Printed (by Authority) by Nelson Press Co. Ltd., St. George's Street, Douglas, Isle of Man REPORT OF PROCEEDONGS OF TYNWALD COURT Douglas, Tuesday, April 14, 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, P. Radcliffe, A. H. Simcocks, M.B.E., 0 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. Catlin, R. L. Watterson, J. R. Creer, E. G. Lowey, M. R. Walker, N. Q. Cringle, Mrs. E. C. Quayle, Messrs. G. A. Quinney, M.B.E., P. A. Craine, D. F. K. Delaney, E. C. Irving, Mrs. B. Q. Hanson, Mr. T. E. Kermeen 1.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, 1 haVe apologies for absence from the hon. member for South Douglas, Mr. Ward. ANNOUNCEMENT OF ROYAL ASSENT. The Governor: I have to announce in accordance with the terms of section 2 of the Acts of Tynwald (Emergency Promulgation) Act 1916 that the Royal Assent was given to the following Act on 18th March 1981:— Welfare of Animals Act 1981. BILLS FOR SIGNATURE. The Governor: Hon. members, according to the Agenda we only have one Bill for signature, the Industry Board Bill, but I understand that the Administration of Justice Bill is also ready for signature. Since there is some urgency for this to go forward for Royal Assent I hope members will agree that it can be signed now, rather than waiting for the May sitting. It was agreed. The Governor: If hon. members agree we will continue our business while these Bills are being signed. It was agreed. Apologies for Absence. — Announcement of Royal Assent. — Bills for Signature. T1030 TYNWALD COURT, APRIL 14, 1981 PAPERS LAID BEFORE THE COURT. The Governor: I call on the Clerk to lay papers. The Clerk: Your Excellency, I lay before the Court:— Excise Duties— Excise Duties Order 1981. Value Added Tax and Car Tax— Value Added Tax and Car Tax Order 1981. Value Added Tax (Terminal Markets) (Amendment) Order 1981. Value Added Tax (Handicapped Persons and Charities) Order 1981. Car Tax (Amendment) Regulations 1981. Customs and Excise Acts (Application) Act 1975— Customs and Excise Acts (Application) (Amendment) (No. 2) Order 1981. Unemployment— Second Interim Report of Select Committee on Unemployment. Advocates' Fees— Second Interim Report of Select Committee on Advocates' Fees. Gaming and Amusement Machines— Report of the Gaming Board of Control. Licensing Act 1961— Licensing (No. 4) Order 198.1. Licensing (No. 5) Order 1981. Music and Dancing Act 1961— Music and Dancing Order 1981. Manx Decimal Coins Act 1970— Manx Decimal Coins (The Betrothal and Wedding of the Prince of Wales Crowns) Order 1981. Manx Decimal Coins (The Wedding of H.R.H. Prince Charles to Lady Diana Spencer (Gold Coins)) Order 1981. Road Traffic Act 1967— School Crossing Patrols (Prescribed Places) (Amendment) Regulations 1981. Fire Precautions Act 1975— Fire Precautions (Cinemas) Order 1981. Cinematograph (Safety) Regulations 1981. Burials Acts 1881 to 1965— Malew Parish Burial Ground Rate Order 1981. Arbory Parish Burial Ground Rate Order 1981. Mineral Workings (Offshore Installations) (Isle of Man) Act 1974-- Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 (Appointed Day No. 2) Order 1981. Douglas Corporation Electricity Act 1981— Douglas Corporation Electricity Act 1981 (Appointed Day) Order 1981. Papers Laid Before the Court. TYNWALD COURT, APRIL 14, 1981 T1031 European Communities— Applicable European Communities Secondary Legislation, February and March 1981. Accounts— Audited Accounts of the Government Treasurer for the year ended 31st March 1980. Diseases of Animals (Prevention) Acts 1948 to 1975— Disinfection (Foot and Mouth Disease) Order 1981. Importation of Vehicles and Farm Machinery (Foot and Mouth Disease) (Temporary Prohibition) Order 1981. Wage and Salary Agreements— Report by Finance Board for year ended 31st March 1981. Annual Reports— Annual Report of the Chief Constable of the Isle of Man for the year ended 31st December 1980. Annual Report of the Isle of Man Electricity Board for the year ended 31st March 1980. Annual Report of H.M. Prison for the year ended 31st December 1980. Report of the Isle of Man Assessment Board for the period 1st April 1976 to 31st March 1980. Annual Report of the Isle of Man Civil Defence Commission for the year ended 31st March 1980. Local Government Board's Approval to Petitions— Approval dated 20th February 1981 to the following Petition— (1) Petition of the Douglas Corporation for approval to the sale of the premises No. 5 St. George's Terrace; Douglas, to Charles Frederic Higgins and Ann Elizabeth Higgins of Anfield, 13 Upper Church Street, Douglas, for the sum of £350 plus all legal and other fees in connection therewith. Approval dated 6th March 1981 to the following Petition— (2) Petition of the Peel Town Commissioners for approval to the sale of a certain plot of land containing 522 square yards at the Ballaquane Estate to Ian MacDonald of Jurby Police Station, Jurby, for the sum of £3,132. Approval dated 20th March 1981 to the following Petition— (3) Petition of the Douglas Corporation for authority to borrow a sum not exceeding £4,000, repayable within 15 years, to defray additional costs in connection with the renewal of the submarine electric cable to the Tower of Refuge and decorative lighting. APPOINTMENT OF BOUNDARY COMMISSION — QUESTION BY MR. KERMEEN. The Goveror: We now turn to the Question Paper. Question number I. I call on the hon. member for West Douglas, Mr. Kermeen. Mr. Kermeen: Your Excellency, I beg to ask the Chairman of Executive Council:— Will you initiate action—as outlined in paragraph 45 in the report received by this hon. Court on 22nd April 1980 — for the appointment by the Governor in Council of a Appointment of Boundary Commission—Question by Mr. Kermeen. T1032 TYNWALD COURT, APRIL 14, 1981 Boundary Commission of five persons, not being members of Tynwald, to the end that the provisions of section 1 of the Representation of the People Act 1951 as amended by sections 1 and 5 of the Representation of the People Act 1956 be reviewed and legislation for a desirable and equitable amendment thereof be presented to the Branches? Mr. Irving: Your Excellency, I regret that the answer to the hon. member is no, sir. In view of the failure of the Representation of the People (Redistribution of Seats) Bill to receive a second reading in the House of Keys, I consider that no useful purpose would be served in initiating the action as proposed by the hon. member at the present time. I believe, too, that since it would require legislation in the House of Keys, and the second reading of the Bill I have referred to failed on 16th December last year, Standing Orders would prohibit the introduction at the moment of further legislation. I would like to say that personally I support the proposal of a Boundary Commission very strongly, and would hope that before long some action could be taken. Mr. Kermeen: Just one supplementary, Your Excellency? Would the hon. Chairman of Executive Council keep under review, in view of the increasing disparity, as to the population between the seven constituencies electing to the House of Keys? Mr. Irving: Yes, sir, with pleasure. BRITISH MIDLAND AIRWAYS — WITHDRAWAL OF APEX FARES — QUESTION BY THE LORD BISHOP. The Governor: Question number 2. I call on the Lord Bishop. The Lord Bishop: Your Excellency, 1 beg to ask the Chairman of the Isle of Man Airports Board:— Will you— (1) Please indicate the reasons for the withdrawal of the Apex fares by British Midland Airways for travellers from the Island from the beginning of April where the return journey is made within a week — not staying over a Sunday? (2) Convey immediately to this company the deep concern of this hon. Court that this concession is no longer available? (3) Indicate what steps his Board is taking to ensure the cheaper fares for travellers can be obtained from either British Island Airways or from some other company which could be granted the franchise? The President of the Council: Your Excellency, during the past winter British Mid- land Airways have operated an advance purchase return fare on its routes to and from the Isle of Man. The reservation retrictions applicable to this fare were that bookings had to be made at least two weeks prior to the commencement of the outward journey, and were available only on the non-stop or through flights of British Midland. Full payment for the ticket had to be made at the time of reservation and the ticket was valid for the maximum stay of one month. No restriction was made on the return journey because the company was endeavouring to generate additional winter traffic. However, in answer to part (1) of the question, since 1st April 1981 the airline still offers the advance purchase return fare but because of the summer traffic expected and the necessity for the airline to increase its revenue - that is the important part—the necessity for the airline to increase its revenue during the period, it has imposed a restriction on the validity of the ticket by stipulating that the return journey is not permitted prior to British Midland Airways—Withdrawal of Apex Fares—Question by the Lord Bishop.