Printed (by Authority) by Nelson Press Co. Ltd., St. George's Street, Douglas, Isle of Man REPORT OF PROCEEDINGS OF TYVAWALD COURT Douglas, Tuesday, October 13, 1981 at 10.30 a.m. Present: The Governor (Rear Admiral Sir Nigel Cecil, K.B.E., C.B.). In the Council: The President of the Council (the Hon. J. C. Nivison, C.B.E.), the Lord Bishop (the Rt. Rev. Vernon Nicholls), the Attorney-General (Mr. T. W. Cain), Messrs. G. T. Crellin, R. E. S. Kerruish, G. V. H. Kneale, R. MacDonald, W. A. Moore, A. H. Simcocks, M.B.E., with Mr. T. A. Bawden, Clerk of the Council. In the Keys: The Speaker (the Hon. Sir Charles Kerruish, O.B.E.), Messrs. R. J. G. Anderson, W. K. Quirk, J. J. Radcliffe, J. N. Radcliffe, Mrs. C. M. Christian, Dr. E. J. Mann, Messrs. A. A. Callin, R. L. Watterson, E. G. Lowey, M. R. Walker, N. Q. Cringle, Mrs. E. C. Quayle, Messrs. G. A. Quinney, M.B.E., E. M. Ward, B.E.M., P. A. Craine, D. F. K. Delaney, E. C. Irving, C.B.E., Mrs. B. Q. Hanson, Mr. T. E. Kermeen, I.S.O., Dr. D. L. Moore, Messrs. J. J. Christian, G. C. Swales, with Mr. R. B. M. Quayle, Clerk of Tynwald. APOLOGIES FOR ABSENCE. The Governor: Hon. members, I have apologies for absence from the hon. member of Council, Mr. Radcliffe, and the hon. member for Middle, Mr. Creer, who are both representing the Island at the Commonwealth Parliamentary Association Conference in Fiji. MRS. NICHOLLS, WIFE OF THE LORD BISHOP—GOOD WISHES FOR RETURN TO FULL HEALTH. The Governor: I am sure hon. members will wish to join me in expressing our pleasure that Mrs. Nicholls, the wife of our Lord Bishop, is back with us on the Island, and we wish her a very speedy return to full health. Members: Hear, hear. CRIMINAL APPEAL — SUB JUDICE RULE — GUIDANCE TO MEMBERS. The Governor: Hon. members, in the light of certain comments which have been widely publicised by the media about the conduct of the hearing of a certain recent criminal appeal in the Appeal Court at Castletown last week, and because of the possible connection drawn between certain items on the Agenda before this Court today, and that case which is still before the courts, I believe it would be helpful to give some guidance to this hon. Court as to how I would interpret Standing Orders. Statements by members of Tynwald are privileged. However, it is a matter in which Tynwald regulates Apologies for Absence. — Mrs. Nicholls, Wife of the Lord Bishop—Good Wishes for Return to Full Health. — Criminal Appeal —Sub Judice Rule—Guidance to Members. T2 TYNWALD COURT, OCTOBER 13, 1981 itself by its own Standing Orders, procedures and standards. The Standing Orders of Tynwald are silent on the issue of matters sub judice, but the custom has always been for this Court to avoid debate on matters before the courts. Whilst, therefore, members are not legally debarred from making any comment on any case awaiting adjudication in the courts, hon. members would, I am sure, agree that it would ill-befit the good reputation of this hon. Court for members to interfere or be thought to be interfering in any way in a matter which, although of considerable public interest, is still before the courts. Accordingly, I would urge hon. members to exercise their customary prudence and responsibility, and since the proceedings relating to the matter which was the subject of the appeal have not been concluded, ask them to avoid comment in this Court on the case heard in the Appeal Court at Castletown last week, except in terms of broad principles. I am in no way seeking to stifle free debate conducted in accordance with Standing Orders and accepted standards, but as President of this Court I am asking members to accept, as I am sure they do, that privilege carries with it responsibility, and whilst members are afforded the protection of parliamentary privilege to enable them to carry out their duties, they must exercise that privilege with a sense of respon- sibility worthy of the established standards of this Ancient Court. Members: Hear, hear. The Speaker: Your Excellency, your statement, I am sure, has been listened to with great interest, but in order that members of the Lower House may not be inhibited in relation to a debate which will take place, or any debate which may take place later today, would Your Excellency assure the Court that the debate will be conducted not only within perimeters defined by Standing Orders, but also those defined in Erskine May which permits reference to certain aspects of legal hearings; and in view of the fact that reference has been made to the position of myself and my hon. colleagues in this Legislature by judges in recent cases, there will be no inhibition placed by you, sir, other than the inhibitions that are placed by Erskine May on debate. The Governor: It may be of interest to hon. members to learn of a ruling given in the House of Commons and quoted in Erskine May in a certain case where "Mr. Speaker ruled that it can be argued that the judge has made a mistake, that he was wrong, and the reasons given for those contentions can be given, within certain limits; but reflection of a judge's character or motives cannot be made except on a motion, nor can any charge of a personal nature be made except on a motion. Any suggestion that a judge should be dismissed can only be made on a motion." I can assure the hon. Mr. Speaker I take his point and, as I have said, I am in no way trying to inhibit proper debate. I am merely seeking the normal responsibilities of this Court. The Speaker: Thank you, sir. ANNOUNCEMENT OF ROYAL ASSENT. The Governor: 1 have to announce that in accordance with the, terms of section 2 of the Acts of Tynwald (Emergency Promulgation) Act 1916, the Royal Assent was given to the following Acts on 31st July 1981:— Administration of Justice Act 1981; Board of Consumer Affairs Act 1981; Highway (Unadopted Roads) (Amendment) Act 1981; Announcement of Royal Assent. TYNWALD COURT, OCTOBER 13, 1981 T3 Employment Agencies (Amendment) Act 1981; Forestry, Mines and Lands Board (Con- stitution) Act 1981; Fatal Accidents Act 1981; Civil Liability (Contribution) Act 1981; Animals Act 1981. BILLS FOR SIGNATURE. The Governor: Hon. members, we have a considerable number of Bills for signature so I will not read them out as they are set out on your Agenda Paper. The Bills for signature are as follows:— Law Reform (Mercantile Guarantee) Bill; Carriage of Goods by Sea (Amendment) Bill; Local Authorities (Election) (Amendment) Bill; Employer's Liability (Defective Equipment) Bill: Income Tax Bill; Control of Advertising Bill; Breeding of Dogs and Cats Bill; Torts (Interference with Goods) Bill; Housing (Rent Control) Bill; Public Lotteries Bill; Contracts of Employment Bill; Food and Drugs (Miscellaneous Provisions) Bill; Limitation (Miscellaneous Provisions) Bill; Chronically Sick and Disabled Persons Bill; Statute Law Revision Bill; Home Affairs Board Bill. The Governor: There are two further Bills for signature not on the Agenda, namely the Companies Bill and the Constitution (Amendment) Bill. If hon. members agree we will continue with our business while these Bills are signed. It was agreed. PAPERS LAID BEFORE THE COURT. The Governor: 1 call upon the Clerk to lay papers. The Clerk: I lay before the Court:— Customs and Excise Acts (Application) Act 1975-- Customs and Excise Acts (Application) (Amendment) (No. 5) Order 1981. Control of Movement of Goods Regulations 1981 (Application) Order 1981. Aircraft and Ship Regulations (Application) Order 1981. Export of Goods (Control) (Amendment No. 2) Order 1981. Export of Goods (Control) (Amendment No. 3) Order 1981. Value Added Tax and Car Tax— Value Added Tax and Car Tax (No. 2) Order 1981. Car Tax (Amendment) (No. 2) Regulations 1981. Value Added Tax (Terminal Markets) (Amendment) (No. 2) Order 1981. Bills for Signature. — Papers Laid Before the Court. T4 TYNWALD COURT, OCTOBER 13, 1981 Common Market— Final Report of the Common Market Select Committee. Former Railway Track— Report of the Government Property Trustees. Wireless Telegraphy Act 1967— Radiotelephonic Transmitters (Control of Manufacture) Order 1981. Administration of Estates Act 1960 to 1973 — Administration of Estates (Variation) Order 1981. Representation of the People Acts 1951 to 1976— Representation of the People (Table of Fees) Order 1981. Police (Isle of Man) Act 1962— Isle of Man Police Pay and Allowances Determination 1981. Teachers' Superannuation Act 1975— Teachers' Superannuation Regulations (Application) Order 1981. Horticultural Industry— Horticultural Industry (Temporary Support) Scheme 1981 -- Sheep— Sheep Variable Premium (No. 2) Scheme 1981. Beef— Beef Premium (No. 2) Scheme 1981. Fertilisers and Feeding Stuffs Act 1975— Fertilisers and Feeding Stuffs (Subsidiary Legislation) (Application No. 2) Order 1981. Sea Fisheries Act 1971— Sea Fisheries Bye-Laws 1981. Inland Fisheries Act 1976— Inland Fisheries Regulations 1981— Fishing Vessels (Safety Provisions) (Isle of Man) Act 1974— Fishing Vessels (Safety Provisions) Subsidiary Legislation (Amendment No. 2) Rules 1981. Merchant Shipping— Merchant Shipping (Masters and Seamen) (Application) (Fees) Order 1981. Weights and Measures Acts 1971 and 1978— Weights and Measures (Wood Fuel) Order 1981. Consumer Protection (Isle of Man) Act 1965— Upholstered Furniture (Safety) Regulations 1981, Weights and Measures Acts 1971 and 1978— Weights and Measures (Egg Grading Machines) (Amendment) Regulations 1981. Road Traffic Act 1963— Motor Vehicles (Third Party Risks) (Amendment) Regulations 1981. Social Security— Social Security Legislation (Application) Order 1981. Papers Laid Before the Court.