We Asked, You Said, We Did

Below are some of the issues we have recently consulted on and their outcomes.

We asked

The Isle of Man Financial Services Authority invited feedback on proposals to update the Depositors’ Compensation Scheme framework and to introduce a Single Customer View mechanism.

You said

The Authority received 10 responses to the consultation paper, including views on the level of coverage for individual eligible depositors.

We did

We prepared a consultation response document, which provides a summary of the feedback submitted. The Authority will now prepare the Financial Services (Deposit Data) (Amendment) Rule Book 2024 for Tynwald approval. A draft Financial Services (Deposit Data) (Fees) Order will be subject to a separate consultation.

We asked

The paper set out the Department of Infrastructure's proposals to change the existing harbour dues and charges for vessels, passengers and goods with effect from the day after they are approved by Tynwald. The proposals in the consultation will revoke and replace the existing fees.

You said

The public consultation opened on the 20 October 2023 and closed on the 17 November 2023. The Department received eight responses to the consultation. All of the responses were received via the Consultation Hub. The eight responses comprised:

  • 6 members of the public
  • 1 private company
  • 1 Local Authority

We did

The Department has analysed and considered all responses received and where respondents indicated that their response could be published or published anonymously, these responses have been uploaded to the Consultation Hub.
The Department is currently undertaking a full and detailed review of next year's harbour dues and charges in respect of facilities and services provided by the Department for vessels, passengers and goods using a harbour and the responses received to last year's consultation will be considered as part of this review.

We asked

The purpose of the consultation by the Department of Environment, Food and Agriculture (DEFA) was to seek views on the draft Animal Welfare Code of Practice for Horses, ponies, donkeys and their hybrids.

You said

The Department for Environment, Food and Agriculture received 45 responses to the consultation. Of these, 41 responses were from individuals and 4 Responses were representatives of society/ company/ charity.

  • 61.7% said the code covered everything required
     
  • 14.9% said there something in the code they disagreed with
     
  • 19.2% said there was not enough detail in the code
     
  • 93.6% said the code was understandable

We did

The Department is grateful to those individuals and organisations who took time to respond to the consultation and tell us their views on the proposed Animal Welfare Code of Practice for Horses, Ponies, Donkeys and their Hybrids. Following the consultation, as described above, changes have been made to the code. Most people felt the code was understandable, covered what was required and contained enough detail.

We asked

The purpose of the consultation by the Department of Environment, Food and Agriculture (DEFA) was to seek views on the draft Animal Welfare Code of Practice for Rabbits.

You said

The Department of Environment, Food and Agriculture received 20 responses to the consultation. Of these, 18 responses were from individuals and 2 Responses were representatives of a society/ company/ charity.

  • 55% said the code covered everything required
     
  • 30% said there were things in the code that they disagreed with
     
  • 65% said there was enough detail in the code
     
  • 100% said the code was understandable

We did

The Department is grateful to those individuals and organisations who took time to respond to the consultation and tell us their views on the proposed Animal Welfare Code of Practice for Rabbits. As stated above some minor changes have been made to the code.

We asked

The purpose of the consultation by the Department of Environment, Food and Agriculture (DEFA) was to seek views on the draft Animal Welfare Code of Practice for Cats.

You said

The Department of Environment, Food and Agriculture received 100 responses to the consultation. Of these, 98 responses were from individuals and 2 responses were representatives of society/ company/ charity.

  • 55% of responses said that the code covered everything required
     
  • 20% of the responses said there were things in the code that they disagreed with
     
  • 80% said that the code had enough detail
     
  • 94% said the code was understandable

We did

The Department is grateful to those individuals and organisations who took time to respond to the consultation and tell us their views on the proposed Animal Welfare Code of Practice for Cats. As stated above some minor changes have been made to the code to address some of the concerns. Whilst some of the responses to the consultation are outside of the scope of the code, the Department will look at addressing some of the other concerns in future policy development, e.g. micro chipping of cats.

We asked

The purpose of the consultation by the Department of Environment, Food and Agriculture (DEFA) was to seek views on the draft Animal Welfare Code of Practice for Dogs.

You said

The Department for Environment, Food and Agriculture received 128 responses to the consultation. Of these, 124 responses were from individuals and 4 Responses were representatives of society/ company/ charity.

  • 56.8% of respondents said that the code covered everything required
     
  • 19.7% of respondents said there were things in the code they disagreed with
     
  • 76.5% of respondents said there was enough detail in the code
     
  • 97% said the code was understandable

We did

The Department is grateful to those individuals and organisations who took time to respond to the consultation and tell us their views on the proposed Animal Welfare Code of Practice for Dogs. As stated above a number of changes will be made to the code to reflect some of the responses received to the consultation. Whilst some of the responses to the consultation are outside of the scope of the code, the Department will look at addressing some of the other concerns in future policy development.

We asked

In July 2023 Cabinet Office published the Preliminary Publicity for the Strategic Plan review. The Strategic Plan sets the high-level planning policy framework for the sustainable development of the Island, and the Preliminary Publicity stage represents the first statutory step in a comprehensive review of this important statutory planning document.  

Aside from a focused review in 2016, the Strategic Plan remains largely unchanged since its original adoption in 2007. The Strategic Plan review provides the opportunity to review the Island’s Spatial Strategy and embed climate change policies in the Plan, as well as to reflect some of the core strategic objectives set out in ‘Our Island Plan’ to build a secure, vibrant and sustainable future for our Island and specifically deliver one of the key elements identified in the ‘Building Great Communities’ Programmes. 

Because of the wide-reaching implications of the Strategic Plan review for all members of the Island community, Cabinet Office invited comment from interested parties and stakeholders on the published Preliminary Publicity documents. These documents comprised a Main Consultation Document as well as a series of Evidence Papers which looked at specific topic areas in greater detail. All published evidence papers were available on the Consultation Hub and via the Cabinet Office website.

You said

The Strategic Plan Preliminary Publicity consultation ran between 21 July and 29 September 2023 and attracted 209 responses. The vast majority of responses were received either via email or online via the Consultation Hub. A small number of physical response forms and letters were also received.

The 209 respondents comprised:

  • 153 members of the public
  • 5 private companies (excluding developers and built environment professionals)
  • 11 developers or built environment professionals
  • 14 Local Authorities or politicians
  • 6 Government Departments or Statutory Bodies/Boards
  • 8 special interest or community groups
  • 7 who identified as ‘other’

We did

Cabinet Office has analysed all responses received and is in the process of producing a consultation summary report which will look at the themes which emerged as part of the consultation responses.

Schedule 1, Paragraph 3, of the Town and Country Planning Act (1999) requires Cabinet Office to publish a Draft Plan no more than 12 months after the completion of the Preliminary Publicity. This means a draft plan shall be published by 28 September 2024.

The responses received as part of the Preliminary Publicity consultation will directly inform the Draft Strategic Plan which will, in turn, be subject to a further round of consultation ahead of public inquiry.

We asked

The Department of Infrastructure received two petitions from local residents in 2020, identifying problems and seeking the implementation of traffic calming and pedestrian safety measures in the area, including 20mph restrictions. A feasibility study was carried out with a number of options suggested. Feedback was sought from key stakeholders, the general public particularly residents and businesses in the scheme area about the proposals and any other issues that are affecting the area regarding making our streets suitable for all residents, pedestrians and road users.

You said

592 responses were received by the Consultation Hub. Responses were also received by email, paper copies and from the drop in sessions.  These are reported on in a separate section in the consultation response document which is available as a downloadable document on this page.

To what extent do you support the introduction of a 20mph speed limit within the area?

77% of respondents said they supported the introduction of a 20mph speed limit within the area in some form.

The scheme proposes traffic calming measures on Alexander Drive and Mount Bradda. To what extent do you support the use of traffic calming in these areas?

  • 33% supported the idea of traffic calming on Alexander Drive and Mount Bradda
  • 15% said they supported the idea but would suggest other areas in addition
  • 10% said no but would like to suggest alternative areas
  • 41% did not support traffic calming in these areas

To what extent do you support the addition of new road crossings, including zebra-like side road crossings, in the area?

  • 57% were supportive
  • 30% said no
  • 11% unsure to the addition of new road crossings including zebra-like side road crossings in the area

Please indicate below the extent to which you support the improvements to popular walking and cycling routes in the area:

  • Improvements to the existing walking route from Ballakermeen Drive to Ballakermeen High School:
    • 55% yes
    • 24% no
    • 17% not sure
  • Walking route improvements on entry to Ballakermeen High School:
    • 58% yes
    • 19% no
    • 19% not sure
  • Footway improvements on Hawarden Avenue:
    • 58% yes
    • 20% no
    • 18% not sure
  • Traffic-free zone linking into residential and school area from Peel Road:
    • 29% yes
    • 50% no
    • 18% not sure

Please indicate below the extent to which you support the one-way road and no entry treatments:

  • No entry treatments on residential streets (two-way traffic on street itself):
    • 27% yes
    • 49% no
    • 17% not sure
  • One-way restriction on the access road next to Woodbourne Square:
    • 33% yes
    • 43% no
    • 13% not sure

We did

The Department would like to thank the public, particularly the residents in the scheme area, for their engagement and welcomes all the free form comments giving their reasons for supporting or not supporting any of the suggested options.

The Department has considered the responses to the engagement carefully and has published a consultation response which is available as a downloadable document on this page. This consultation report summarises the responses received and sets out the next steps the Department intends to take following the engagement.

We will use the feedback given by all stakeholders to help us develop a Living Streets Scheme for the area. It is hoped that the detail design stage will start this year, but this will be dependent on funding.

We asked

The Department for Enterprise asked for views on specific proposals to temporarily remove the requirement for Work Permits across all roles, occupations and economic sectors given the ongoing skills shortages and low levels of unemployment.  Feedback was also sought on a replacement registration process, the level of fee to be charged for such registration and maintaining the current position on persons with certain criminal convictions being required to still follow the full Work Permit process.

You said

253 responses were received (250 via the consultation Hub and 3 separate written responses).  The majority of respondents supported the proposals as set out in the consultation.

  • 170 respondents (67%) expressed their views that there were no specific sectors or occupations where the requirement for a work permit needs to be retained
  • 205 respondents (81%) supported the principle of requiring an employer to register non-Isle of Man Workers in replacement of a work permit application
  • 233 respondents (92%) supported the principle of maintaining the existing provisions in respect of persons with certain criminal convictions
  • 163 respondents (64%) supported the retention of a fee, to be paid at the time of registering a non-Isle of Man worker
  • 151 respondents (60%) supported, on balance, the overall proposed approach.  Of those respondents who did not support the proposed approach, a further 26 (10%) expressed views that the proposals did not go far enough and the whole process should be removed / revoked.

Therefore, overall, there was a significant majority of respondents in support of further reform to the Work Permit system, with the specific proposals of the Department also receiving majority support.

We did

The Department has considered the responses to the consultation carefully and has published a consultation response which is available as a downloadable document on this page.  This consultation report summarises the responses received and sets out the next steps the Department intends to take following the consultation which concluded with a significant majority of respondents expressing the view that further reforms to the work permit system were required, with the specific proposals set out by the Department also receiving majority support.

The required legislative amendments will now be prepared and the Department intends to bring these forward at the October 2023 sitting of Tynwald.

Subject to the will of Tynwald, the Department intends to implement the revised process as soon as practicable following approval and clear guidance will be made available for both employers and employees, with the changes widely publicised ahead of implementation, if ultimately approved.

We asked

We asked for your opinions on the principles of secondary schools uniforms in Isle of Man schools to inform a review of the current uniform policies that are in place.

School uniform is a key element in promoting the ethos of a school, providing a sense of belonging and identity and setting an appropriate tone for an education setting. It is acknowledged to deliver important benefits to students, schools, families and the wider community.

By creating a common identity amongst all pupils, regardless of background, a uniform can offer many benefits, some of which include:

  • Improved concentration and orderliness in the school environment
  • Acting as a social leveller
  • Promoting equality and a sense of togetherness
  • Helping to identify students outside of the school site
  • Highlighting people on school sites who should not be there
  • Promoting pride and belonging for students in their school and local community

Schools work hard to maintain high standards in compliance with their published uniform requirements, helping all stakeholders understand what is expected from students and as a result encouraging and supporting the benefits a uniform offers.

You said

A public consultation was open for four weeks in January and February 2023. A total of 1,162 responses were received, with 1,044 identified as key stakeholders. Included in the respondents were teachers, students, parents and uniform providers.

50% of respondents stated that uniform ‘could be made more cost effective’.

50% of respondents stated that uniforms ensure students are not singled out because of what they are wearing.

In answering the question ‘what role does school uniform have in the ethos and culture of schools’:

  • 62% of respondents stated it shows students as representatives of the school in the community
  • 50% of respondents stated it fosters a sense of belonging
  • 50% of respondents stated it allows a predictable selection of clothing for students who may find this stressful

When considering costs, 60% of respondents stated that the number of branded items in a school PE kit should be minimised. The full consultation results have been uploaded and can be viewed on the 'files' section below.

We did

Following review of the consultation results, no change to the existing Department’s School Uniform Policy Guidance from July 2021 are considered necessary.

Individual schools set their own Uniform Policy, in line with the guidance issued by the Department.

The consultation results have been reviewed and considered by all Secondary School Headteachers. Please find in the 'files' section below a summary of planned changes to the school uniform, to be implemented in the academic year commencing in September 2024 (subject to approval by the schools’ Governing Body).

Opinions on school uniform and the appropriateness of the questions to be asked as part of the consultation were sought from school leaders and student focus groups. The points below came out as part of this research and may be of benefit to interested parties:

  • Schools would like parents/carers to know that they are happy to be approached if concerns arise about the acquisition of uniform. In the past, schools have been able to donate new and/or pre-worn uniform/footwear to families in their communities who are unable to acquire items for whatever reason
     
  • Families can apply to the Department for uniform assistance from the available educational endowment provided by a benefactor – more information and an application form is available from the DESC's homepage under downloadable documents
     
  • Schools referenced parents/carers raising concerns about the cost involved in replacing items of lost uniform. Schools seldom experience items going missing permanently, but each school is left with a considerable volume of unnamed lost property each academic year. When lost items are clearly labelled with the student’s name, they are often quickly returned to the owner
     
  • Lost items that cannot be returned to their owner are kept for an appropriate length of time by schools and may be donated to other families if not claimed
     
  • PE departments have a stock of items that they lend, or sometimes donate, to students who may not have access to the required items for lessons

We asked

Following engagement with retailers and public bodies, a consultation on the Vapour Products Bill 2023 commenced on Friday 23 December 2022 and concluded on Sunday 29 January 2023, although responses submitted by 1 February 2023 were accepted by the Department.

This was achieved using online survey published on the IoM Government consultation hub. This survey sought views on the main policy goals the Bill was intending to support, quoting parts of the Bill where appropriate, as well as seeking general feedback on the Bill and suggestions for future policy development. To assist the completion of this survey an early draft of the Bill was published at the same time, along with a downloadable copy of the consultation questions.

You said

The Department received submissions from 308 people to this consultation, of which:

  • 294 responses were from members of the public
  • 5 were from vapour products retailers
  • 5 were on behalf of public bodies
  • 1 was from a manufacturer of tobacco and vaping products
  • 1 was from a Manx Advocate
  • 1 was from a Member of Tynwald
  • 1 was from a Trade Union

These responses set out in these submissions can be broadly categorised as: 

Broad agreement with the proposed contents of the Bill

These responses to the Bill were generally in agreement with the proposed contents of the Bill, answering YES to all of the consultations main questions. These responses often expressed concern over vaping by large number of children (17 responses) or vaping in schools (16 responses).

Where feedback was given it was to suggest technical improvements to the drafting of the Bill (e.g. 7 responses suggesting minor corrections to the Bill), or expressing concern as to its enforceability, while still respecting the broad policy goals the Bill is intending to achieve.

Notably, these responses were supportive of the need for better regulation of vapour products labelling (92 responses) and health warning labelling (14 responses), which could be introduced in line with UK regulatory controls (supported by 4 responses) or IOM specific legislation (11 responses).

These responses also highlighted the potential difficulties and costs on retailers of complying with the proposed regulatory controls with suggestions for alternative controls on displays (8 responses) and simply requiring vapour products to be sold from behind the counter (7 responses).

Further controls are needed for vapour products

These responses to the Bill were supportive of the proposed measures, but suggested these could be extended.

The main focus was on removing vapour products from being visible at the point of sale (97 responses) or having the sale of vapour products regulated in a manner similar to tobacco (85 responses).

68 responses expressed concern potential impact of vaping on an individual's health (68 responses), and the effect on the persons around the person vaping, 78 responses also suggested the use of vapour products in public places should be regulated.

Making vaping less visible was also supported with responses advocating for partial or complete bans on vapour product advertising (34 responses), controlling advertising of such products to children (21 responses) and regulating the flavour of such products to make them less attractive (19 responses)

These response were also opposed to there being any exceptions for allowing the sale or supply of vapour products to persons under 18 (62 responses) by their parents or anyone else, with 16 responses expressing concern as to the existing exceptions for the supply of tobacco by parents to persons under 18.

There was significant concern expressed in 68 responses as to the health impact of persons' vaping and those around them, and respondents suggested the age for buying vapour products should be increased to 21 or 25.

Low to no regulation required for vapour products

In this category responses to the Bill were of the view that no legislation is required (19 responses) or more evidence would be needed to support legislation (19 responses), along with the view that vapour products as harmless (5 responses).

These responses were often of the view that retailers were taking sufficient voluntary measures to control the sale of vapour products (7 responses), with no need for lockable cabinets (10 responses), and there was little need for regulatory controls or enforcement powers as a consequence.

Some feedback indicated support for voluntary controls (7 response) or took that view that age controls only needed from 16 (6 responses) in line with voting age restrictions.

Stricter controls required on vapour products, tobacco and tobacco products

This category of responses to the Bill argued for complete, or near complete, bans on the sale and use of vapour products (38 responses).

Such suggestions often extended to a complete, or near complete, ban on the sale of tobacco and tobacco products as well referencing the approach taken in New Zealand and Singapore.

These responses often made the case for stricter regulatory controls than the UK (15 responses), greater enforcement generally (15 responses) and in schools (15 responses), supported by broader enforcement powers for the police (5 responses).

From a retail perspective, if the sale of vapour products was allowed it would only be for persons over 21 (4 responses) or 25 (4 responses) or only for supporting smoking cessation (4 responses).

These views were formed based on the perceived health risks posed by vaping and smoking, the social nuisance value of such activities.
A detailed summary of responses document has been compiled and published on the consultation webpage.

We did

Having considered the consultation feedback, and undertaken further engagement with key stakeholders, a number of amendments to the Bill have been identified and agreed by the Department.

These amendments were:

  • Amending the title of the Bill to refer to 'Vaping Products', rather than 'Vapour Products'
     
  • Clarifying the definition of vaping products, to ensure the Bill only applied to such products and not to items such as batteries or medical devices
     
  • Providing that persons acting on 'reasonable belief' that a person is over 18 are not committing an offence under this legislation
     
  • Enhancing the controls on the display of vaping products in light of feedback from the consultation, removing advertising of vaping products in retail premises, and only allowing the products to be displayed to persons over the age of 18
     
  • Ensuring the police have the necessary powers to seize and dispose of vaping products being used by persons under 18 in public places
     
  • Making a number of minor technical changes to improve the drafting and formatting of the Bill. A revised Bill incorporating these changes is in the process of being drafted and will be introduced into the House of Keys at the earliest opportunity

Furthermore, Public Health will:

  • Engage with DEFA on regulating the use of single-use vaping products under the powers provided by the Climate Change Act 2021
     
  • Undertake further engagement with young people with respect to vaping products

We asked

The Treasury sought views on the Sanctions Bill 2022.

You said

12 responses were received.

Overall no major issues with the Bill were raised.  The issues raised are set out in the consultation response document.

We did

The Treasury is grateful to all who responded to the consultation.

A Consultation Response document has been prepared which provides a summary of responses and corresponding amendments to the Sanctions Bill 2022.

The Treasury plans to finalise the revised Bill and introduce it to the branches of Tynwald in 2023.

We asked

The Treasury sought views on 10 key policy proposals concerning the Public Sector Payments Bill.

You said

58 responses were received.

Each of the policy proposals set were supported by the majority of respondents. Issues raised by respondents are discussed in detail in the Consultation Response document.

We did

The Treasury is grateful to all who responded to the consultation.

A Consultation Response document has been prepared which provides a summary of responses and proposed next steps.

We asked

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.

You said

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 did

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.

We asked

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.

You said

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.

We did

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.

We asked

The Treasury sought views in relation to National Insurance reform proposals.

You said

332 responses were received, 194 of which were from employed individuals.

The responses indicated an overarching desire for fairness and strong support for the initial reform of National Insurance.

Further information on the feedback received can be found in the Consultation Report – summary of response below.

We did

The Treasury is grateful to all who responded to the consultation.

As a result of the consultation the Department proposes to: 

  • merge the payment of Class 2 and Class 4 National Insurance and
  • address fairness in relation to Owner Managed Businesses

Further details, including a delivery plan, can be found in the Consultation Report – summary of response below.

We asked

In June 2022, Cabinet Office published the Draft Area Plan for the North and West.

The Draft Plan consultation followed earlier rounds of consultation, namely the Call for Sites (May 2019 to February 2020) and the Preliminary Publicity stage (April to December 2021). The comments received from these earlier rounds of consultation helped inform the Draft Plan which seeks to address land use planning matters including the need for new sites up to 2026. The lifetime of the Plan will last until the North and West Plan is replaced by an All-Island Area Plan.

Currently, the operational development plans in the North and West are made up of the Strategic Plan 2016 and a series of older Local Plans and the remaining parts of the 1982 Development Order which are still in force. The Area Plan for the North and West, once approved, will replace all of these extant plans.    

You said

The Draft Area Plan for the North and West consultation ran between 24 June and 16 September 2022 and received 180 responses. The majority of responses received were either via email or online via the Consultation Hub. Cabinet Office also received 25 physical response forms or letters.

The 180 respondents comprised:

  • 113 Island residents
     
  • 15 Companies
     
  • 11 Local Authorities or Politicians
     
  • 5 Government Department or Statutory Body/Board
     
  • 7 respondents who identified as being part of a special interest group
     
  • 23 who identified as ‘other’
     
  • 6 respondents preferred not to say

We did

Cabinet Office has now analysed all responses received and where respondents indicated that their response could be published or published anonymously, these responses have been uploaded to the Consultation Hub. Cabinet Office will publish its response to all comments received and what changes are proposed as a result by March 2024. 

Cabinet Office is committed to organising a Public Inquiry for the Draft Area Plan for the North and West in 2024; further information on how to register and get involved will follow in due course.

We asked

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.

You said

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.

We did

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.

We asked

The Department of Home Affairs undertook public consultation on the Regulations proposed to be made under the Liquor Licensing and Public Entertainments Act 2021, along with the associated Code of Practice and other matters connected to licensing.

The consultation document set out a brief overview of each Part of the Regulations and highlighted any key issues, along with setting out specific proposals for consideration. To ensure that the consultation content was accessible, detail around the proposals was highlighted wherever possible within the consultation and the content of the consultation was indexed accordingly.

You said

The Department received 28 responses, of which:

• 18 were received via the online consultation survey; and

• 10 were received in written form direct to the Department.

As well as a written consultation, the Department also hosted four public consultation sessions in the North, South, East and West of the Island. These sessions took place at intervals throughout the consultation period, to allow people to attend at a location and time that best suited them. Among the attendees at those sessions were individuals, business owners and representatives of various organisations including the licensed hospitality industry, from across the Island.

While the views discussed in the public sessions did not form part of the written record of responses to the consultation, we did capture a record of the questions asked at these sessions, and answers provided, which have been anonymised and subsequently included as an appendix to the Summary of Responses document.

All responses received during the consultation period have been carefully considered, and were valuable in both ensuring general satisfaction with the proposed Regulations themselves and in identifying some modifications that were needed or might improve those Regulations in order that they be finalised for progression to Tynwald.

We did

The Department was grateful to the many individuals and organisations who responded to the consultation either by submitting a formal response which was counted in the number of responses above, or by more informal engagement with officers of the Department during the face-to-face consultation sessions.

In the interest of comprehensively summarising the views which were formally provided, along with the main points which have been incorporated into the finalised Regulations, a Summary of Responses document has been compiled and made available via a link in the Files section below.

The Liquor Licensing and Public Entertainments Regulations 2022 have now been finalised and are now included within the Register of Tynwald Business in advance of their consideration by Tynwald in November. 

Additionally, within the Register of Business for consideration by Tynwald in November is the Liquor Licensing and Public Entertainments (Amendment and Approval of Code and Guidance) Order 2022 which seeks approval to issue the Isle of Man Licensing Forum Code of Practice and Guidance on Liquor Licensing manual as mandatory guidance. The Code itself is to be laid before Tynwald.

It is proposed that, subject to the consideration and approval of Tynwald, all Orders and Regulations setting out the new licensing framework will be commenced on 12 December 2022. In light of this, the Department has also laid on the Register of Tynwald Business the draft Appointed Day Order in connection with the Liquor Licensing and Public Entertainments Act 2021, this draft Order contains transitional provisions in connection with the proposed move to a new licensing framework. Therefore, for clarity, its content is being shared alongside consideration of the Regulations and Orders.

We asked

We asked for your views on proposals for new rights to time off work and leave, such as time off for dependents, shared parental leave and parental bereavement leave.

You said

387 responses were received. The proposals generally received overwhelming support. However, a number of issues were raised. These are set out in the consultation review document below.

We did

The Department for Enterprise is grateful to all who responded to the consultation.

As a result of the consultation the Department proposes that a Bill be drafted which will amend the Employment Act 2006 to introduce:

  • right to time off work to accompany a partner to ante natal appointments, including enabling powers to specify in secondary legislation whether the time off is paid or unpaid, the number of occasions of time off can be taken and the maximum duration of each occasion;
  • right to time off work to attend adoption appointments (for single adopters and for couples), including powers to specify in secondary legislation whether right to time off is paid or unpaid, maximum number of occasions and maximum time for each occasion;
  • right to unpaid time off work for dependants (e.g. child, spouse, parents) in order to deal with unforeseen incidents, including powers to specify in secondary legislation maximum length of time;
  • right to shared parental leave (including shared adoption leave), including powers to specify in secondary legislation conditions regarding duration, entitlement etc.;
  • right to parental bereavement leave, including powers to specify in secondary legislation conditions regarding duration, entitlement etc.; and
  • keeping in touch days for maternity leave.

Though there is no intention to introduce statutory pay at present, the Department also intends to include in the Bill a power which will enable introduction of statutory pay, for the purposes of the Employment Act 2006, through secondary legislation.

Subject to the Bill completing its passage through the Legislative Branches and receiving Royal Assent, secondary legislation implementing the rights to time off, shared parental and bereavement leave and keeping in touch days, will be brought forward. It should be noted that the secondary legislation will require the approval of Tynwald.