We Asked, You Said, We Did

The purpose of the consultation by the IOM CAA was to seek views on the proposed policy for ground handling at certified aerodromes in the Isle of Man.

Feedback was sought on a number of areas including definition and scope, responsibilities for ground handling service providers (GHSP) and certified aerodromes, reporting requirements, and IOM CAA oversight activity.

IOM CAA received 21 responses to the consultation. 7 responses were excluded from further analyses due to answers not being within scope of the consultation. Of the remaining 14 responses they were all broadly supportive of the policy being proposed with most responses receiving above 85% agreement.

Please see report for more detailed analysis.

IOM CAA have reviewed all comments and express are gratitude for the time taken by respondents in providing their views. CP8 has been updated based on the views expressed.

This consultation sought views on employment status and the rights for agency workers.

A summary of responses can be found in the documents below.

This consultation sought views on annual leave and rest breaks.

A summary of responses can be found in the documents below.

This consultation sought views on current maximum awards and qualifying periods in relation to Employment Tribunals.

A summary of responses can be found in the documents below.

This consultation sought views on the operation of the  Minimum Wage Act 2001.

A summary of responses can be found in the documents below.

This consultation in particular sought views on the operation of the Employment Agencies Act 1975.

A summary of responses can be found in the documents below.

This consultation in particular sought views on parental and caring rights including redundancy protections, Carer’s leave and neo-natal care leave.

A summary of responses can be found in the documents below.

The consultation on trade union legislation was part of a series of seven calls for views on different aspects of employment legislation. Opinions were sought on:

• Notice of industrial action
• Mandate for industrial action
• Ballot thresholds
• Industrial action in essential services
• Recognition of trade unions in the workplace

A summary of responses can be found in the documents below.

The Health and Care Services Bill will amalgamate and modernise existing primary legislation underpinning health and care services. The purpose of the consultation by the Department of Health and Social Care was to inform the public about work undertaken to date and hear your views about how to make our health and care system better.

There were 240 responses, received online and through the post. Responses were largely supportive of the work undertaken to date and can be seen below.

The Department is grateful to all those who took time to respond to the consultation. The results will be considered and used to inform the policy principles which will underpin the Health and Care Services Bill.

Next Steps

The Department continues to work on policy development for the Health and Care Services Bill. Further public consultation will be published mid-2025 with a focus on specific issues relating to delivery of health and care services. Example topics include community healthcare provision and social care assessment frameworks.

As part of the Built Environment Reform Programme ('BERP'), the Cabinet Office has proposed changes to some of the legislation that sets out what can be done without needing a planning application (Permitted Development Orders). The changes are intended to better apply a proportionate level of protection whilst not unduly preventing development, in particular small scale and routine works.

Public Consultation ran from 10 June 2024to 2 September 2024. The consultation was via the consultation hub and publicity included: E-mails to MHKs/MLCs, Government Departments, Local Authorities and the Planning User Group; Press release/social media posts; and presentations to Local Authorities and discussions with Construction IOM.

There were 58[1] responses to the survey (given Data Protection respondents were not required to provide details).

The available report is a summary of the responses and the issues they raise (appendix 1 gives overall results and appendix 2 gives detailed comments). The consultations results have informed the final iteration of the Order, which will be considered for approval by Tynwald.

The Isle of Man Financial Services Authority ('the Authority'), issued a Call for Input seeking engagement and views on the nature, prevalence and provision of Family Office-type services being offered ‘by way of business’ in or from the Island.

The Authority received 17 responses to the Call for Input. The majority of these responses favoured a continuation of the current treatment of Family Office-type services being offered in for from the Island.

The Authority has prepared a response document, which provides a summary of the feedback submitted to the Call for Input. No change to the treatment of Family Office-type services is proposed at this current time. The Authority is currently reviewing its wider exemptions and exclusions framework, and further consideration around Family Office type activity will feed into this wider project.

Additional public and stakeholder consultation and engagement will be undertaken where necessary.

The purpose of the consultation by the Department of Home Affairs was to seek public views on policing in the Isle of Man to help shape the Constabulary's focus, priorities and where resources are directed to.

There were 324 responses to the consultation. The results are attached below, as a Summary of Responses document.

The Department is grateful to all those who took time to respond to the consultation. The results have been considered and used to inform the Policing Plan 2024-25, alongside what we heard at the Constabulary roadshows, consultation with the Chief Constable, Community Safety Partnership, reporting from the Constabulary and other research. 

The Isle of Man Financial Services Authority invited feedback on proposals to update and integrate the Insurance Regulations 2021 with simplified elements of the Insurance (Special Purpose Vehicles) Regulations 2015 and Guidance Notes for Insurance Special Purpose Vehicles into a combined single document: the Insurance Regulations 2024. The consultation also includes additional proposals relating to fast-track authorisation, regulatory sandboxing and potential restrictions on activities undertaken alongside regulated insurance activities.

The Authority received 11 responses to the consultation paper. The responses were generally supportive of the changes being proposed but queried how certain aspects might be implemented.

The Authority prepared a consultation response document, which details the feedback and responds to the questions raised.  In addition the Authority has revised its proposals and is issuing a second consultation (CP24-05).

The Isle of Man Financial Services Authority invited feedback on proposals to amend certain aspects of the insurance valuation and solvency framework, including amendments to the regulatory capital calculation.

The Authority received 10 responses to the consultation paper. The responses were supportive of the changes being proposed.

The Authority prepared a consultation response document, which provides a summary of the feedback submitted and responds to all questions raised. The Authority will now prepare the final Insurance (Fees and Solvency)(Amendment) Regulations 2024 to be laid before Tynwald.

The purpose of the consultation by the Department of Education, Sport and Culture was to seek stakeholder and public views on areas considered appropriate for update in the proposed Education (Amendment) Bill. The consultation ran for 6 weeks from 27 March to 10 May 2024

There were 509 responses to the consultation. The results can be found attached below.

The Department is grateful to all those who took time to respond to the consultation. The results will be considered and used to form the policy principles which will result in amendments to the existing Isle of Man Education legislation.

The Isle of Man Financial Services Authority ('the Authority'), in conjunction with the Department of Home Affairs and the Treasury, invited feedback on proposals to amend certain aspects of the of the Anti-Money Laundering and Countering the Financing of Terrorism Framework. This included updating certain definitions and terminology throughout the legislation, and also the introduction a new activity into the Designated Business regime.

The Authority received 8 responses to the consultation. The responses were all broadly supportive of the changes being proposed.

The Authority prepared a consultation response document, which provides a summary of the feedback submitted and responds to any questions raised. The Authority will now prepare the final Designated Businesses (Amendment) Order 2024 and the Proceeds of Crime (Business in the Regulated Sector) (Amendment) Order 2024 for approval by Tynwald.

The Isle of Man Financial Services Authority ('the Authority'), in conjunction with the Department of Home Affairs, invited feedback on proposals to introduce a new Anti-Money Laundering and Countering the Financing of Terrorism Code, the Travel Rule (Transfer of Virtual Assets) Code 2024 ('the Travel Rule Code'). The Travel Rule Code creates a legislative framework to implement the expanded scope of the Financial Action Task Force’s ('FATF') Recommendation 16 regarding virtual asset transfer obligations.

The Authority received 1 response to the consultation. This response was supportive of the introduction of the Travel Rule Code.

The Authority prepared a consultation response document, which provides a summary of the feedback submitted and responds to any questions raised. The Authority will now prepare the final Travel Rule Code which is scheduled to commence in October 2024.

The Isle of Man Financial Services Authority ('the Authority') invited feedback on the potential options in connection with the regulation of crypto-asset activities.

The Authority received 16 responses to the consultation. The results of the consultation were inconclusive. The most frequently selected ‘best’ option was to maintain the current approach under the Designated Business (Registration and Oversight) Act 2015. In addition, those in favour of some form of regulation in principle often highlighted some significant barriers and risks.

The Authority prepared a Feedback Statement, which provides a summary of the feedback submitted. Taking into account the feedback that was received, the Authority has decided that the best course of action is to maintain the current approach under the Designated Business (Registration and Oversight) Act 2015 for the time being, but to keep the matter under review. The Authority will continue to monitor developments in international standards and regulatory frameworks in other jurisdictions. Any future proposals to change the regulatory perimeter would be subject to further consultation.

The Department of Home Affairs invited feedback on the policy principles for the proposed National Infrastructure Security Bill.

The public consultation opened on the 5 February 2024 and closed on the 25 March 2024. The Department received 53 responses to the consultation, 48 of which were received via the consultation hub. The 53 responses comprised:

• 36 Members of the public
• 7 Private Companies
• 6 Government Departments, Offices or Boards
• 1 Industry Body
• 1 Local Authority
• 2 not identified

There was a consensus from the responses received on the need for legislation.

Amongst the feedback, there was agreement on the need for a competent and technical authority, as well a general agreement on the key sectors that would constitute the national infrastructure. Furthermore, it is apparent that some sectors on the Isle of Man already comply with compliance regimes similar to those set out in the policy principles and that this must be accounted for when drafting legislation.

The Department is grateful to the individuals and organisations who responded to the consultation. All responses received have now been analysed and used to create a consultation summary report, which has been published on this page.  This report also includes commentary in places where relevant and where respondents indicated that their response could be published or published anonymously.

The report summarises the responses received and sets out the next steps the Department intends to take following this engagement. These will include further research into the options for establishing a Competent Authority (ies) and a Technical Authority as well as finalising which sectors should be included in the definition of the National Infrastructure.

The work in this area will help make our Island safer and we are committed to ensuring that those who may be affected have, through this consultation, and will continues to be involved in the detailed proposals. 

The Department for Enterprise sought views on adding new persons and bodies to the list of 'prescribed persons' workers may whistleblow to. The consultation specifically asked for feedback on adding a number of UK medical regulators and Members of the House of Keys/Members of Tynwald to the list.

The consultation opened on 5 January 2024 and closed on 1 March 2024. There were 55 responses to the consultation.

There was overwhelming support for the proposal that a number of UK medical regulators should be added to the list of prescribed persons, with 89% of the responses in agreement.

On the issue of whether MHKs or Members of Tynwald should be prescribed persons, 56% of the respondents agreed with the proposal that MHKs should be added to the list, while 49% agreed that Members of Tynwald should be added.

Respondents also suggested a number of other persons or bodies to take on the role of prescribed person.

The Department is grateful for the responses received from the consultation. The Department’s next steps are as follows.

Question 1 - Adding medical regulatory bodies to the list of prescribed persons

There was wide support for adding the UK medical regulatory bodies to the list of prescribed persons, and adding them to the list will reinforce the whistleblowing framework in the Isle of Man. The Department has been liaising with those regulators and with Manx Care to ensure that practical arrangements are put in place to support the regulators operating as prescribed persons for the Isle of Man.

Some of the responses questioned why the Nursing and Midwifery Council (NMC) was not on the list of the bodies to be added. The Department is currently working with the NMC and Manx Care to have NMC operate as a prescribed person in the Isle of Man.

Questions 2 and 3 – Adding MHKs/Tynwald members to the list of prescribed persons

Questions 2 and 3 sought views on adding either MHKs to the list of prescribed persons or adding all Tynwald members. Though a majority of the respondents supported adding MHKs and similarly adding Tynwald members, a number of issues were raised by Tynwald members themselves.

It is of particular importance to note that in response to the consultation the Tynwald Standards and Members Interests’ Committee published, in February 2024, a short report which considered the issues around MHKs or Tynwald members being prescribed persons. The report made no recommendation but it raised a number of issues in relation to MHKs/Tynwald members being specified as prescribed persons.

On the one hand, whistleblowing to Tynwald members may already qualify as a protected disclosure in some circumstances under section 55 and 56 of the Employment Act 2006. Individuals may be more likely to make a disclosure to a Tynwald member given their public status.

On the other hand the Department accepts that there are good reasons why MHKs/Tynwald members should not be prescribed persons. The feedback to the consultation, and the Tynwald report, set out some of those reasons. For instance, the Department considers that persons are normally prescribed as those to whom a whistleblowing disclosure should be made because those persons (or bodies) have existing powers to deal with a disclosure, and those persons are prescribed for those issues alone. For example, the Department for Enterprise is a prescribed person for the purposes of any disclosures about payment of the minimum wage because the Department has powers to investigate breaches of the minimum wage under the Minimum Wage Act 2001. In contrast there is no statutory framework which sets out how Tynwald members would deal with a whistleblowing disclosure, and Tynwald members have no statutory powers to deal with such disclosures. Practically speaking, it is likely that the only thing a Tynwald Member would be able to do would be to pass such a disclosure to another prescribed person that had specific powers to deal with the issue.

In addition, Tynwald members do not have the same office resources that MPs in the UK benefit from, and, given that many Tynwald members have roles within the Government, e.g. Ministers, Political Members or Board Members, Tynwald members may find themselves conflicted in dealing with protected disclosures.

For the reasons above the Department does not intend to add either MHKs or all Tynwald members to the list of prescribed persons, but will engage with the Clerk of Tynwald’s office to ensure that adequate guidance is made available to Tynwald Members in respect of Whistleblowing procedures.

Question 4 – Adding any other bodies to the list of prescribed persons

As previously stated, the Department will consider further the suggestions for bodies to be added to the current list and will bring forward an updated Order for approval by Tynwald in autumn 2024.

More information can be found in the review of responses document below.