Consultation Hub

The Cabinet Office sought feedback from interested parties regarding new provisions that would protect public authorities in the Isle of Man against claims for costs, damages or consequential losses when acting in matters of international assistance at the request of foreign jurisdictions, provided they were acting in good faith.

The consultation attracted a total of three public responses, two from individuals and one from a local firm of advocates. Four responses were also received from Isle of Man Government Departments concerning the legislation captured by the Bill. The Cabinet Office welcomed all responses and considered each comment made in the final drafting of the Bill.

The Bill was amended to ensure all relevant enactments are now captured. A detailed summary of the consultation responses has been published below. The revised Bill is due to be introduced into the Branches for its first reading in the House of Keys on Tuesday 26 January 2021.

The purpose of this Consultation was to seek feedback from interested parties on the details of the proposed Regulatory Framework (“Framework”) for Cannabis-derived Products for Export.

The Consultation set out the details of the proposed Framework and sought feedback from industry, inward investors and other interested stakeholders on the proposals, with a particular focus on:

1. The proposed regulations for cultivation of industrial hemp, cannabis (including importation of biomass) and the manufacture of related cannabis-derived products for export including prescribed fees; and
2. The proposed licensing framework, minimum standards and guidelines for applicants.

We received 28 responses through the Government’s consultation portal, many welcoming and supporting the majority of the proposals set out in the Consultation Paper. These came from interested parties, members of the public, representative bodies and Government Departments. A number of respondents sought clarification on specific areas of the Framework and the manner in which licence conditions would be applied and monitored by the intended Regulator.  The most consistent theme in responses was in respect of the proposed licence fee structure.

All responses received during the Consultation have been carefully considered. We will be making some amendments to the licensing Framework and the supporting Regulations to reflect feedback.

During the Consultation process, DfE identified the Gambling Supervision Commission as the proposed regulator for this new sector, with responsibility over the licensing and ongoing supervisory processes.  December’s Tynwald were therefore asked to approve a Transfer of Functions Order, which establishes the Gambling Supervision Commission (GSC) as the launch regulator for licensing and supervising adherence by the regulated entities to the Framework.

The GSC intend to issue the final Regulations and publish the Guidance Notes, needed to support the enactment of the Regulations and to prepare to consider licence applications.

It is anticipated that the GSC will begin considering initial applications in February 2021 and issue the first approvals before April 2021. Given the outdoor harvest cycles and the interest amongst some local farmers to test crops, the GSC will initially prioritise applications for low-THC outdoor cultivation in order to meet the critical timeframe.

The GSC will then prioritise the applications related to the higher-value, High-THC market and anticipate approving applicants in this sector during Q2 2021.

The Commission sought views on:

Future Use of Spectrum for Award

• the amount of spectrum to be released in the 700 MHz and 3.6 GHz bands
• release spectrum on a service and technology neutral basis

Lots – number and sizes

Award Caps – on number of lots any party can hold in either band

Fees

In total 3 responses were received from Licensed Operators – the Commission will publish non confidential responses in due course.

The next stage of the process will now involve reviewing all responses received and includes a further Consultation on the Award process including;

• detail on the approach to licence fee setting and
• on the further principles for Transition arrangements following the Award.