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1 H O U S E O F K E Y S O F F I C I A L R E P O R T R E C O R T Y S O I K O I L Y C H I A R E A S F E E D P R O C E E D I N G S D A A L T Y N HANSARD Douglas, Tuesday, 6th February 2018 All published Official Reports can be found on the Tynwald website: Supplementary material provided subsequent to a sitting is also published to the website as a Hansard Appendix. Reports, maps and other documents referred to in the course of debates may be consulted on application to the Tynwald Library or the Clerk of Tynwald s Office. Volume 135, No. 10 ISSN Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. Court of Tynwald, 2018

2 Present: The Speaker (Hon. J P Watterson) (Rushen); The Chief Minister (Hon. R H Quayle) (Middle); Mr J R Moorhouse and Hon. G D Cregeen (Arbory, Castletown and Malew); Hon. A L Cannan and Mr T S Baker (Ayre and Michael); Hon. C C Thomas (Douglas Central); Miss C L Bettison and Mr C R Robertshaw (Douglas East); Hon. D J Ashford and Mr G R Peake (Douglas North); Hon. W M Malarkey (Douglas South); Mr M J Perkins (Garff); Hon. R K Harmer (Glenfaba and Peel); Mr W C Shimmins (Middle); Mr R E Callister and Ms J M Edge (Onchan); Dr A J Allinson and Mr L L Hooper (Ramsey); Hon. L D Skelly (Rushen); with Mr R I S Phillips, Secretary of the House. 440 K135

3 Business transacted Leave of absence granted Mortgage relief for residents Policy review External review of Health Service Terms of reference Isle of Man Freeport Review of role and size Poverty Definition and measure Population and census figures Meeting the challenges Financial Directive 2 Action over non-compliance Education Support Centre Review of scope and purpose; budget GP registration and non-urgent healthcare Proof of residency Dentistry services Update on northern provision Home Affairs: Level 1 meetings Purpose, stakeholders and accountability Data strategy Management of data on Island Maternity and paternity leave Introduction of shared leave or statutory pay Questions for Written Answer Financial Directive 25 Treasury advice requested Retail tax Number of Manx registered companies paying Inflation from September 2016 Data using various measures Suspended students Number per school and suspension length in last five years DESC budget for last 10 years Allocation to schools, special educational needs and administration Student nurses Number in training and hours worked Order of the Day Bill for First Reading Data Protection Bill Motion Data Protection Bill 2018 Standing Order 4.6 suspended to take Second Reading Data Protection Bill 2018 Second Reading approved The House adjourned at a.m K135

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5 House of Keys The House met at a.m. [MR SPEAKER in the Chair] The Speaker: Moghrey mie, good morning, Hon. Members. 5 Members: Moghrey mie, good morning, Mr Speaker. The Speaker: I call on the Chaplain to lead us in prayer. PRAYERS The Chaplain of the House Leave of absence granted The Speaker: Hon. Members, I have given leave of absence this morning to Mrs Corlett and Mrs Beecroft who are both unwell, and to Mrs Caine and Mr Boot who are off-island on Government business. TREASURY 1.1. Mortgage relief for residents Policy review The Hon. Member for Onchan (Ms Edge) to ask the Minister for the Treasury: If he will review his Department s policy on mortgage relief for residents? The Speaker: We turn then to Questions for Oral Answer and Question 1. I call on the Hon. Member for Onchan, Ms Edge. Ms Edge: Thank you, Mr Speaker. Can I ask the Treasury Minister if he will review his Department s policy of mortgage relief for residents? The Speaker: I call on the Treasury Minister to reply. 20 The Minister for the Treasury (Mr Cannan): Mr Speaker, the current maximum allowable deduction on mortgage and loan interest relief is 5,000 per annum, or 10,000 in the case of a jointly assessed couple, restricted to the lower rate tax of 10%. As I stated in my Budget speech 443 K135

6 25 last year, this allowance remains generous, and whilst many of our competitor jurisdictions have or are looking to remove it, I am at present committed to retaining it. Therefore, I can confirm to the Hon. Member for Onchan that Treasury does not at this point intend to review the policy. The Speaker: Supplementary question? No External review of Health Service Terms of reference The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for the Treasury: If he will consult on the terms of reference for the external review of the Health Service to ensure that the key principles of the review are aligned with the public view of how the Health Service should function? The Speaker: Question 2 then. I call on the Hon. Member for Ramsey, Mr Hooper Mr Hooper: Thank you, Mr Speaker. I would like to ask the Minister for the Treasury if he will consult on the terms of reference for the external review of the Health Service to ensure that the key principles of the review are aligned with the public view of how the Health Service should function? The Speaker: I call on the Treasury Minister to reply. The Minister for the Treasury (Mr Cannan): Mr Speaker, in developing the detailed terms of reference for the independent review of healthcare, I am working closely with the Minister for the Department of Health and Social Care and his senior staff. In addition, as I reported in my speech to Tynwald last month on this matter, the observations made by Hon. Members on behalf of their constituents during the debate are being taken into account. Once we have the terms of reference, I will be in a better position to advise and judge what public input is required. The Speaker: Supplementary question, Mr Hooper. Mr Hooper: Thank you, Mr Speaker. Would the Treasury Minister accept that one of the terms of reference he outlined in his speech when moving the motion in that, asking Is the assumption of health services being largely free at the point of use? is more a political question rather than one of actual funding, and actually does he not feel the public have a right to have a say in that? The Speaker: Minister to reply. 55 The Minister: Mr Speaker, of course they would have a right to a say in anything that is put forward. That is exactly what he has been put in his position for. 444 K135

7 1.3. Isle of Man Freeport Review of role and size The Hon. Member for Arbory, Castletown, and Malew (Mr Moorhouse) to ask the Minister for the Treasury: Whether he is reviewing the role and size of the Isle of Man Freeport as part of Brexit preparations? The Speaker: We turn to Question 3 and I call on the Hon. Member for Arbory, Castletown and Malew, Mr Moorhouse Mr Moorhouse: Thank you, Mr Speaker. I would like to ask the Treasury Minister: whether he is reviewing the role and size of the Isle of Man Freeport as part of Brexit preparations? The Speaker: I call on the Treasury Minister to reply. The Minister for the Treasury (Mr Cannan): Mr Speaker, the Isle of Man Freeport is currently the name for the site at the side of the Airport. It does not operate as a type 1 free zone for customs, excise and VAT purposes. A free zone operates under stringent fortress-type rules and there has never been the appetite for this facility from Island businesses. Businesses handling imported goods have opted to operate under a variety of trade facilitation simplifications which enable the storing or temporary import and processing of goods under duty and VAT suspension without the need for the fenced-in area monitored by CCTV with customs officers controlling access. Whilst the advent of Brexit may encourage more businesses to seek trade facilitation measures such as customs warehousing and inward processing relief, I do not envisage that Brexit will create a demand to establish the Freeport area as a customs type 1 free zone. The Speaker: Supplementary question, Mr Moorhouse Mr Moorhouse: Thank you, Mr Speaker, and thank you, Minister. Given the special aspects of the site, would it be possible to actually move further in that direction even if it was not a full, complete move? The Speaker: Treasury Minister to reply. The Minister: Mr Speaker, yes, whilst the site is not operating as a type 1 free port or indeed a free zone, we do have the ability if needed to apply certain orders, if we so wish, to bring it forward into that type of status. POLICY AND REFORM 1.4. Poverty Definition and measure The Hon. Member for Onchan (Ms Edge) to ask the Minister for Policy and Reform: How poverty is defined and measured? 445 K135

8 The Speaker: Question 4 and I call on the Hon. Member for Onchan, Ms Edge. Ms Edge: Thank you, Mr Speaker. Can I ask the Minister for Policy and Reform how poverty is defined and measured? The Speaker: I call on the Minister for Policy and Reform to reply. The Minister for Policy and Reform (Mr Thomas): Thank you, Mr Speaker. The Hon. Member for Onchan has asked a rather broad Question. There are many possible definitions of poverty. For instance, with the UK having five definitions focused mostly around child poverty and the EU having three. Measurement can be done in several different ways but is mainly focused around household income compared to some form of equalised median income which can be calculated in different ways. There are issues around absolute versus relative poverty. It is obviously something to do with inequality and the provision of opportunity perhaps even equal opportunity and often equal opportunity is about dealing with aspects of deprivation. The Speaker: Supplementary question, Ms Edge. Ms Edge: Thank you, Mr President. The Minister mentioned there the average household income; can the Minister advise what this is for the Isle of Man? The Speaker: Minister to reply The Minister: Income was last assessed in and the results were published in line with the household income and expenditure survey. In April we will be carrying out 12 months of investigation to get at least 900 pieces of evidence. The average income depends on how you classify the average, whether it is the median or the mean. Every year we look at earnings, which is different from income because there are many other parts. So the answer to your question is even if I could have every fact in the Isle of Man in my head which I try to have a great number (A Member: We know!) (Laughter) I could not give you every single one of those at the moment. The Speaker: Supplementary question, Mr Hooper Mr Hooper: Thank you, Mr Speaker. The Minister kindly outlined that the UK has a number of different measures of poverty. One of those measures is a measure of fuel poverty. Can he please advise whether the Isle of Man has a definition for fuel poverty? The Speaker: I call on the Minister for Policy and Reform to reply. The Minister: Yes, the Isle of Man does have a definition for fuel poverty. This looks like a set up question, but again it was just a random question. In December 2015, the Fuel Poverty in the Isle of Man document was published by Economic Affairs. There is a definition in that which is basically applying the UK definition of fuel poverty which relates to 60% of median income. Basically the number of people in the Isle of Man who are in fuel poverty was about half that in the UK at that time. But the figure depends on the price of energy, it depends on the income of people. What the last Minister for Policy and Reform did to me (Laughter) was he concluded that the next Minister for Policy and Reform would have to take on the (Laughter) for that aspect. I 446 K135

9 think it was me who asked the question about fuel poverty just before that report was published. Recently I have had a chance to work with Treasury officers, social care officers the Treasury ones being from Social Security and we are building on some excellent work that the third sector had done in terms of charities dealing with cold, hunger and homelessness. We are beginning to do some excellent work to come forward with positive actions to make things better, in terms of making sure that everybody has got the right roof over their head, and if you have the right roof over your head you are less likely to have issues with cold and hunger. I hope that we can be reporting more positive news like that about the actions that we will be taking to this place or upstairs later. The Speaker: Supplementary question, Ms Edge Ms Edge: Thank you, Mr Speaker. The Minister said that he is doing a household review I think he said of 900 properties, but if he could come back to the House with what the current average income per household is, because obviously we have got that figure. So if he could come back with that. Also if we are talking about median wage on the Isle of Man, I think the Minister has said in previous speeches that its average is 537 a week, which would be 27,924 per annum, but the living wage on the Isle of Man is around about 16,795. So I am interested as to how the Minister is going to define these people who are perhaps in these lower brackets that could be on the poverty level. The Speaker: Minister to reply. The Minister: I will not be circulating any information to Members, because obviously each year Government publishes very useful information. We have a publication called Isle of Man in Numbers 2017 and shortly, in the coming months, we will be publishing Isle of Man in Numbers That has very clear information about earnings, income, the household income; and the expenditure survey for four years ago, five years ago is up there on the web. We will be making everything available. So I will listen again to exactly what the Hon. Member asked and then I will send her a private with reference to all of the public information. The Speaker: If it is of any help, the median last February was 537 a week. The Minister: Thank you Population and census figures Meeting the challenges The Hon. Member for Onchan (Ms Edge) to ask the Minister for Policy and Reform: Further to his statement in March 2017 with regard to the Government response to the 2016 census figures, when he will present a white paper on meeting population challenges? The Speaker: We turn then to Question 5 and I call on the Hon. Member for Onchan, Ms Edge. 180 Ms Edge: Thank you, Mr Speaker. 447 K135

10 Can I ask the Minister for Policy and Reform: further to his statement in March 2017 with regard to the Government response to the 2016 census figures, when he will present a white paper on meeting the population challenges? The Speaker: I call on the Minister for Policy and Reform to reply. The Minister for Policy and Reform (Mr Thomas): Thank you very much, Mr Speaker. The white paper entitled Meeting our Population Challenges should be published in February 2018, subject to approval by the Council of Ministers either just before or just after the Budget. The Speaker: Supplementary question? No. Okay, Question 6 Oh, sorry, Mr Shimmins, Member for Middle, supplementary question Mr Shimmins: Thank you, Mr Speaker. Will the Minister for Policy and Reform also publish the work that his Department was doing in terms of intergenerational fairness at the same time? Previously he had used that additional work as justification for the delays in this population paper. The Speaker: Minister to reply. The Minister: Thank you very much, Mr Speaker, and to the hon. questioner. As Mr Speaker alluded to, we have an Annual Earnings Survey. The work on the 2017 Annual Earnings Survey is now complete and it would be helpful, I believe, to publish that earnings survey. We have measures of confidence in the Isle of Man business community, we also have work on intergenerational fairness and population issues; and you never know, it might well be possible to publish both of those in coming weeks Financial Directive 2 Action over non-compliance The Hon. Member for Onchan (Ms Edge) to ask the Minister for Minister for Policy and Reform: What action is taken if a Chief Officer does not comply with Financial Directive 2? The Speaker: Question 6. I call on the Hon. Member for Onchan, Ms Edge Ms Edge: Thank you, Mr Speaker. Can I ask the Minister for Policy and Reform: what action is taken if a Chief Officer does not comply with Financial Directive 2? The Speaker: I turn again to the Minister for Policy and Reform to reply. The Minister for Policy and Reform (Mr Thomas): Thank you, Mr Speaker. Financial Directive 2 of the Financial Regulations sets out the role and responsibilities of accounting officers in relation to the management of resources within the control of the designated body. This includes, amongst other things, governance, financial management, advice to Ministers and the procedures for seeking a direction. If it is suspected that an accounting officer breaches the requirements of FD2 or any other financial direction, the 448 K135

11 Financial Regulations provide that the matter should be reported directly to the Director, Audit Advisory Division The Speaker: Supplementary question, Ms Edge. Ms Edge: Thank you, Mr Speaker. Under these Regulations, which is section 3 of the Treasury Act 1985, it states that one of the primary aims is to supervise and control all matters relating to the financial affairs of the Government. I thank the Minister for pointing out what is in FD2, which does say governance and it does say financial management. Under one of the financial management bullet points it states that a financial accounting officer plans the use of its resources to be affordable and sustainable and within Tynwald-approved limits. I think we are all aware that before this Court we have had issues that have not been within that, so what is the Minister going to do in those situations? The Speaker: Not sure whether that is particularly within the Minister s competence, but Minister to reply The Minister: I have got the Financial Regulations in front of me. They are comprehensive; they are very precise. Treasury is responsible for Treasury Act 1985 compliance. It seemed to me, from hearing that, the hon. questioner has roughly summarised accurately the legal situation and the basis on which the Regulations are made. If there are any suspicions or allegations, they should be reported inside those arrangements and then the director responsible will investigate the suspected breach and make recommendations accordingly. The Speaker: Supplementary question, Ms Edge Ms Edge: Thank you, Mr Speaker. It is not so much that there has been a breach; I think it is more the governance and who is actually and I brought this up last week with regard to appraisals of these accounting officers. Can the Minister confirm that within that, if there are any operations outside of anything being approved by the Tynwald limits, he will be looking at that through that process? The Speaker: Minister to reply. The Minister: I will not be looking at it but Treasury have systems in place. I am fully confident and happy that these things are adequate, so if there is a breach of directives that is confirmed the Director may make recommendations to regularise the position or for disciplinary procedures to be invoked. Disciplinary action is likely only in cases where there has been wilful disregard of the Regulations. If the breach is sufficiently minor not to warrant entry into the formal disciplinary procedures the matter would normally be dealt with informally; the officer would be reminded of the standards required and requested to ensure compliance in future. So, in summary, there are procedures. This Minister is saying on the floor of this House that I am happy that those procedures are at work and are applied properly. 449 K135

12 EDUCATION, SPORT AND CULTURE 1.7. Education Support Centre Review of scope and purpose; budget The Hon. Member for Onchan (Ms Edge) to ask the Minister for Education, Sport and Culture: When the last review of the scope and purpose of the Education Support Centre was carried out; and what the current budget for the facility is? The Speaker: Question 7, then, and I call on the Hon. Member for Onchan, Ms Edge Ms Edge: Thank you, Mr Speaker. Can I ask the Minister for Education, Sport and Culture when the last review of the scope and purpose of the Education Support Centre was carried out; and what the current budget for the facility is? The Speaker: I call on the Minister for Education, Sport and Culture, to reply. The Minister for Education, Sport and Culture (Mr Cregeen): Thank you, Mr Speaker. The Education Support Centre (ESC) serves to maintain vulnerable children and young people in mainstream education when affected by social, emotional, behavioural issues. This is a role the ESC has successfully fulfilled for a number of years and the demand for the service has remained constant over that period. As such, the ESC has a positive impact on the lives of pupils who are in great need and will continue to play this role in the foreseeable future. In terms of the scope of the ESC work, this is under constant review within the Inclusion and Safeguarding Division not least because ESC forms part of a continuum of provision for pupils. For example, my officers and ESC management frequently review the centre s caseload, service delivery model, staff training needs and budget requirements. The ESC s budget allocation is 546,879. The Speaker: Supplementary question, Ms Edge Ms Edge: Thank you, Mr Speaker. That seems quite a small amount of money for what they are actually dealing with. However, can the Minister advise the actual contact time per week for each student that is referred there? What is the allocated contact time? The Speaker: Minister to reply. The Minister: I am sorry, Mr Speaker, it was outside the remit of the Question. If the questioner had indicated earlier I could have had those figures for her The Speaker: Supplementary question, Ms Edge. Ms Edge: Thank you, I will look forward to the Minister coming back with those figures. Does the Minister believe that the inclusivity policy in the Department is working? And the ESC strategic plan, with regard to budgets? All of our schools have a budget to refer students to the ESC: is it possible that he could look at this and the amount of money that is spent annually across the service, and is he considering? 450 K135

13 The ESC when it was originally set up was for children and the stages that were in place at that point were Stage 1 to Stage 4+. I believe that there are children below 4 and 4+ going in there and perhaps it is not the best use of resources. So can the Minister look at reviewing the policy on the ESC and whether he considers that due to the challenges that the schools all have now, they should be considering a pupil referral unit rather than just a general broad ESC? The Speaker: A wide-ranging question there, Minister. (Ms Edge: Sorry!) Reply, sir. The Minister: It is! Thank you, Mr Speaker. Yes, the budget is reviewed and it has increased over the years but I think the Hon. Member may be confusing the budgets within the schools and the ESC budget itself. There is a different area. But if she has got any specific issues I am more than happy to talk them over with her. I did speak to the Director of Inclusion and Safeguarding last night. They work with the Link Advisers, with the schools; so it is, like I said previously, under constant review. But I am more than happy to pick up individual issues if the Member wishes to. HEALTH AND SOCIAL CARE 1.8. GP registration and non-urgent healthcare Proof of residency The Hon. Member for Onchan (Ms Edge) to ask the Minister for Health and Social Care: What proof of residency patients need to produce to register with a GP or to receive nonurgent treatment at Noble s Hospital? The Speaker: We turn to Question 8 and again I call on the Hon. Member for Onchan, Ms Edge. Ms Edge: Thank you, Mr Speaker. Can the Minister for Health and Social Care advise what proof of residency patients need to produce to register with a GP or to receive non-urgent treatment at Noble s Hospital? The Speaker: This time I turn to the Minister for Health and Social Care to reply. The Minister for Health and Social Care (Mr Ashford): Thank you, Mr Speaker. The National Health Service Act 2001 requires the Department of Health and Social Care to provide health services to all of the people of the Island. This includes people who are ordinarily resident and visitors as well. Patients who attend a GP practice in the Isle of Man are not required to provide proof of residency; they are, however, required to register with that practice. GP practices routinely question new patients in relation to the length of their intended stay on the Island and they ask the patient to confirm that they reside within the practice catchment area. The Isle of Man has a GP patient registration system which is connected to the United Kingdom GP registration system. This ensures that any patients moving between the Island and the UK will not be able to be registered as a permanent patient in both locations at the same time. It is very rare for non-resident patients to be referred to Noble s Hospital for non-urgent treatment. However, if a patient who has an off-island address is referred by a GP practice, or a 451 K135

14 patient who is not resident on the Island is transferred from A&E on to a hospital ward, this would be flagged up by hospital staff to the Overseas Visitors team. The team will complete a questionnaire with the patient and ascertain whether they are eligible to continue to receive free treatment. This would include asking for some proof of residency. The Speaker: Supplementary question, Ms Edge. Ms Edge: Thank you, Mr Speaker. Can the Minister advise how many patients are currently registered within our GP practices? The Speaker: Minister to reply, if you have that figure. The Minister: Thank you, Mr Speaker. As of 31st December 2017 the figure was 87,481. I should state, in saying that, that it is not unusual for there to be more patients registered than the number of residents recorded through the census. Periodically we go through the list of validation to identify what we term ghost patients people who may have passed away or people who may have left the Island so, as an indication for the Hon. Member of the Hon. House, for instance, in the quarter that ended on 31st December 2017 there were 1,345 additions in the quarter but there were equally 1,365 deductions. The Speaker: Supplementary question, Ms Edge Ms Edge: Thank you, Mr Speaker. I am sure the Minister is aware that in the UK under the NHS it is required for a resident to have proved to have been resident for three months before the GPs will take them and register them. I am sure he is aware of that, so if he could just indicate what he is going to do about that. Another concern is: can he confirm whether any of our pharmacies on the Island are accepting prescriptions outside of our jurisdiction? The Speaker: Minister to reply. The Minister: Thank you, Mr Speaker. In relation to the three months in the UK, I can confirm that if a patient intends to stay in the Isle of Man for less than three months the GP practices register them as a temporary resident; they are not registered as a permanent resident. These sorts of patients would not routinely be referred to Noble s Hospital by the GPs for non-urgent treatment. In relation the prescriptions, I will have to have that looked at, Mr Speaker Dentistry services Update on northern provision The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Health and Social Care: If he will provide an update on the provision of dentistry services in the north of the Island? 385 The Speaker: Question 9 and I turn to the Hon. Member for Ramsey, Mr Hooper. Mr Hooper: Thank you, Mr Speaker. 452 K135

15 I would like to ask the Minister for Health and Social Care If he will provide an update on the provision of dentistry services in the north of the Island? The Speaker: I call on the Minister for Health and Social Care to reply. The Minister for Health and Social Care (Mr Ashford): Thank you, Mr Speaker. There are two practices delivering NHS dental services in the north of the Island. These practices are Grove Mount Dental Practice and Smile Dental Care. Following the resolution of a recruitment difficulty, I am advised that both practices are now fully staffed. This allowed Smile to recently be able to open its list to new NHS patients, but demand meant that the practice had to close their list again last week. The Speaker: Supplementary question, Mr Hooper. Mr Hooper: Thank you, Mr Speaker. I am glad the Minister referenced demand there. Is the Minister aware that whilst the south of the Island and the north of the Island have very similar population numbers and very similar population demographics, the south of the Island has just over 36,000 Units of Dental Activity (UDAs) of NHS dentistry available compared to just over 15,000 in the north, so there is twice as much NHS dentistry in the south of the Island as there is in the north. Can the Minister please advise what it is he is doing to correct that imbalance? The Speaker: Minister to reply. The Minister: Firstly, Mr Speaker, following on from my first Answer there, I can point out that the recruitment has allowed for 293 new patients to be registered over a two-week period, from 15th January, with the practices. In relation to additional dental services in the north I can also point out that there is a current procurement exercise for delivery of NHS dental services. While I accept that the focus of these delivery services are currently on the Douglas area, the actual location of the additional services is dependent on the tender responses received, so it may well be that there can be further provision from that process provided in the north. The Speaker: Supplementary question, Dr Allinson. Dr Allinson: Thank you, Mr Speaker. I would like to thank the Minister for reaffirming that Smile Dental Surgery is now fully complemented after a long period of time of low staffing levels. Is he aware that many patients in the north not just in Ramsey but in the surrounding areas are having to be registered with practices down south, sometimes quite a long distance away for elderly residents? Will he give an undertaking that eventually, when recruitment is increased, those people will be offered the chance to have local services provided by the local dentist? The Speaker: Minister to reply. The Minister: Thank you, Mr Speaker. It is very important that we do offer local services as and where we can. In the medium-term the Department will be reviewing the form of the NHS dental contract and one of the aims of any new contract will be to increase access across all services in all areas of the Island. The Speaker: Supplementary question, Mr Baker. Mr Baker: Thank you, Mr Speaker. 453 K135

16 I appreciate this is from before the Hon. Minister took his position can he comment on the understanding that the issues around discontinuity around dental services have been caused by the fact that the Department was contracting with individual practitioners rather than practices as a whole and that when people retired that effectively brought an end to that contract. If that is true, can he assure this Hon. House that that practice will not continue and that the contracts are established with the practices rather than individuals? The Speaker: Minister to reply The Minister: Thank you, Mr Speaker. As I just said in the previous answer the Department will be reviewing the way that the NHS contracts run in the medium-term. I think it is important that we look at issues such as the Hon. Member has raised, and I will make sure that does form part of the process. The Speaker: Supplementary question, Mr Hooper. Mr Hooper: Thank you, Mr Speaker. I would just like to clarify something the Minister has said. He said that there is an additional service in the north that is incorrect; it is simply that the service that was previously being provided is now back up to full capacity, essentially. I am also glad he is expanding services in Douglas, I am not entirely sure how he is defining the north of the Island there, but I would like to thank him for that. My question originally was about the number of UDAs because NHS dentists only get paid for the NHS work they do based on the number of UDAs in their contract. So the fact that there is twice as much available NHS funding directed at the south of the Island compared to the north, when there are similar populations, similar demographics, similar numbers my question really goes back to how is he going to ensure that there is adequate dental provision in the north and that the funding is going to be directed to where the people actually need it? The Speaker: Minister to reply. The Minister: Thank you, Mr Speaker. As I have said, the contracts will be being looked at and part of that a major part of that will be looking at demand. The Speaker: Supplementary question, Mr Shimmins. Mr Shimmins: Thank you, Mr Speaker. Would the Minister agree that many people from the north of the Island work in Douglas and the east and it may be more convenient for them to visit dentists near their work place in Douglas? The Speaker: A bit of conjecture there, (Laughter) Minister The Minister: I am sure there are people that fall into that category, Mr Speaker. The Speaker: Supplementary question, Mr Baker. Mr Baker: Thank you, Mr Speaker. Would the Minister agree with me that wherever people from the north choose to work it should be for them to choose where their dentistry and other services are provided, not for 454 K135

17 them to be forced (Mr Boot: Hear, hear.) (Laughter) to choose an alternative service due to the Department s lack of provision? A Member: Hear, hear. The Speaker: I feel we are heading off in a particular direction; we will bring this Question to a close, but Minister to reply. The Minister: Thank you, Mr Speaker. Once again, I am not sure there is much I can argue with. HOME AFFAIRS Home Affairs: Level 1 meetings Purpose, stakeholders and accountability The Hon. Member for Onchan (Ms Edge) to ask the Minister for Home Affairs: What Level 1 meetings are, which stakeholders are involved in them, and who has overall accountability for them? The Speaker: Question 10, and I call on the Hon. Member for Onchan, Ms Edge. 505 Ms Edge: Thank you, Mr Speaker. Can I ask the Minister for Home Affairs what Level 1 meetings are, which stakeholders are involved in them, and who has overall accountability? The Speaker: I call on the Minister for Home Affairs to reply The Minister for Home Affairs (Mr Malarkey): Thank you, Mr Speaker. The Hon. Member is referring to the operational meetings that the Isle of Man Constabulary holds at local levels with the local authorities and other bodies in order to identify problems of crime, anti-social behaviour and other issues that affect public safety, and to identify possible solutions. The meetings do not have a statutory basis and are entirely operational in nature which means that they fall under the responsibility of the Chief Constable. In this connection the Chief Constable would be more than happy to meet with the Hon. Member for Onchan to discuss any views or concerns she may have about any operational policing matters. The Speaker: Supplementary question, Ms Edge. Ms Edge: Thank you, Mr Speaker; and thank you to the Minister for the offer to meet with the Chief Constable, which I would be delighted to accept. Does the Minister agree that perhaps if we are sharing information with local authorities and other bodies, there should be some statutory I am not saying legislation, but there should be a statutory board of some sort in place to ensure that these meetings are recorded and there is good governance? The Speaker: Minister to reply. 455 K135

18 The Minister: Thank you, Mr Speaker. The matter of minuting meetings is entirely up to the office of the Chief Constable as to the importance of the meetings being minuted. But all meetings fall in line with the Data Protection Act and they are quite happy that all forms of protection are offered. Some meetings are very small ones and some are more major ones, as the Hon. Member will understand, but these are totally operational issues and are reported back to the Chief Constable it is not a political issue that I can get involved in. POLICY AND REFORM Data strategy Management of data on Island The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Policy and Reform: Whether the Island has a data strategy or a strategic approach to the way data is or can be held and managed on the Island? The Speaker: Question 11, and I turn to the Hon. Member for Ramsey, Mr Hooper. 540 Mr Hooper: Thank you, Mr Speaker. I would like to ask the Minister for Policy and Reform whether the Island has a data strategy or a strategic approach to the way data is or can be held and managed on the Island? The Speaker: I call on the Minister for Policy and Reform The Minister for Policy and Reform (Mr Thomas): Thank you, Mr Speaker. As the Hon. Member for Ramsey is a Member of the Department I acknowledge the shared responsibility for this sort of information. I would say that we as an Island have many strategic advantages in terms of our ability to nurture and grow an economic sector based on the use of data; in particular, our constitutional position is a primary advantage, alongside a stable and reliable power supply, excellent telecoms infrastructure and world-class data centres. However, I am pleased to say that one of the enablers for any strategic approach to the use of data as a commodity in terms of economic growth, is robust data protection legislation that is internationally recognised. On that basis I hope that the Hon. Member will support the Council of Ministers Data Protection Bill when it comes forward for its First and I hope also Second Readings later on during the sitting of this Hon. House. The Speaker: Supplementary question, Mr Hooper Mr Hooper: Thank you, Mr Speaker. I am glad the Minister referenced the Data Protection Bill there. Can he advise whether or not this Data Protection Bill that is coming forward forms part of a well-thought-out and prepared Island strategy on data, or if it is simply being put together as we muddle through? The Speaker: The Minister to reply. The Minister: No, no, no! Thank you, Mr Speaker. No muddling here! (Laughter) 456 K135

19 The European Union has been working on data protection legislation for 10 or 12 years; the United Kingdom has been working on data protection legislation for about half that time, I believe; and so has the Isle of Man we have been monitoring. We have a unique constitutional position: we are outside the EU, it is absolutely paramount for the Isle of Man and for its business sector that we maintain equivalence, and that we continue to have adequacy in terms of European Union data protection. It is my understanding that the Department of Economic Development has long had a strategy for digital, that is enhanced by the creation of the private-public partnership, the Executive Agency for digital, and I think that great way of working in the past can continue in the future encompassing a wellthought-through data protection framework Maternity and paternity leave Introduction of shared leave or statutory pay The Hon. Member for Ramsey (Mr Hooper) to ask the Minister for Policy and Reform: Whether he has any plans to better align maternity and paternity leave, to introduce shared leave, or to introduce statutory maternity or paternity pay? The Speaker: We turn to Question 12. I call on the Hon. Member for Ramsey, Mr Hooper. Mr Hooper: Thank you, Mr Speaker. I would like to ask the Minister for Policy and Reform whether he has any plans to better align maternity and paternity leave, to introduce shared leave, or to introduce statutory maternity or paternity pay? The Speaker: I call on the Minister for Policy and Reform to reply. The Minister for Policy and Reform (Mr Thomas): Thank you very much, Mr Speaker. I think I will answer this Question as Chair of the Legislation Committee because the Department for Enterprise, of which the Hon. Member for Ramsey is a member, is responsible for employment law, while the Social Security Division of the Treasury has responsibility for policy in respect of any statutory maternity or paternity payment systems which the Island might or might not adopt. So while these issues are not for the Cabinet Office to determine, as such, they are of considerable public importance and therefore I am happy to answer the Hon. Member s Question and indeed welcome it. Let me start by explaining the Island s existing maternity, adoption and paternity rights and benefits. It was briefly in there but I do not think this Answer is particularly brief, in fact. Female employees are entitled to at least 26 weeks unpaid ordinary maternity leave and if they have 26 weeks continuous employment with their employer, up to 26 weeks unpaid additional maternity leave. As regards payment, they are entitled to up to 39 weeks maternity allowance at a maximum of a week from the Treasury, provided they meet the qualifying conditions. People who are adopting a child have similar rights to adoption leave and adoption allowance in the Island. Employees are entitled to one or two weeks unpaid paternity leave in connection with birth or adoption, provided they have 26 weeks continuous employment, and paternity allowance at a maximum of a week, as long as they meet the qualifying conditions. Of course employers are free to make their own arrangements in addition to the leave and pay their workers are entitled to under the law. 457 K135

20 Turning to the first part of the Question, which concerns shared leave, it has been the case since December 2014 in the United Kingdom that a mother who is entitled to statutory maternity leave is allowed to curtail that entitlement so that she can share the balance of the leave with the child s other parent. Whilst the take-up of shared leave has been very limited it seems around 3% the Department for Enterprise nevertheless would support its introduction in the Island because of its potential to boost gender equality in the workplace. The Department has considered making provision for shared leave in the employment law aspects of the Equality Bill, but in the end it was not included in that Bill as the Bill was already large and complex, with 170 clauses and 20 Schedules, from memory. Subject to consultation, the Department does, however, plan to include shared leave in its next Employment Bill. Turning to the second part of the Question, statutory maternity and paternity pay are payments made by employers in the United Kingdom to employees on maternity or paternity leave from work in most circumstances. Their possible introduction in the Island has been previously considered; however, it was decided not to do so mainly on the grounds that the cost to employers in implementing such payments could have a detrimental effect on employers in the Island and indirectly on the very employees who had qualified for the payments. As I have mentioned, maternity allowance and paternity allowance are payable in the Island. Although it is accepted that there are some advantages to statutory payments over Social Security allowances, there are no current plans to introduce statutory maternity or paternity pay in place of maternity and paternity allowance in the Island. However, if shared parental leave were introduced in the Island then consideration would be given to introducing a new Social Security allowance payable to people on shared parental leave. The issue is therefore not one which can be considered in isolation by one Department. Any changes would affect individuals and businesses, and as with all changes, there would be winners and losers. In conclusion, the Legislation Committee does not currently have that Employment Bill scheduled in coming years, but if it is something that is important either to enterprise or to people, we can revisit that situation for two or three years hence. The Speaker: I have not seen any indication of supplementaries, but I would remind the Minister that under Standing Order 3.6(2)(b) there is the facility 24 hours ahead of a Question to circulate long Answers and that is obviously of great use to Members. We turn then to Item 2, Questions for Written Answer and they will be circulated in due course. 458 K135

21 2. Questions for Written Answer TREASURY 2.1. Financial Directive 25 Treasury advice requested The Hon. Member for Onchan (Ms Edge) to ask the Minister for the Treasury: How many times advice has been requested by Accounting Officers on Financial Directive 25 since its introduction; and how many officers work in the team providing such advice? The Minister for the Treasury (Mr Cannan): FD25(12) of the Isle of Man Government Financial Regulations requires Accounting Officers to submit appropriate documentation to the Assessor of Income Tax for review before any payment is made to a consultant. Where the Assessor is content that a contract for service (external organisation or self-employed individual) is in place, approval may be given for gross payments to be made to the consultant. Where the Assessor rules that a contract of service (employed individual, office holder or personal service company) is in place, instructions will be given to the Accounting Officer regarding the deduction of ITIP and National Insurance contributions from payments made to the individual or entity. Whilst the Assessor does not maintain a record of the number of approaches made under the above, I can confirm that there is a single point of contact in the Income Tax Division for any such requests. Based on the details provided and/or advice sought, judgement is applied on a case by case basis as to the extent of additional information required in order that the correct treatment can be applied Retail tax Number of Manx registered companies paying The Hon. Member for Onchan (Ms Edge) to ask the Minister for the Treasury: How many companies paying retail tax are Manx registered? The Minister for the Treasury (Mr Cannan): The Assessor of Income Tax is concerned, given the small number of companies that fall into this category, that by supplying precise numbers it may be possible for assumptions to be made as to the possible recognition of certain companies. Therefore, given the provisions of section 106 of the Income Tax Act 1970 which ensures that taxpayer data is held in the strictest confidence by the Assessor, she is not prepared to release such information to me. However, I can confirm that all corporate taxpayers who carry on retail business in the Isle of Man and have a taxable profit of more than 500,000 from such business are subject to a 10% rate of Income Tax irrespective of whether or not they are Manx registered. Full details of the application of the 10% rate of Income Tax for resident and non-resident corporate taxpayers on retail business in the Isle of Man is contained in Practice Note 181/13 published on the Income Tax Division s website on 22nd March K135

22 POLICY AND REFORM 2.3. Inflation from September 2016 Data using various measures The Hon. Member for Arbory, Castletown, and Malew (Mr Moorhouse) to ask the Minister for Policy and Reform: If he will provide the data for the three measures of inflation from September 2016 plus the data from the test period prior to the formal adoption of RPI(J)? 675 The Minister for Policy and Reform (Mr Thomas): The methodology for the calculation of RPI will be changed to that of RPI(J) from April 2018 and only CPI and RPI will be published thereafter, although RPI calculated using the Carli method will still be calculated. RPI(J) has not been formally adopted. Monthly data for the three measures of annual inflation since January 2016, with yearly averages, is: CPI RPI RPI(J) Jan % 2.6% -1.1% Feb % 3.3% -0.7% Mar % 3.4% -0.8% Apr % 3.8% -0.6% May % 3.8% -0.4% Jun % 3.9% -0.2% Jul % 4.0% -0.2% Aug % 4.0% -0.1% Sep % 5.9% 1.1% Oct % 6.0% 1.3% Nov % 6.5% 1.5% Dec % 6.4% 1.9% Jan % 6.9% 0.3% Feb % 7.1% 2.4% Mar % 7.9% 3.0% Apr % 7.3% 2.6% May % 8.4% 3.4% Jun % 8.4% 3.5% Jul % 8.5% 3.8% Aug % 7.0% 3.1% Sep % 7.6% 3.1% Oct % 6.1% 2.7% Nov % 6.3% 2.8% Dec % 6.9% 3.0% 2016 Average 0.0% 4.5% 0.1% 2017 Average 3.3% 7.4% 2.8% 460 K135

23 EDUCATION, SPORT AND CULTURE 2.4. Suspended students Number per school and suspension length in last five years The Hon. Member for Onchan (Ms Edge) to ask the Minister for Education, Sport and Culture: If he will provide a breakdown of the number of students suspended and the length of suspension, for each individual school in each of the last five years? The Minister for Education, Sport and Culture (Mr Cregeen): The suspensions for each of the five secondary schools and where applicable the primary schools are detailed in the following Table 2.4A: Table 2.4A No. days suspension No. days suspension No. days suspension No. days suspension 1 Day suspension (includes 0.5 days) 2 Day suspension (includes 1.5 days) 3 Day suspension (includes 2.5 days) 4+ Day suspension (includes 3.5 etc days) Years Schools Secondary Schools Ballakermeen Castle Rushen Queen Elizabeth II Ramsey Grammer St Ninians Higher St Ninians Lower Primary Schools 1 Day suspension (includes 0.5 days) 2 Day suspension (includes 1.5 days) 3 Day suspension (includes 2.5 days) 4+ Day suspension (includes 3.5 etc days) Anagh Coar 3 Ashley Hill Cronk y Berry 5 Fairfield 2 Henry Bloom Noble Jurby 3.5 Manor Park Onchan 3 Rhumsaa Scoill ree Gorree 1.5 Sulby 1 3 Victoria Road Consolidated data - all schools School grouping 1 Day suspension (includes 0.5 days) 2 Day suspension (includes 1.5 days) 3 Day suspension (includes 2.5 days) 4+ Day suspension (includes 3.5 etc days) Secondary & Primary No. days Year suspension DESC budget for last 10 years Allocation to schools, special educational needs and administration The Hon. Member for Onchan (Ms Edge) to ask the Minister for Education, Sport and Culture: What the overall budget of his Department or its predecessors has been in each of the last 10 years; and in each year how much was allocated to (a) secondary schools; (b) primary schools; (c) special educational needs; and (d) departmental administration and management? 680 The Minister for Education, Sport and Culture (Mr Cregeen): The following Table 2.5A shows the Department net revenue budget for the 10 years to Further breakdown has been provided for the areas requested. To provide a departmental administration and management breakdown the cost of the Corporate Services Division, excluding loan charges, pre-school credits, grants, lettings, central 461 K135