meeting again in February and evidently they will at that Chief Minister inform the Court, time bgconsidering whether to publish the code of conduct Mr Lowey: Would the President, with your group report and how it should be implemented, but as yet and I will give an illustration, Mr permission, the Shops Act, that was a govemment measure, we have not a copy officially, sir. a government minister voted against, was he made aware minister was voting against, before he voted Mr Cannan: In respect of the withholding tax, which that that against and is there any case where the Chief Minister feels atter for debate and discussion at the Heads have the right to vote without impinging against ng in Helsinki, in the event of the United ministers govemment and perhaps he could give an illustration ally agreeing to the introduction of a the in his last two years where that has happened? x what contingency plans do you have when formally request that the Isle of Man the United Kingdom Mr Gelling: Mr President,there have been of course conform to the European Union request for the introduction occasions when ministers have voted against what would their dependencies? of a withholding tax in have been termed government policy because of the long- held and public view that they have previously stated. The President: I regard this question as being so The hon. member of Council, MrLowey, has illustrated hypothetical that it is incapable of being answered by the the Shops Act. Well, of course this emanates from the hon.