PP 2021/0139a

TYNWALD

Tinvaal

ORDER PAPER Claare Obbyr

DOUGLAS

Tuesday 15th June 2021 at 10.30 am

1. To lay before the Court –

Town and Country Planning Act 1999

Town and Country Planning (Permitted Development) (Amendment) Order 2021 [SD No 2021/0157] [MEMO]

Public Sector Pensions Act 2011 Isle of Man Government Unified Scheme (Amendment) Scheme 2021 [SD No 2021/0128] [MEMO]

Education Act 2001 Education (Student Awards) (Amendment) Regulations 2021 [SD No 2021/0165] [MEMO]

Financial Provisions and Currency Act 2011 Coronavirus Fisheries Industry Support (Amendment) (No. 2) Scheme 2021 [SD No 2021/0163] [MEMO]

Highways Act 1986 Highway Diversion (Public Right of Way No.268, Ballahick Lane, Ballasalla) Order 2021 [SD No 2021/0030] [MEMO] Pulrose Golf Course Public Path Order 2021 [SD No 2021/0114] [MEMO]

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Recreation and Leisure Act 1998, Local Government Act 1985 Recreation and Leisure (Garff) Order 2021 [SD No 2021/0050] [MEMO] Income Tax Act 1970

Income Tax (Common Reporting Standard) (Amendment) Regulations 2021 [SD No 2021/0144] [MEMO] The International Tax Compliance (United States of America) (Amendment) Regulations 2021 [SD No 2021/0143] [MEMO] Recovery of Foreign Taxes Regulations 2021 [SD No 2021/0147] [MEMO] Income Tax (Substance Requirements) Order 2021 [SD No 2021/0156] [MEMO]

European Union and Trade Act 2019 Burma and Misappropriation Sanctions (Revocation) Regulations 2021 [SD No 2021/0146] [MEMO]

Elections (Keys and Local Authorities) Act 2020 Election Fees Order 2021 [SD No 2021/0166] [MEMO] Value Added Tax Act 1996 Value Added Tax (Amendment) Order 2021 [SD No 2021/0150] [MEMO]

Reports Council of Ministers Substance Misuse Steering Group Report to Tynwald on a Proposal for a Review of the Harms Caused by Illicit Drugs [GD No 2021/0038] Review of National Insurance Scheme – Final Report [GD No 2021/0040] Social Affairs Policy Review Committee Second Report for the Session 2020-21: Implementation of the Abortion Reform Act 2019 [PP No 2021/0136]

The remaining items are not the subject of motions or debates on the Order Paper

Items subject to negative resolution Companies Act 2006

Uncertificated Securities Regulations 2006 (Operators) (Amendment) Regulations 2021 [SD No 2021/0112] [MEMO]

Immigration Act 1971 Statement of Changes in Immigration Rules [SD No 2021/0155] [MEMO]

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Asylum and Immigration Act 1996 Immigration (Restrictions on Employment) Order 2021 [SD No 2021/0170] [MEMO]

Taxation (Cross-border Trade) Act 2018 Customs (Miscellaneous Amendments) Regulations 2021 [SD No 2021/0153] [MEMO]

Council Regulation (EC) No 2368/2002 Council Regulation (EC) (Kimberley Process) (Amendment) Regulations 2021 [SD No 2021/0168] [MEMO]

Customs and Excise Management Act 1986

Isle of Man Freeport Free Zone Designation Order 2021 [SD No 2021/0173] [MEMO]

Value Added Tax 1996

Value Added Tax (Rate of Interest) Order 2021 [SD No 2021/0149] [MEMO] Documents subject to no procedure Merchant Shipping Act 1985

Merchant Shipping (Manning and STCW) (Amendment) Regulations 2021 [SD No 2021/0175] [MEMO]

Air Navigation (Isle of Man) Order 2015 Air Navigation (Restriction of Flying) (Tynwald Day) Regulations 2021 [SD No 2021/0164] [MEMO]

Submarine Cables Act 2003 Supplemental Authorisation issued under Submarine Cables Act 2003

[GC No 2021/0076] [MEMO] Sanctions and Anti-Money Laundering Act 2018

Global Anti-Corruption Sanctions (Isle of Man) Order 2021 [SI 2021/0526] [MEMO] Myanmar (Sanctions) (Isle of Man) Order 2021 [SI 2021/0529] [MEMO]

COVID 19 Salary Support Scheme

Notice by Treasury – COVID 19 Salary Support Scheme [GC No 2021/0080] Notice by Treasury – COVID 19 Salary Support Scheme [GC No 2021/0081]

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Reports Council of Ministers’ Report on a Review of the Town and Country Planning (Telecommunications) Development Order 2019 [GD No 2021/0039] Public Service Reform: 1st Progress Report – Preparing for the Future [GD No 2021/0035] Department of Home Affairs Response to the Tynwald Social Affairs Policy Review Committee Report on Grandparents’ Rights [GD No 2021/0043] Manx Care: Overview Document – Service Year 2021-22 [GD No 2021/0036] [MEMO] Council of Ministers’ Response to Tynwald Public Accounts Committee: First Report 2020-21: Salisbury Street Nursing Home [GD No 2021/0037] Executive Committee of the Isle of Man Branch of the Commonwealth Parliamentary Association Report on a Benchmarks Self-Assessment 2020-21 [PP No 2021/0138] Chief Minister’s Committee on Community and Public Engagement – Charities Report [GD No 2021/0034] Correction Notices Sea-Fisheries (Lobster and Crab) (Recreational Licensing) (Amendment) Regulations 2021 [Correction Notice] Sea-Fisheries (Lobster and Crab) (Recreational Licensing) (Amendment) (No.2) Regulations 2021 [Correction Notice]

2. Questions

See Question Paper. 3. BBC TV Licensing

The Minister for Policy and Reform to make a Statement.

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4. Government Debt Issue

The Minister for the Treasury to move – That Tynwald sanctions the Government, acting via the Treasury, to borrow an amount not exceeding £400,000,000 by means of the issue of securities on terms approved by the Treasury, such borrowings to be repaid within 40 years. [MEMO]

5. Government Lending to the Manx Utilities Authority The Minister for the Treasury to move –

That Tynwald authorises the Treasury to make loan advances to the Manx Utilities Authority of up to £178,000,000 to be repaid within a period set by the Treasury but not exceeding the period of any related Government debt issue and to be utilised to repay existing loan advances as agreed between the Manx Utilities Authority and the Treasury. [MEMO]

6. Government Lending to the Isle of Man Steam Packet Group Ltd The Minister for the Treasury to move –

That Tynwald authorises the Treasury to make loan advances to The Isle of Man Steam Packet Group Ltd of up to £160,000,000 to be repaid within a period to be set by the Treasury but not exceeding the period of any related Government debt issue and to be utilised to repay the existing loan owed by The Isle of Man Steam Packet Group Ltd and to finance the procurement of a new vessel and associated costs. [MEMO]

7. Revenue Contingency Fund

The Minister for the Treasury to move – That Tynwald authorises the Treasury to transfer an additional £20,000,000 into the Revenue Contingency Fund from the General Operating Account and the Reserve Fund in the year ending 31st March 2022, and to expend such sums as required and in accordance with the Terms of Reference of the Revenue Contingency Fund. [MEMO]

8. Proposal to Review the Harms Caused by Illicit Substances

The Minister for Justice and Home Affairs to move – That Tynwald approves the proposed approach for a review of the harms caused by illegal drugs set out in the Report on a proposal for a review of the harms

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caused by illicit drugs [GD No 2021/0038]; and agrees that further information on the likely costs and timescales for such a review be submitted to Tynwald no later than October 2021.

9. Review of the National Insurance Scheme

The Minister for the Treasury to move –

That Tynwald receives the final report on the Review of the National Insurance Scheme [GD No 2021/0040] and notes that Treasury intends to undertake a public consultation.

10. Tynwald Management Committee – Clerk of Tynwald The Chairman of the Tynwald Management Committee (Mr Speaker) to move –

That in accordance with Standing Order 9.2 of the Court, Dr Jonathan King be appointed Clerk of Tynwald with effect from 24th September 2021, the appointment to continue during pleasure.

11. Public Accounts Committee: Salisbury Street Nursing Home

The Chairman of the Public Accounts Committee (Mr Speaker) to move – That the Public Accounts Committee First Report for the Session 2020-21: Salisbury Street Nursing Home [PP No 2021/0012] be received and the following recommendation be approved – Recommendation That DHSC should present evidence to satisfy Tynwald, or the Public Accounts Committee if there are commercial confidentiality issues, regarding the value for money of the Summerhill View Development. [GD No 2021/0037] is relevant to this item.

12. Public Accounts Committee: Tynwald Auditor General The Chairman of the Public Accounts Committee (Mr Speaker) to move – That the Public Accounts Committee Second Report for the Session 2020-21: Tynwald Auditor General Governance Proposal [PP No 2021/0080] be received and the following recommendations be approved –

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Recommendation 1 That, as an interim measure, the Selection Committee, as defined in paragraphs 1(1) and 1(2) of Schedule 1 of the Act, should oversee the function and may:

scrutinise the use of resources by the Tynwald Auditor General by way of a review of the annual strategic plan, and annual reports for the function;

review and, if it thinks appropriate, comment on any budget submissions submitted to Treasury by the Tynwald Auditor General; and

approve the selection of the organisation which will audit the accounts of the Tynwald Auditor General, whose report shall be laid before Tynwald.

Recommendation 2 That the Tynwald Auditor General should consult on governance arrangements for the function with the aim of putting these on a statutory footing during the first three years of their contract. Recommendation 3 That in exercise of its powers in section 12(3) of the Tynwald Auditor General Act 2011, Tynwald gives the following direction to the Tynwald Auditor General: an annual report under section 12(1) of the Tynwald Auditor General Act 2011 is required to include an annual update on cashable savings identified and achieved.

13. Social Affairs Policy Review Committee: Abortion Reform Act 2019 The Chairman of the Social Affairs Policy Review Committee (Ms Edge) to move –

That the Second Report of the Social Affairs Policy Review Committee for the Session 2020-21: Implementation of the Abortion Reform Act 2019 [PP No 2021/0136] be received.

14. Public Appointments – Isle of Man Financial Services Authority

The Minister for the Treasury to move –

That Tynwald approves, in accordance with paragraph 1(1) of Schedule 1 to the Financial Services Act 2008, the Treasury's appointment of:

• Ms Lilian Boyle • Mr Mark Waterhouse • Miss Joanna Hill • Ms Lucy McClements

as members of the Isle of Man Financial Services Authority for a period of five years. [MEMO]

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15. Manx Museum and National Trust Act 1959

The Minister for Enterprise to move – That, in accordance with section 25(e) of the Manx Museum and National Trust Act 1959, Tynwald consents to the sale of the property at Ballastrooan, Colby by the Manx Museum and National Trust. [MEMO]

16. Town and Country Planning Act 1999

The Minister for Policy and Reform to move – That the Town and Country Planning (Permitted Development) (Amendment) Order 2021 [SD No 2021/0157] [MEMO] be approved.

17. Public Sector Pensions Act 2011

The Vice Chair of the Public Sector Pensions Authority (Mr Harmer) to move – That the Isle of Man Government Unified Scheme (Amendment) Scheme 2021 [SD No 2021/0128] [MEMO] be approved under Section 6(1)(c) of the Public Sector Pensions Act 2011.

18. Education Act 2001

The Minister for Education, Sport and Culture to move – That the Education (Student Awards) (Amendment) Regulations 2021 [SD No 2021/0165] [MEMO] be approved.

19. Financial Provisions and Currency Act 2011

The Minister for Environment, Food and Agriculture to move – That the Coronavirus Fisheries Industry Support (Amendment) (No. 2) Scheme 2021 [SD No 2021/0163] [MEMO] be approved.

20. Highways Act 1986

The Minister for Infrastructure to move – That the Highway Diversion (Public Right of Way No. 268, Ballahick Lane, Ballasalla) Order 2021 [SD No 2021/0030] [MEMO] be approved.

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21. Highways Act 1986

The Minister for Infrastructure to move – That the Pulrose Golf Course Public Path Order 2021 [SD No 2021/0114] [MEMO] be approved.

22. Recreation and Leisure Act 1998, Local Government Act 1985

The Minister for Infrastructure to move – That the Recreation and Leisure (Garff) Order 2021 [SD No 2021/0050] [MEMO] be approved.

23. Income Tax Act 1970

The Minister for the Treasury to move – That the Income Tax (Common Reporting Standard) (Amendment) Regulations 2021 [SD No 2021/0144] [MEMO] be approved.

24. Income Tax Act 1970

The Minister for the Treasury to move – That the International Tax Compliance (United States of America) (Amendment) Regulations 2021 [SD No 2021/0143] [MEMO] be approved.

25. Income Tax Act 1970

The Minister for the Treasury to move – That the Recovery of Foreign Taxes Regulations 2021 [SD No 2021/0147] [MEMO] be approved.

26. Income Tax Act 1970

The Minister for the Treasury to move – That the Income Tax (Substance Requirements) Order 2021 [SD No 2021/0156] [MEMO] be approved.

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27. European Union and Trade Act 2019

The Minister for the Treasury to move – That the Burma and Misappropriation Sanctions (Revocation) Regulations 2021 [SD No 2021/0146] [MEMO] be approved.

28. Elections (Keys and Local Authorities) Act 2020

The Minister for the Treasury to move – That the Election Fees Order 2021 [SD No 2021/0166] [MEMO] be approved.

29. Value Added Tax Act 1996

The Minister for the Treasury to move – That the Value Added Tax (Amendment) Order 2021 [SD No 2021/0150] [MEMO] be approved.

30. Amendment of Standing Order 3.5(2)

The Hon. Member for Douglas Central (Mrs Corlett) to move – That Standing Order 3.5(2) be amended to add the words “; but the Court may determine that the time shall be extended”.

The amended Standing Order would read: (2) Subject to Standing Order 2.2(5), unless the President directs by notice set out on the Question Paper, the time allotted for tabled Questions shall be two and a half hours; but the Court may determine that the time shall be extended.

31. Youth Development The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to move – That Tynwald recognises the importance of Manx youth to the Island’s future; and further recognises the need to have support and local facilities in place that are greater than the existing culture, education and sporting programmes, in order to ensure that the personal development of each individual can be maximised and calls on the Council of Ministers to report on how this can be achieved, with an implementation plan, by January 2022.

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32. Sewage Strategy in Peel and Laxey

The Hon. Member for Council (Mrs Lord-Brennan) to move – That Tynwald notes the Environment and Infrastructure Policy Review Committee’s First Report of Session 2017-2018 (Regional Sewage Treatment Strategy, Phase 2 - Peel), and the evidence taken by the Committee in the course of its inquiry; in particular, reaffirms its opinion that there are valid concerns about the calculations relied on by the MUA and its advisors in support of the continuation of the regional strategy for the West of the Island and that sewage treatment, while essential, will not solve all of Peel’s water quality problems; and is further of the opinion that the regional strategy for the West of the Island should be replaced by an integrated sewage scheme for Peel and Laxey. [PP No 2018/0038] is relevant to this item.

33. Structural Review of Civil Service Terms and Conditions

The Hon. Member for Onchan (Ms Edge) to move – That the Structural Review of Civil Service Terms and Conditions Above Executive Officer Level [GD No 2018/0034] be received; and that the Council of Ministers should investigate the impact on employee structures of the removal of the Personnel Control Mechanism in 2015, and should report by January 2022.

34. Council of Ministers Collective Responsibility and Joined-Up Working

The Hon. Member for Douglas Central (Mr Thomas) to move – That Tynwald is of the opinion that: i) Except when the Government Code exceptions apply, Ministers should be

bound by collective responsibility on all matters included within each administration’s Statement of Intent of its Policies and Priorities, Programme for Government and annual Budget, and in addition any matters relating to a) the good governance of the Island, b) national security or defence, c) public safety and d) the economic or fiscal stability of the Island that are determined by a majority vote of the Council of Ministers to be of national importance;

ii) The standing Council of Ministers Sub Committees have an important role to play in co-ordinating and prioritising policy to ensure it is aligned to the overall strategic aims of the Council of Ministers, and in reviewing new policy proposals to refine them before they are presented to Council for approval; and

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iii) Council of Ministers should appoint either standing or ad hoc Committees, which may include non-ministerial members, to consider and report on specific issues.

35. Council of Ministers Documents and Information

The Hon. Member for Douglas Central (Mr Thomas) to move – That Tynwald is of the opinion that, notwithstanding any statutory powers to the contrary, as a matter of good practice: i) Documents of the 2016-21 Council of Ministers and Departments should

be made available to the incoming administration after the 2021 General Election;

ii) Normally, each item on the Council agenda should have a matching Council Paper to form the basis of the discussion; and

iii) The Chief Minister should consult the Council of Ministers in respect of whether to divulge information about the proceedings of the Council of Ministers under section 6(2) of the Council of Ministers Act 1990.

36. Manx Public Satisfaction Poll

The Hon. Member for Garff (Mr Perkins) to move – That Tynwald is of the opinion that the Chief Minister should commission a Gallup-type poll in September 2023 to gauge the satisfaction of the Manx public with the administration.

37. The Size, Structure and Cost of Government

The Hon. Member for Arbory, Castletown and Malew (Mr Moorhouse) to move – That Tynwald is of the opinion that the size, structure and cost of the Island’s government must be adjusted to be more reflective of the Island’s current needs and ability to fund it; and calls on the Council of Ministers to report on how this can be achieved, with an implementation plan, by January 2022.

38. General Debate (Tynwald Commissioner for Administration case)

The Hon. Member for Douglas North (Mr Ashford) to move a General Debate on the Tynwald Commissioner for Administration Report on case TCA 1909. [TCA 1909] is relevant to this item.

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39. General Debate (Single Legal Entity and New Public Service) The Hon. Member for Glenfaba and Peel (Mr Harmer) (Minister for Policy and Reform) to move a General Debate on Single Legal Entity and New Public Service. [GD No 2020/0074] and [GD No 2021/0035] are relevant to this item.