Engagement Hub

We asked for views on the draft secondary legislation to implement the Authority’s new fee structure as part of plans to move to a predominantly industry-funded model from 1 April 2023.

We received 12 responses to the Consultation Paper. Overall, no major issues with the draft secondary legislation were raised. The majority of responses sought clarification around the application of fees for their particular businesses. Some responses queried certain aspects of the fee structure.

We prepared a Consultation Response, which provides a summary of responses and corresponding changes to the fee structure along with changes to the draft Fees Orders and Regulations 2023 and the Funding Model document.
We plan to finalise the revised draft secondary legislation ready for laying before Tynwald for approval in the first quarter of 2023 for commencement on 1 April 2023.

The survey was published on the Government Consultation Hub and ran from 21.09.22 to 16.11.22.  It was publicised by a number of methods including Press Release/Social Media, Reference on planning decision letters sent out and E-mails to the opt-in Planning User Group.  The survey included a number of questions about topics including which services people used and how they rated the service received, finding information (including about our reception and website) and suggestions for improvements.

There were 110 responses to the survey, including 71 from members of the public and 27 from Developer/Applicant/Agent/Architects.  This report sets these out in more detail, but a number of key issues/themes can be identified:

• Speed - The importance of timely decision making and correspondence;
• Consistency - The importance of consistent advice and consistent service standards;
• Communication - The need to ensure effective communication, including keeping people up-to-date with applications; and
• Purpose – differing views about the purpose of officers/the planning system and consequently questions about the broad approach taken to service delivery.

The survey results are very helpful in understanding what aspects of the service are particularly valued for people, what is currently done well and what areas are priorities for improvement.  The results of the survey have been discussed with staff and a number of actions have been identified.  Some of these are about informing how we progress/prioritise activity already planned as part of the BERP and some of these are additional actions.  The results and our response are set out in more detail in the consultation response document provided.

The Department for Enterprise sought views on a number of proposals relating to reforming the legislative framework for whistleblowing. The consultation set out proposals for amendments to the existing whistleblowing regime, and sought views on more far reaching reforms, including creation of an Office for Whistleblowers.

47 responses were received.

There is strong support for a number amendments to the existing whistleblowing framework to clarify and improve the law for whistleblowers and employers.

Many respondents also expressed support for many of the proposals based on the Irish Protected Disclosures Bill. However support for those proposals was more mixed. It is likely that the practicalities of the proposals will require further consideration as to whether they are appropriate to the Isle of Man’s circumstances. Further, some of the proposals, such as the creation of an Office for Whistleblowers, would require specific resources to be identified by Government.

Further information on the feedback received can be found in the consultation review report below.

The Department for Enterprise intends to bring forward the following changes in an Employment (Amendment) Bill:

• public interest test for protected disclosures;
• vicarious liability to prevent detrimental treatment of whistleblowers by employees etc on behalf of an employer;
• remove requirement that a disclosure be made in good faith, but enable Tribunal to reduce compensation where it is determined that the disclosure was not made in good faith.
• provision to make clear that a protected disclosure has been made;
• power to make regulations to require prescribed persons to report on whistleblowing cases;
• power for interim relief.

These changes require primary legislation and will be included in the same Bill that includes the proposals regarding family leave.

The Department will however further consider, and discuss with interested parties, the proposals contained in section 2 of the consultation. Therefore legislation relating to these distinct proposals will not be brought forward at this time.

Similarly, recognising the comments made in connection with increasing the maximum compensatory award, the Department accepts that this requires further consideration as part of a separate consultation process which may extend to broader matters around unfair dismissal.