Q16#7 Authentication m RECORD OF THE MEETING OF THE LEGISLATIVE COUNCIL HELD IN STANLEY ON 27th FEBRUARY 2004 ........... ■<<> 'I :. „ t '.Jfc•'•-*•If/"* »» * RECORD OF THE MEETING OF THE LEGISLATIVE COUNCIL HELD IN STANLEY ON 27™ FEBRUARY 2004 MR SPEAKER (Mr Lionel Geoffrey Blake QBE) MEMBERS (Ex-Officio) The Honourable the Financial Secretary (Mr Derek Frank Howatt) Elected The Honourable John Birmingham (Elected Member for Stanley Constituency) The Honourable Mrs Janet Lynda Cheek (Elected Member for Stanley Constituency) The Honourable John Richard Cockwell (Elected Member for Stanley Constituency) The Honourable Ian Hansen (Elected Member for Camp Constituency) The Honourable Stephen Charles Luxton (Elected Member for Stanley Constituency) The Honourable Michael Victor Summers OBE (Elected Member for Stanley Constituency) PERSONS ENTITLED TO ATTEND The Attorney General (Mr David Geoffrey Lang CBE, QC) The Commander British Forces Falkland Islands (Air Commodore Richard Howard Lacey, RAF) CLERK OF COUNCILS: Claudette Anderson MBE PRAYERS: Reverend Paul Sweeting APOLOGIES DUE TO BEING OVERSEAS The Honourable the Chief Executive (Mr Christopher John Simpkins) The Honourable Mrs Norma Edwards (Elected Member for Camp Constituency) The Honourable Roger Anthony Edwards (Elected Member for Camp Constituency) m %0 .kt % v» »W4.'« ^ CONTE NTS Prayers 1 Papers to be Laid on the Table 1 ORDERS OF THE DAY: BILLS The Conservation of Wildlife and Nature (Amendment) Bill 2004 3 The Immigration (Amendment) Bill 2004 4 MOTION FOR ADJOURNMENT The Honourable John Birmingham 5 The Honourable Ian Hansen 6 The Honourable Stephen Luxton 7 The Honourable Jan Cheek 8 The Honourable Richard Cockwell 10 The Honourable Mike Summers 11 The Honourable Financial Secretary 12 Mr Speaker 13 Record of the Meeting of the Legislative Council Held on Friday 27 February 2004 PRAYERS Mr Speaker Good Morning Members. I’m afraid we are without the Chief Executive, Councillor Roger Edwards, who has just gone overseas and Councillor Norma Edwards who is away on sick leave, therefore the Financial Secretary will be introducing the Bills Clerk of Councils The confirmation of the record of the meeting of the Legislative Council held on the 19 December 2003 Mr Speaker Honourable Members before signing the minutes is it your wish that I sign these as a correct record of our last meeting. (Agreed) Clerk of Councils Papers to be laid on the Table by the Honourable Financial Secretary. Copies of subsidiary legislation published in the Falkland Islands Gazette since the last sitting of Legislative Council and laid on the table pursuant to Section 34.1 of the Interpretation and General Clauses Ordinance 1977. ■ Car-parks Regulations Order 2003 ■ Ross Road Temporary Clear-way (Amendment) Regulations Order 2003 ■ Defence Contractors and Employees Tax Exemption Order 2003 ■ Taxes: Benefits in Kind Rules 2003 ■ Payment on Account of Tax (Amendment) Regulations 2003 ■ Payment on Account of Tax (Amendment) Regulations 2004 ■ Taxes: Benefits in Kind (Amendment) Rules 2004 ■ Dis-application of Enactments (No. 1) Order 2000, Amendment Order 2004 ■ Road Traffic Provisional Regulations Order (Amendment)Order 2004 The Honourable Financial Secretary Mr Speaker, I beg to lay on the table the papers named by the Clerk. Legislative Council Held on 27 February 2004 Page 1 Clerk of Councils Motion to Approve the Taxes Benefits in Kind (Amendment) Rules 2004. “That the Taxes Benefits in Kind Amendment Rules 2004 be approved in the form this day tabled in this Council.” The Honourable Financial Secretary Mr Speaker, these Amending Rules are made up of section 8.1.c of the Taxes Ordinance 1997, which brings into force the charge to tax non-tax benefits enjoyed by employees and members of their families by reason of the employees’ employment, where those benefits are prescribed by the rules. The Taxes Benefit in Kind Rules 2003 came into force on the 01 January 2004. And, these rules, approved by Executive Council on 29 January 2004 amend those 2003 rules. The rules alter the annual values prescribed by the 2003 rules in respect of accommodation, board, heating and electricity provided for the benefit of employees and their families by reason of their employment. The rules give effect to the recommendations of the meeting of Legislative Council of 19 December 2003, at which the 2003 rules were approved. The rules change the reference to “lighting” in the 2003 rules to “electricity," which is more accurate in describing the benefit being brought within the charge. And, to clarify that the provision of board is included as a prescribed benefit. The amounts chargeable in respect of accommodation, board and heating and electricity are changed from an annual amount to a daily amount, with a maximum for any one year subject to an increase in respect of family members. The rules also ensure that the provision of heating and electricity benefits will be a prescribed charge, irrespective of whether accommodation is also being provided. The new annual values are shown in Table “B.” Special provision for Domestic Servants has been removed so that the charges apply to employees without distinction, with the exception of those employed in Agriculture or Horticulture are exempt from any charge under these headings. I beg to move the confirmation of the Taxes Benefits in Kind Amendment Rules 2004. The Honourable Mike Summers Mr Speaker, I am happy to second that Motion. Legislative Council • Held on 27 Febniary 2004 Page 2 * Mr Speaker Does any Honourable Member wish to speak to the Motion? Does any Honourable Member object to the Motion? The Motion is carried. Clerk of Councils Orders of the Day, Bills The Conservation of Wildlife and Nature (Amendment) Bill 2004. This Bill has been published in the Gazette and therefore does not require a first reading. The Honourable Financial Secretary Mr Speaker, this Bill seeks to provide full protection to Albatross and Petrel breeding sites and to amend ambiguity in the existing law with respect to Black-Browed Albatross and Petrel eggs, such that the licensed collection of eggs for human consumption is no longer permitted. With this legislative change, the Falkland Islands will be able to ratify the agreement on the conservation of Albatross and Petrels as agreed by Executive Council in August 2002. I beg to move the second reading of the Bill. The Honourable Mike Summers I second the motion. Mr Speaker The Conservation of Wildlife and Nature (Amendment) Bill 2004. Does any Member object to the Motion? The Bill will be read a second time. Clerk of Councils The Conservation of Wildlife and Nature Amendment Bill 2004. Mr Speaker Are there any amendments to the Bill as published? In that case we can go to the short track procedure. Does any Honourable Member wish to speak? The Bill will be read a third time and do pass. Clerk of Councils The Conservation of Wildlife and Nature (Amendment) Bill 2004. Legislative Council Held on 27 February 2004 Page 3 The Immigration (Amendment) Bill 2004. This Bill has also been published in the Gazette and does not require a first reading. The Honourable Financial Secretary Mr Speaker, this Bill seeks to clarify the law as to when work permits are required under Section 17 of the Immigration Ordinance. In particular, it will require employees supplied by an employment agency to another business, to hold work permits specific to such employment. In cases where a person provides services of any kind without remuneration to any charity or other similar body approved by the Governor, a work permit is not required unless those services are supplied through an employment agency. The Bill also seeks to clarify that there is no need for a further work permit where an employee is required by his employer to accept, with out further remuneration, appointment as a Director of a Company, where the employer has the right to make that appointment. I beg to move the second reading of the Bill. The Honourable John Birmingham I second the Bill Mr Speaker The Motion is that the Bill be read a second time. Any objections, No objections the Bill will be read a second time. Clerk of Councils The Immigration (Amendment Bill) 2004. Mr Speaker Are there any amendments to the Bill as published? Does any Honourable Member wish to speak? In that case we can go to the short track procedure. The Motion is that the Bill will be read a third time and do pass. Clerk of Councils The Immigration (Amendment) Bill 2004. The Motion for Adjournment. The Honourable Financial Secretary Mr Speaker, I beg to move that this House stands adjourned Sine Die. Legislative Council Held on 27 February 2004 Page 4 Mr Speaker Honourable Members, the Motion is the House stands adjourned Sine Die does any Member wish to speak to the Motion? The Honourable John Birmingham Mr Speaker, Honourable Members, in rising to speak to the Motion for Adjournment, I would like to welcome from St. Helena, to this House, Councillor Stedson Francis. I hope that his visit has been worthwhile and I wish him well on his journey home. There are local issues being discussed at the moment as well as issues that have some international depth to them. At the moment, a local issue is the problems that have been well-aired within the Medical Department. I would just like to say there are issues there, there are some problems there but that the Medical Department in the Falkland Islands does, in my view, a wonderful service to the community. It’s staffed by some, mostly, in fact, if not all, very hard working personnel, both contractors and locally employed people. And, I think that sometimes when there are problems, we can easily forget just what a good service we have.