VOTES AND PROCEEDINGS Reaghyssyn as daaltyn

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1 TYNWALD Tinvaal VOTES AND PROCEEDINGS Reaghyssyn as daaltyn 1. Laid before the Court DOUGLAS Tuesday 21 st June 2016 European Communities (Isle of Man) Act 1973 European Union (North Korea Sanctions) (Amendment) (No.2) Order 2016 [SD No 2016/0177] European Union (North Korea Sanctions) (Amendment) (No.3) Order 2016 [SD No 2016/0190] Cremation Act 1957 Cremation (Fees) Regulations 2016 [SD No 2016/0152] Disability Discrimination Act 2006 Disability Discrimination (Guidance and Code of Practice) (Appointed Day) Order 2016 [SD No 2016/0167] Rehabilitation of Offenders Act 2001 Rehabilitation of Offenders Act 2001 (Exceptions) (Immigration and Nationality) Order 2016 [SD No 2016/0150] Highways Act 1986 Highway Diversion (Public Right of Way 320, Meary Voar, Santon) Order 2016 [SD No 2016/0136] Income Tax Act 1970 Taxes (British Virgin Islands) Order 2016 [SD No 2016/0165] Customs and Excise Act 1993 Export Control (Iran Sanctions) Order 2016 [SD No 2016/0159] Representation of the People Act 1995 Elections Fees Order 2016 [SD No 2016/0176]

2 Social Security Act 2000 Social Security Legislation (Benefits) (Application) Order 2016 [SD No 2016/0118] Social Security Legislation (Benefits) (Application) (No.2) Order 2016 [SD No 2016/0119] Retirement Pension (Premium) (Amendment) Order 2016 [SD No 2016/0161] Reports Fairness and Sustainability of Public Sector Pension Schemes - Revised Proposals [GD No 2016/0033] Greater efficiency, Cleaner energy, Resilient economy A Climate Challenge Mitigation Strategy for the Isle of Man [GD No 2016/0031] Tynwald Honours Committee First Report for the Session [PP No 2016/0099] Documents subject to negative resolution European Communities (Isle of Man) Act 1973 European Union (North Korea Sanctions) (Amendment) (No.2) Regulations 2016 [SD No 2016/0178] European Union (North Korea Sanctions) (Amendment) (No.3) Regulations 2016 [SD No 2016/0191] Documents subject to no procedure Currency Act 1992 Currency (TT Legends) (50 Pence Coins) Order 2016 [SD No 2016/0166] Appointed Day Order Financial Intelligence Unit Act 2016 Financial Intelligence Unit Act 2016 (Appointed Day) Order 2016 [SD No 2016/0148] Terrorism and Crime (Miscellaneous Amendments) Acts 2016 Terrorism and Crime (Miscellaneous Amendments) Acts 2016 (Appointed Day) Order 2017 [SD No 2016/0149] Criminal Procedure and investigations Act 2016 Criminal Procedure and Investigations Act 2016 (Appointed Day) Order 2016 [SD No 2016/0181] 2

3 Reports Council of Ministers Response to the Report of the Select Committee on the First Time Buyer arrangements at Harcroft Meadows (Petition for Redress) [GD No 2016/0029] Council of Ministers Annual Report of the Isle of Man Government Preservation of War Memorials Committee [GD No 2016/0026] Report of the Select Committee on the Operation of the Jury System [PP No 2016/0100] Social Affairs Policy Review Committee Second Report for the Session Progress with Inquiries [PP No 2016/0098] Social Affairs Policy Review Committee Third Report for the Session Children and Families Social Services [PP No 2016/0103] 2. Bills signed - Concessionary Travel Schemes Bill 2015 Marriage and Civil Partnership (Amendment) Bill 2016 Police (Amendment) Bill 2015 Preferential Payments (Amendment) Bill 2016 Road Races Bill Questions Questions 1 to 11, 24 and 12 were answered orally. Questions 13 to 23 and 25 were answered in writing. 4. Future of Property Taxation Statement made. 5. Dependability Limited Statement made. 6. Supplementary Vote That Tynwald authorises the Treasury, in respect of the year ended 31 st March 2016, to apply from General Revenue a sum not exceeding 9,943,000 being the additional amount required by the Department of Health and Social Care in respect of excess expenditure incurred in the provision of its services. Mr Quayle 3

4 7. Salisbury Street Care Home That Tynwald authorises the Treasury to provide a sum not exceeding 8,100,000 as a Capital vote to fund the purchase by the Department of Health and Social Care of Salisbury Street Care Home. Mr Quayle Announcement of Royal Assent Concessionary Travel Schemes Act 2016 Police (Amendment) Act 2016 Preferential Payments (Amendment) Act 2016 Road Races Act Castletown and Port Erin Fire Stations That Tynwald approves of the Department of Home Affairs incurring expenditure not exceeding 1,458,000 in respect of the replacement for Castletown and Port Erin Fire Stations. Mr Watterson 9. Supplementary Capital Authorities That Tynwald authorises the Treasury to expend from the Capital Transactions Account in respect of the year ended 31 st March 2016: Sums not exceeding 8,041,174 in payment of the items set out in Column 6 of the Schedule hereto (incurred mainly due to timing differences in the capital programme). Sums not exceeding 3,289,381 incurred in respect of the items set out in Column 7 of the Schedule hereto (of which 3,020,209 is included within the amounts in Column 6). Schedule - supplementary capital authorities for

5 Mr Teare 10. Treasury Bond Issue That Tynwald approves that Treasury can issue Bonds up to a total of 50,000,000 with interest payments and capital repayments being made from general revenue. Mr Teare 5

6 11. Public Sector Pension Reforms Report That Tynwald: (a) Receives the report of the Public Sector Pensions Authority entitled Fairness and Sustainability of Public Sector Pension Schemes - Revised Proposals [GD No 2016/0033]; (b) Endorses the proposals for reform of the Government Unified Scheme through the adoption of a cost envelope approach as recommended by the PSPA s Technical Advisory Group (parts 4.1 and 4.2 of the report); (c) Endorses the proposals for reform of the Tynwald Members Scheme (part 5.1 of the report); (d) Endorses the continued process for negotiating reforms of the Teachers and Police Schemes with a view to consulting on detailed scheme changes and thereafter, preparing formal amendments to be laid before Tynwald for approval (parts 5.2 and 5.3 of the report); (e) Requests the PSPA to commence reform negotiations with members of the Judicial Pension Scheme once the outcome of the UK judicial review is known (part 5.4 of the report); (f) Requests the Public Sector Pensions Authority to consult on detailed scheme changes with a view to formal amendments to all schemes being laid before Tynwald for approval by February 2017; and (g) Agrees that the options for managing the legacy position in the longer term will be subject to further investigation by the PSPA and the Treasury in conjunction with Tynwald Members and a further report will be submitted to Tynwald for consideration after the General Election. Mr Shimmin Amendment moved To leave out all the words after Fairness and Sustainability of Public Sector Pension Schemes and insert the words and the report entitled Public Sector Pensions Addressing the Legacy Funding Gap; Endorses the proposals for reform of the Tynwald Members Scheme (part 5.1 of the report); 6

7 Endorses the continued process for negotiating reforms of the Teachers and Police Schemes with a view to consulting on detailed scheme changes and thereafter, preparing formal amendments to be laid before Tynwald for approval (parts 5.2 and 5.3 of the report); Requests the PSPA to commence reform negotiations with members of the Judicial Pension Scheme once the outcome of the UK judicial review is known (part 5.4 of the report); Acknowledges the expectation of meeting public liabilities to current and former members of the workforce, but notes that the Medium Term Financial Strategy has identified that the Public Sector Pension Reserve will soon be depleted and considers the reports as failing to recognise the potential detrimental impact to public services and public finances of the proposals; Requests therefore that the options for managing the liabilities and future funding of Public Sector Pensions be subject to assessment and scrutiny by a professional advisory firm of standing and recognition, who should consider the future of Public Sector Pensions, by taking into account our obligations to provide public services and related spending commitments, that in doing so evidence be taken from any interested party and that recommended options for change be reported by November 2016; That detailed government revenue and expenditure plans are required before any changes to the public sector pension schemes can be considered and agreed; And that in the interim period and until matters are concluded, the Employers contribution to meeting Pension liabilities from revenue is limited to 15% of the Public Sector Salary Bill with the funding gap being met from the Public Sector Pension Reserve. Mr Cannan That Standing Order 1.2(2) be suspended to enable item 11 to be completed that evening. Mr Cregeen Motion lost. 7

8 The Court rose and adjourned to Wednesday 22 nd June Debate resumed. Wednesday 22 nd June 2016 Amendment moved After the words Endorses the proposals for reform of the Tynwald Members Scheme (part 5.1 of the report) to insert the words and believes that the Public Sector Pensions Authority should review the option of a defined contribution scheme for Tynwald Members in the light of the proposed workplace private sector pension reforms; and that it should report back by July Mr Harmer Amendment moved In Mr Cannan s Amendment, to leave out the words November 2016 and insert the words February Mr Thomas Mr Thomas amendment Motion lost. Mr Cannan s amendment Motion lost. Mr Harmer s amendment Motion lost. 12. Climate Challenge Mitigation Strategy Motion not made. 8

9 13. Tynwald Honours Committee That the Tynwald Honours Committee First Report for the Session [PP No 2016/0099] be received and the following recommendations be approved Recommendation 1 That Tynwald approves the following for inclusion in the Manx Patriots' Roll of Honour: a. Robert Fargher ( ) b. James Brown ( ) c. Samuel Norris MHK MLC ( ) Recommendation 2 That Tynwald approves the creation of a Manx Patriots Roll of Honour Board, prominently located, as an alternative to commemorative plaques. Recommendation 3 That Tynwald approves the creation of a Tynwald Honour Board, prominently located close to the Manx Patriots' Roll of Honour Board. Mr Speaker 14. First time buyer arrangements at Harcroft Meadow That the Report of the Select Committee on the First Time Buyer Arrangements at Harcroft Meadow (Petition for Redress) [PP No 2016/0054] be received and that the following recommendations be approved Recommendation 1 That the Housing Division of the Department of Infrastructure should review its documents and records management policy in the light of the Harcroft Meadow experience, and report to Tynwald. Recommendation 2 That Tynwald calls on all Departments and Boards, when entering contracts with other parties, to take such steps as are reasonable to encourage all contracting parties to obtain proper advice. 9

10 Recommendation 3 That no concession should be made to the petitioners. Mr Anderson Amendment moved To leave out Recommendation 3 and add at the end the words: That Tynwald is of the opinion that the Department of Infrastructure should compile a list of persons who before the end of 2002 purchased a property at Harcroft Meadow from the developer J G Kelly subject to a preemption condition in favour of the Department of Local Government and the Environment and who at the time of this resolution still own that property; and that the Department of Infrastructure should make an offer to each person on that list to vary the agreement entered into at the time of purchase to the effect that the pre-emption condition shall expire on 1st January 2017 and that the owner shall from that date onwards be free to sell the property on the open market. Mr Malarkey Amendment lost. European Communities (Isle of Man) Act 1973 Motions made 16. That the European Union (North Korea Sanctions) (Amendment) (No.2) Order 2016 be approved [SD No 2016/0177]. 17. That the European Union (North Korea Sanctions) (Amendment) (No.3) Order 2016 be approved [SD No 2016/0190]. Mr Shimmin Item 16 Item 17 10

11 18. Cremation Act 1957 That the Cremation (Fees) Regulations 2016 be approved [SD No 2016/0152]. Mr Ronan 15. Gambling Supervision Act 2010 The Minister for the Treasury to move That Tynwald approves of the Treasury s appointment of Mr Howard Robert Callow as a Member of the Gambling Supervision Commission. Mr Teare 19. Disability Discrimination Act 2006 That Tynwald approves the Disability Discrimination (Guidance and Code of Practice) (Appointed Day) Order 2016 [SD No 2016/0167]. Mr Quayle 20. Rehabilitation of Offenders Act 2001 That the Rehabilitation of Offenders Act 2001 (Exceptions) (Immigration and Nationality) Order 2016 be approved [SD No 2016/0150]. Mr Watterson 21. Highways Act 1986 Motion not made. 22. Income Tax Act 1970 The Minister for the Treasury to move That the Taxes (British Virgin Islands) Order 2016 be approved [SD No 2016/0165]. 11 Mr Teare

12 23. Customs and Excise Act 1993 That the Export Control (Iran Sanctions) Order 2016 be approved [SD No 2016/0159]. Mr Teare 24. Representation of the People Act 1995 That the Elections Fees Order 2016 be approved [SD No 2016/0176]. Mr Teare 25. Social Security Act 2000 That the Social Security Legislation (Benefits) (Application) Order 2016 be approved [SD No 2016/0118]. Mr Henderson 26. Social Security Act 2000 That the Social Security Legislation (Benefits) (Application) (No.2) Order 2016 be approved [SD No 2016/0119]. Mr Henderson 27. Social Security Act 2000 That the Retirement Pension (Premium) (Amendment) Order 2016 be approved [SD No 2016/0161]. Mr Henderson 12

13 28. Suspension of a Member Tynwald considers that it is undemocratic for the suspension of a Member to continue if a fresh mandate is given; it therefore calls for Standing Order 4.3A of the Schedule to be referred to the Standing Orders Committee for review. Mr Karran Amendment moved To insert after the words Tynwald considers that the words it may be perceived that. Mr Speaker Amendment carried. 29. Architecture, built environment & built heritage That Tynwald welcomes the formation of the Building Conservation Forum and the launch of the Isle of Architecture by Culture Vannin and Manx National Heritage; notes the humble petition of Mr Charles Guard regarding the Government s stewardship of the historic built environment, which he presented on 6 th July 2015 at Tynwald Hill; and encourages the review of Government strategies, plans and policies to raise the quality of the Island s architecture and built environment, including those aimed to conserve its built heritage. Mr Thomas 30. Referendum That Tynwald resolves that a referendum be held in the Island under the Referendum Act 1979 to ascertain whether only directly elected members of Tynwald (other than the President) should vote on legislation and resolutions relating to finance; and further is of the opinion that the referendum should take place on 22 nd September Mr Thomas 13

14 That under Standing Order 3.16 the question be now put. Closure motion carried. Mr Singer Item 30 lost. 31. Members conduct The Hon. Member for Douglas West (Mr Thomas) to move That Tynwald Standards and Members Interests Committee should reconsider the application of the principles governing members conduct to members working relationships with public servants in Government, local authorities and other public bodies, and evaluate the introduction of a) a code of conduct b) a schedule of penalties and c) a recall election procedure; and report by January 2017 with recommendations. Mr Thomas That this debate be adjourned to November Adjournment lost. Mr Speaker 32. Dependability Motion not made. Sitting suspended while Madam President vacated the Chair. Sitting resumed with Mr Deputy President in the Chair. 14

15 33. Insurance and Pensions Authority That the matter of the supervision and regulation by the former Insurance and Pensions Authority of the Domestic Appliance Insurance Limited and successor companies, which were linked to Scottish Power, be referred to the Public Accounts Committee for examination and report. Mrs Beecroft Motion lost. Sitting suspended while Mr Deputy President vacated the Chair. Sitting resumed with Madam President in the Chair. 34. Ferry services Motion not made. Outgoing President Tributes were paid to the Hon Clare Margaret Christian, OBE, who had announced that she would retire at the conclusion of her term of office in July The Court adjourned at 8.22 pm. The Hon. Clare Margaret Christian President of Tynwald 15

TYNWALD. Tinvaal ORDER PAPER. Claare Obbyr. Tribunals Act Tribunals Act 2006 (Amendment) (No. 2) Order 2007 [SD No 834/07]

TYNWALD. Tinvaal ORDER PAPER. Claare Obbyr. Tribunals Act Tribunals Act 2006 (Amendment) (No. 2) Order 2007 [SD No 834/07] PP89/07 TYNWALD Tinvaal 1. To lay before the Court - ORDER PAPER Claare Obbyr DOUGLAS TUESDAY 16 th OCTOBER 2007 at 10.30 am European Communities (Isle of Man) Act 1973 - European Communities (Iran Sanctions)