We Asked, You Said, We Did

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

We Asked

The Communications Commission is required to review the Mobile Termination Rate annually. We consulted on our draft decision to retain the rates at 1.25 pence per minute for a further year from 1 May 2018.

You Said

We received 2 responses to our consultation. Neither objected to our draft decision.

We Did

We have made the decision to retain the rates at 1.25 pence per minute. This will be effective from 1 May 2018 for a one year period.

We Asked

The Cabinet Office asked for feedback on proposed changes to the Isle of Man’s new data protection framework between 23 January and 5 March 2018. The proposed enabling Data Protection Bill, with secondary legislation comprising draft Orders implementing the GDPR and the LED, and implementing regulations were published with the consultation, along with a number of questions on various areas of fundamental policy.

You Said

The consultation attracted over 50 responses in total, from a number of categories of respondent, including businesses, industry associations, local authorities and individuals, in addition to Government Departments and other associations. The majority of responses supported the specific questions set out, and set out further comments on diverse areas from drafting and typographical issues, areas requiring clarification or further regulation, or specific issues such as modifications and exemptions.

We Did

The Cabinet Office has considered all of the comments and suggestions received. A paper providing full details of the consultation feedback, and the Cabinet Office’s responses has been published on the Isle of Man Government’s Consultation Hub. The enabling Bill completed its passage through the House of Keys and Legislative Council, and as a direct result of the consultation, parts of the draft GDPR and LED Orders, together with significant parts of the Implementing Regulations have been amended. 

The revised Orders and Implementing Regulations as amended are due to be laid before Tynwald at its May sitting. There will be further development of additional secondary legislation and such guidance, codes or otherwise as required to ensure proper implementation of the GDPR and the LED.

We Asked

We asked for information about the services provided by businesses that sell insurance alongside their principal goods or services. These businesses are not registered with the Financial Services Authority because of an exemption within legislation. We wanted to gather more information to determine what level of regulation is appropriate for this type of business before producing firm proposals for consultation.

You Said

We received 2 responses to the survey, both of which requested that they remain anonymous.

We Did

Taking the responses we received into account, we plan to issue a consultation paper in April 2018 which will set out the Financial Services Authority’s proposals on the exemptions from the regulatory framework for insurance intermediation.

We Asked

The Department of Infrastructure invited comments on the proposed amendments to the existing public sector general housing Access and Eligibility criteria to gauge public opinion before the proposed amendments are finalised and taken forward for approval by Tynwald.

You Said

We received 186 responses to our consultation which were generally in favour of the proposed revisions.

We Did

A summary report of responses has been published on the Consultation Hub.

Based upon your feedback we are progressing with the proposed amendments which will be submitted to Tynwald for approval.

We Asked

The Cabinet Office asked for feedback on proposed changes to the Isle of Man’s antiĀ­-money laundering and other financial crime legislation between 18 December 2017 and 5 February 2018. These changes were included in a draft Anti-Money Laundering and Other Financial Crime (Miscellaneous Amendments) Bill 2017 and accompanying draft Anti-Money Laundering and Countering the Financing of Terrorism (Unregulated Trustees) Code 2017.

You Said

The consultation attracted 18 responses in total; 12 by email or post and 6 online. There were a number of categories of respondent, including businesses, industry associations, local authorities and individuals, in addition to a Government Department and a charity. 14 respondents provided comments and 4 respondents made no comments.

We Did

The Cabinet Office has considered all of the comments and suggestions received. A paper providing full details of the consultation feedback, and the Cabinet Office’s responses has been published on the Isle of Man Government’s Consultation Hub. 10 consultation responses have been published in full or anonymously, where such permissions have been given by respondents. As a result of the consultation, some parts of the Bill and the Code have been amended. The revised Bill is due to be introduced into the House of Keys on 6 March 2018.

Legislative Updates:

First Reading – House of Keys 6 March 2018

Second Reading - House of Keys 13 March 2018

 

We Asked

We asked for feedback on the final draft of the Insurance (Conduct of Business) (Non-long Term Insurance) Code 2017 (“Code”), which places conduct of business requirements on authorised insurers effecting non-long term contracts of insurance with third parties.

You Said

We received 2 responses, but there were no substantive comments on the Code.

We Did

We will progress with the Code and expect to implement it on 1 January 2019. 

We Asked

The object of the consultation was to review the existing legislation relating to tourism in the Isle of Man and to seek views on possible changes to that legislation, with a view to providing an up to date code which will encourage and support the tourist industry as part of the modern economy of the Island.

 

You Said

The consultation attracted 79 responses. 30 were on behalf of organisations, while 49 were from individuals.

We Did

The Department is currently considering the comments received. It is anticipated that a full review paper will be published on the Consultation Hub in June 2018.

We Asked

We asked for comments from any interested parties regarding awarding spectrum between Bluewave, Manx Telecom and Sure in the 900 MHz, 1800 MHz, 2100 MHz, 2.6 GHz and 3.4 GHz bands.

You Said

8 responses were received to the consultation. Only one potential issue was flagged, regarding possible interference in the 3.4 GHz band with amateur radio. Sure also took the opportunity to request an additional 5 MHz at the top of the 2100 MHz band.

 

We Did

The Communications Commission has recommended to Ofcom that additional spectrum in the 900 MHz and 1800 MHz bands be awarded to Manx Telecom and Sure. We are still considering potential interference issues in the 3.4 GHz band and will make a decision on this point in due course. Further, we are inviting comments on the additional request by Sure, for the 5 MHz at the top of the 2100 MHz band, by 13th April 2018, following which we expect to be in a position to make a further recommendation to Ofcom on additional assignments in the 2100 MHz band.

 

We Asked

We asked for feedback on the proposed introduction of new financial reporting requirements for Local Government.

You Said

The Consultation attracted 17 responses in total, 10 uploaded to the Consultation Hub directly by respondents, 4 by way of letter received within Treasury, and 3 by way of email to Director, AAD.

Permission was granted to publish the responses in full in 8 cases, while a further 4 allowed publication anonymously. 5 responses are not published due to consent purposes.

Although 3 of the 17 responses were received after the consultation deadline,  consideration was given to these responses as far as possible.

We also held a face-to-face consultation with key technical representatives from the sector to discuss responses received, assisting towards proposing consensus recommendations to take into account for updating the regulations. 

Whilst all responses have been considered, only those providing permission to publish have been included within this document.

We Did

We are publishing the responses to the Consultation document. We have considered the responses and where we have considered it appropriate, amended the proposals. 

The new regulations will be submitted to Tynwald for approval in March 2018.

We Asked

The Communications Commission published a survey, gathering views and information from the public on how broadband services across the Isle of Man are used.

You Said

We received 516 responses to the survey. Thanks are due to each person that took the time to complete it.

We Did

We published a report containing the results on the Communications Commission website and on the Consultation Hub.

We Asked

In order to gather public feedback on the possible changes to the planning system being considered by Government, a consultation was published as an Online Survey on the Consultation Hub. It consisted of 55 questions.

You Said

There were 171 submitted responses although the respondents could choose not to answer some of the questions. Responses to the survey submitted online or via email/letter provided comprehensive comments have shaped the future work programme.

We Did

Consultation responses have been published in full or anonymously, where such permission has been given by the respondent.

The ideas contained in the consultation have been assessed in terms of public support, the benefits that each change would be expected to deliver and the ease of implementation.

This process helped to establish a number of actions that will deliver a clearer, simpler and more effective planning system that works for the interests of our residents and businesses.

The action plan on proposed planning reform will be announced by Policy and Reform Minister Chris Thomas MHK at the May 2018 sitting of Tynwald.

We Asked

We asked for feedback in respect of 3 main policy options which will shape the first phase of legislative reform regarding the collection of civil debt. This focused on what improvements could be made to the underlying framework of how debts are recorded and made accessible, and options that would affect how debts are recovered by the coroners.    

You Said

Most respondents welcomed the proposals recognising the need for change in the areas outlined.  Some concerns were raised about the practical impact that certain changes may have. The Treasury has responded to these concerns within the feedback document. 

We Did

The Treasury has published full details of the feedback where permitted by respondents and also outlined proposed next steps.  Drafting instructions will now be progressed based on the agreed policies and a draft Bill will be brought forward for further full public consultation within the coming months. 

This initial Bill represents phase 1 of a 3 phased approach to reform all relevant underlying legislation, organisational frameworks and procedures relating to the collection of civil debts. Phase 2 will review the current coroner structure and the third phase will consider options for reviewing the existing insolvency framework.      

We Asked

For feedback on proposals to make new Regulations to give effect to the latest version of Chapter 1 to the International Convention for the Safety of Life at Sea (SOLAS) which regulates the survey and certification of ships.

You Said

We received no substantive comments on the proposals.

We Did

We are progressing with the Regulations and expect to submit them to Tynwald in the next few months.

We Asked

We asked for the views of the public on proposals for the next phase of the Bovine Viral Diarrhoea (BVD) Scheme – proposals which have been designed to progress further towards eradication of BVD.

You Said

The consultation attracted 25 responses in total – 23 online and 2 via email.

The vast majority of respondents acknowledged the need for the BVD control strategy to be taken forward towards eradication. There were some concerns around potential costs and movement restrictions. Further guidance on biosecurity was strongly recommended by the respondents.

We Did

We have published a Summary of Responses to the Consultation document. Noting the feedback received, DEFA will further develop the proposed changes to the BVD Scheme.

We Asked

For your views on how accessible and affordable pre-school and early years education and childcare is at present and what the barriers to accessing effective early years provision are and how these can be overcome.

You Said

A total of 307 responses were received

  • 303 (98.7%) of the responses were received were from those adults who have main or shared responsibility for making decisions about childcare or nursery/pre school education for at least one child aged 5 or under living in their household
  • 4 responses (1.3%) were not

All responses received were online.

When asked about adequacy of provision you said

  • 3-4 year olds – 19% of parents/carers found it very difficult or fairly difficult to find provision
  • 2-3 year olds – 33% of parents/carers found it very difficult or fairly difficult to find provision
  • 0-2 year olds – 68% of parents/carers found it very difficult or fairly difficult to find provision

Barriers to accessing provision

For those who found it very difficult or fairly difficult to find a place for your child

  • 22% said it was due to lack of places  
  • 20% said that there was an issue with places for under 2’s
  • 15% said it was the expense 

We Did

Increase the value of pre school credits providing a universal credit of £3,420 per annum.

Extend the pre school voucher to include registered child-minders.

Share information with providers in order to monitor the capacity of settings to provide sufficient places.

Work with the Department of Health and Social Care Registrations and Inspections Unit to inspect the quality of education provided within all early years settings.

Work with the Department of Infrastructure to explore the possibility of making other government buildings available for tender in order to provide additional early years provision.

We Asked

The Communications Commission asked for views on whether a review of internet service provider licences is necessary at this time.

You Said

We received 12 responses to our consultation. The responses we received were varied and raised useful and interesting points which require further detailed consideration by the Communications Commission.

 

We Did

We are considering further some additional points raised as part of the consultation. We are due to appoint up to 2 new Board Members in April 2018 and will aim to bring a suggested proposal to the Board after April to ensure that our newest Members can have input. 

We Asked

Our consultation paper proposed requirements for life insurers which belong to groups of which we expect to be the group supervisor. This follows the framework for group supervision which is set out in the Insurance (Amendment) Act 2017. 

You Said

We received 1 response from an interested party. 

We Did

We will now develop regulations on the basis of the proposed requirements which will be subject to consultation in due course. 

We Asked

We asked for the views of the public on the policy principles on which the new Education Bill will be based, to reflect changes in education practice both in the UK and other jurisdictions.

You Said

A total of 535 responses were received to the consultation – 528 online responses as well as 7 responses by post and email. 87% of responses were made from respondents living on the Isle of Man.

The majority of the responses were supportive of the principles proposed by the Department and most agreed with the policy principles suggested. Only questions 10 (extension of fines) and 13 (school catchment areas) elicited a more varying range of responses:

  • Q10 – 45% of respondents supported the proposal, with 53.7% either against or unsure
  • Q13 – 48% of respondents were against the proposal, with 50.6% either in favour or unsure

We Did

The Department has considered all of the comments and suggestions received as part of this consultation analysis and has produced a short paper summarising its responses and intentions in each area of the consultation. This has been added to the consultation hub alongside the 399 (permitted) full or anonymised published responses.

In view of the support for the proposals, the Department intends to proceed with drafting instructions for the new Bill using the policy principles notified at the start of the consultation process. 

This will include retention of school catchment areas in its current form for the reasons mentioned in the aforementioned responses report. However the proposal to extend the current fines provisions will be reconsidered in view of the comments made.

We Asked

We asked for the views of the public on the proposed Civil Aviation (Charges) Scheme 2018 which would revoke and replace the Civil Aviation (Charges) Scheme 2017.

You Said

There were no consultation responses.

We Did

The Scheme has been submitted to the January 2018 sitting of Tynwald for their approval.

We Asked

Our consultation paper proposed developments and enhancements to the regulatory framework in relation to General Insurance Intermediaries. It included for consideration replacement Regulations and a draft Code on conduct of business requirements for the General Insurance Intermediary sector.  

 

You Said

We received 13 responses from interested parties.

We Did

The Authority has considered all of the comments and suggestions received, and has had meetings with stakeholders to further discuss the comments prior to proposing some amendments to the original proposals. A paper providing details of the consultation feedback, the Authority’s responses and the detail of the amended proposals is set out in Consultation Response CR18-02/T08 published on the Isle of Man Government’s Consultation Hub.

We Asked

We asked for the views of the public on the proposed content of a draft Safeguarding Bill; a Bill which has been designed to bring Safeguarding into statute, thereby strengthening the safeguarding arrangements.

You Said

The consultation attracted 31 responses in total  - 21 online responses as well as 10 responses by post and email.

Most respondents acknowledged the need for Safeguarding to be put on a statutory footing. There were some queries around the formation and make- up of the board and a small number were looking for more explanation around some of the definitions.

We Did

Full consideration has been given to the consultation responses received. Some minor amendments and development of definitions within the Bill were made before preparing the Bill for introduction to the Legislative Branches. 

First Reading - 7 November 2017

Second Reading - 14 November 2017 

Third Reading - 5 December 2017 

We Asked

As part of this consultation, the Department of Infrastructure asked a number of questions relating to the proposed work on active travel, including specific definitions, opinions on the long-term vision, the proposed initial areas of work and targets set by the Department to increase the number of people travelling actively. 

You Said

A total of 379 responses was received to the consultation. In general, many of the responses were supportive of the proposed work by the Department and agreed with most of the proposed definitions. A significant number of comments were received in relation to each of the questions asked.

We Did

All of the comments and suggestions received have been considered as part of this consultation analysis, and will be further considered by the officer group as part of the preparation of the forthcoming Active Travel Strategy and action plan. 

We Asked

Following permission in January 2017 to bring forward a private members bill, Dr Allinson asked for feedback on the draft Abortion Reform Bill between 7 August and 18 September 2017. 

You Said

3644 people responded, including submissions from medical organisations, support organisations and campaign groups.

Of these responses, 77.7% were from women, and 21.8% from men. The majority of responses to the online survey were from people who told us they were aged between 17 and 54. 93.6% of responses were from people who told us that they live in the Isle of Man and 6.3% who told us that they live elsewhere, generally in the UK and Ireland.The majority of responses were in favour of reform. 

We Did

A huge number of responses were submitted.The comments have been analysed and used to inform the development of the next draft of the Bill.  

Committee of whole house - witnesses examined – House of Keys 13 February 2018 

further details on the Tynwald website.

 

We Asked

Our consultation paper sought views on the permanent transfer of registry and public record office functions from the General Registry to the Department for Enterprise. The functions were transferred with effect from April 2015 under delegation as an interim arrangement. 

At DfE the functions have been combined with its existing Companies Registry functions to create a new Central Registry which is responsible for a range of registers.

The Bill seeks to make legislative changes to implement the transfer permanently.

You Said

We received 11 responses.  The majority of which were courtesy responses from notified bodies, such as local authorities, not wishing to comment; or individuals asking for further background but not making comment.

One response suggested that the judicial aspects of Land Registry Legal Officer role, which is currently carried out under delegation from a Senior Court officer, required consideration within the new Central Registry structure. 

Following further consultation with the Land Registry User Group and number of suggestions where raised in regard to the registration of Deeds.

We Did

Safeguards were added to Legal Officer’s role, to explicitly maintain its independence in relation to its judicial and quasi-judicial functions. 

At the request of the Land Registry User Group minor changes for the registration of pre-emption agreements (a conditional contract) have been added for clarity and avoidance of doubt to the Registration of Deed Act 1961.

We Asked

Our consultation paper proposed the introduction of a new pension scheme which would extend pension freedoms. The document set out the main features of a proposed new scheme, posed a number of questions and invited feedback and suggestions on the proposals.

You Said

We received 68 responses from interested parties. The majority were in favour of a fully flexible scheme or a degree of pension freedom.  

We Did

Following the consultation period, we reviewed the responses and gave further consideration to the proposals in light of the comments received. Subsequently, certain features of the proposals were amended while others were retained. Legislation providing for the introduction of a new pension scheme was then drafted and formed part of the 2018 Budget. If approved by Tynwald at the February sitting, pension providers on the Island will be able to introduce the new pension scheme from 6 April 2018.