We Asked, You Said, We Did

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

We asked

We asked for views on a Bill to -

  • enable the application of UK animal welfare legislation to the Island;
     
  • the making of secondary legislation to support the implementation of the applied UK legislation; and
     
  • to provide for greater protections for mountain hares.

You said

We received 1,109 responses to the consultation, which were supportive of the Bill's purpose of applying UK animal welfare legislation.

However, the responses also indicated significant support for greater legal protections to be given to mountain hares than were provided for in the Bill.

A consultation summary, with respect to all responses submitted and actions taken by the Department as a consequence, has been published on the consultation page.

We did

In light of the feedback from the consultation a revised Animal Welfare Bill was submitted for first and second reading in the House of Keys on Tuesday 27 April 2021.

The Department will also give further consideration to the policy issues identified by this consultation that did not form part of this Bill.

We asked

We asked for views on how the Resolution Authority’s administrative expenses should be calculated and how this amount should thereafter be recovered by means of a levy allocated to banks.

You said

We received 8 separate responses to the Consultation Paper. Of these, none were against the proposed method of calculating the resolution administration expenses.

The Authority proposed that these expenses, for the year 2021-22, should be recovered through levies on an ‘equal share’ basis amongst the banks, early in the year 2022-23. Half of the respondents either had no comment or specifically agreed with this proposal. The remaining respondents had divergent views as to how the levy should be allocated. This included 3 banks, each with different business models, who believed their particular business model should pay a smaller share than banks operating different business models.
 

We did

The Authority believes that resolution administration expenses will be incurred in relation to all banks, certainly for an initial period. It is intended therefore to proceed with recovery of these expenses by means of a levy calculated on an ‘equal share’ basis for the year 2021-22.    

However, if over time it becomes clear that there is a significant divergence between the degrees of ongoing administrative work required for the different types of bank operating on the Island, the Authority would be pleased to discuss this with the banking industry and to consider adapting the levy allocation methodology accordingly.

We asked

We asked for your views on Regulations that the Department of Infrastructure will be making which create an obligation to carry disabled passengers on designated wheelchairaccessible taxis and their assistance dogs on all taxis, subject to exemptions.

You said

A total of 59 responses to the consultation were received, including 18 from taxi drivers and taxi operators.

The responses received suggested that wheelchair and assistance dogs users would be generally supportive of the introduction of Regulations. The consultation also identified a very clear need to consult further with the taxi industry, in particular regarding obligations to carry assistance dogs and training requirements.

We did

All responses received during the consultation have been considered, and the Department will be engaging with the taxi trade further before drafting the Regulations, in order to ensure that the issues raised in the consultation are fully explored and considered.

We asked

The Health and Care Transformation Programme Primary Care project sought views from the public about primary care services to help shape the future health and care services on the island.  

You said

The consultation attracted a total of 722 public responses, and the project welcomed all feedback and considered each comment made in response to the survey.  

We did

The project team have incorporated the public responses into the developing vision and model of care for future at scale primary care.   Responders who provided contact details were invited to interviews and events to participate in the development of the vision and model of care. 26 people attended two follow-up online focus group events in February.

A detailed summary of the consultation responses has been published below.   

We asked

The purpose of this consultation was to gather views regarding the Manx Care (Duty of Candour Procedure) Regulations 2021 which will require organisations providing people with health and care services to follow a set procedure where a person's safety has been, or is likely to be, affected as a result of using a health or social care service, including what information must be provided and when.

You said

52 responses were received: six from organisations and 46 from individuals.

  • 11 gave permission to publish their response in full
  • 34 gave permission to publish anonymously
  • seven did not give consent to publishing their responses on the consultation hub

We did

All responses received during the consultation have been considered and have helped to make improvements to the Regulations, including:

  • Clarification that the definition of 'incident' includes omissions;
  • Definition of 'relevant person' changed to provide more flexibility on who can act on someone else's behalf in receiving the information to be provided under the procedure;
  • Clarification added to confirm that any questions asked by the service user should be answered by the service provider;
  • Timescales added for publishing the annual report in relation to the duty of candour; and
  • Additional requirements added to cover publicity of the duty of candour requirements and operational policy.

The responses have also led to further detail being included in the draft operational policy for the duty of candour, which is being worked on alongside the Regulations.

It is intended that these Regulations will be introduced to Tynwald in March (subject to the Manx Care Bill 2020 receiving Royal Assent) with the aim that they should take effect at the same time as the establishment of Manx Care.

We asked

The purpose of the consultation was to seek views about the policy principles which were to underpin forthcoming licensing legislation.

The present alcohol licensing regime on the Island was recognised to be outdated, overly bureaucratic and inflexible and possible alternatives were set out within the consultation document as discussion points.

You said

The Department received 95 responses, of which –

  • 30 were on behalf of an organisation; and
  • 65 were from individuals

We did

All responses received during the consultation have been considered and have helped to make shape the Bill.

In the interests of fully and comprehensively summarising the views which were provided and the points which have been incorporated into the draft Bill a summary of responses document has been generated and made available via a link in the Files section below.

To coincide with the publication of this summary of responses, there is now also a separate brief consultation on the draft Bill itself that can  be found on the Consultation Hub, presently under open consultations (as at April 2021).

As was noted in the previous policy consultation, it was the intention of the Department that in bringing forward this Bill, following detailed consultation on the policy behind it, that the timelines for the subsequent draft Bill consultation be abbreviated to two weeks.

This is because the Department is keen to ensure that the finalised Bill is given every chance to pass through the legislative process before the House of Keys elections in 2021, and time for this to take place grows short.

We asked

For views on the proposed amendments to the Insurance (Conduct of Business)(Long Term Business) Code 2018.

You said

Respondents found our proposed approach acceptable.

We did

We finalised the Insurance (Conduct of Business)(Long Term Business) Code 2021 for implementation on 1 July 2021.

We asked

We asked for views on proposed increases to fees payable to the Authority from 1 April 2021 and 1 April 2022.

You said

We received 20 separate responses to the Consultation Paper. Three confirmed that they either had no comment on the proposed fee increases or that the proposals would not have a material impact on their businesses. Comments from the remaining 17 respondents covered the following themes: timing; amount; allocation of additional Authority resources; and impact on business competitiveness.

We did

The draft fees legislation that was consulted upon, together with an updated version of the Insurance (Fees) Regulations 2021, will be finalised for laying before Tynwald at the next available sitting, for commencement on 1 April 2021.


The fees payable from 1 April 2022 will be reviewed in the summer of 2021 to determine if the rate of those fee increases should be changed in light of data available at that time on the financial impact of the pandemic on the financial position of Regulated Entities and Designated Businesses, and the state of the business environment.

We asked

The purpose of the consultation was to gather views regarding the Department’s existing Mid Rent Housing pilot scheme and its current eligibility criteria and pointing system.

You said

62 responses were received to our survey, 60 of which were submitted on the Consultation Hub, the remaining responses were submitted via email. We received a wide range of comments in the responses, in particular we received many different views about the financial and Island Residency thresholds that should be applied to Mid Rent Housing applicants. All responses received during the consultation have been considered and are assisting the Department to further develop a Mid Rent Housing Policy.

We did

The Department has prepared a response report which has received Ministerial approval. We are now working with members of the Housing Operations Team to review the feedback received during the consultation and carryout of further research into similar projects to evaluate how this project should proceed in the future.

We asked

The Treasury sought views on the draft Administration of Justice and Other Amendments Bill 2021.

You said

In total 17 responses to the consultation were received.

Nine respondents provided comments on the draft Bill through the consultation hub.  Eight of these respondents gave permission for their comments to be published.

Eight respondents provided written responses to the consultation (outside of the consultation hub).  Five of these respondents gave permission for their comments to be published.

We did

All responses to the consultation were considered by the Treasury, in light of which, a number of amendments to the draft Bill were made.  The Bill has subsequently been finalised for consideration by the Council of Ministers and introduction to the branches of Tynwald.

We asked

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.

You said

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.

We did

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.

We asked

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.

You said

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.

We did

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.

We asked

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

You said

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

We did

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.  

We asked

The purpose of the consultation was to seek views on a draft Adoption Bill, which will update the Island’s adoption legislation and bring it in line with best practice.

The public consultation on the Bill began on 14 September 2020 and ended on 23 October 2020.

You said

The consultation received a total of 100 responses. Of those responses 96 were via the online consultation hub and a further 4 were received by email.

Of the 96 online responses 96% were from individuals and 4% were from organisations.

We received 4 responses by email with 3 from organisation and one from an individual who wished to remain anonymous.

On the whole the content of the Bill was supportive. Some respondents shared their personal experiences of adoption which we found helpful.

There were some issues raised in relation to a few clauses however, which we have addressed in the response below.

We did

We are in the process of amending the draft Bill with the aim to introduce the Bill to the branches of Tynwald during the early part of 2021.

We asked

The Cabinet Office has undertaken a six week public consultation that sought views regarding amendments to the Beneficial Ownership Act 2018. The amendments are intended to improve the accuracy of the database and meet international standards in respect of timeliness, whilst addressing several technical compliance deficiencies identified in the Islands Mutual Evaluation Report 2016, conducted by MONEYVAL.

You said

15 responses were received to the consultation, the majority coming from local companies and individuals and a small number on behalf of local industry professional associations and non-profit organisations. All responses received during the consultation were welcomed and considered in the further development of the legislation and ongoing operational policy before a final version of the Bill was arrived at.

We did

The Bill was revised to take account of the consultation feedback, as well a number of drafting comments provided which proved useful in identifying some changes that have benefited the drafting of the Bill. The revised Bill is due to be introduced into the Branches for its first reading in the House of Keys on Tuesday 08 December 2020.

We asked

The Department of Environment, Food and Agriculture is seeking views on proposals to introduce Water Quality Objectives (WQO) and Environmental Quality Standards (EQS) to assess water quality and monitor compliance for inland, coastal and bathing waters in the Isle of Man.

You said

17 responses were received to our survey and found our approach acceptable.

We did

The Department has drafted the Water Pollution (Standards and Objectives) Scheme 2020 which will be brought to Tynwald in December 2020. Within the draft scheme the Environmental Quality Standards and Water Quality Objectives are included and policy documents have been produced to outline how the scheme will be implemented. The feedback from the consultation will be used to review the current monitoring programme and investigations.

We asked

The purpose of the consultation was to seek the views of the public and the relevant professional persons and bodies regarding the Department of Health and Social Care’s (“the Department”) development of policies that will shape the Island’s Capacity Laws.

You said

A total of 154 responses were received to the Consultation, 131 from individuals and 23 from organisations.


Overall, there was strong support of the need for a modern and clear legal framework for people who may have lost the capacity to make decisions for themselves and consensus as to what the overarching principles should look like.

We did

The results have been analysed and the written submissions have being assessed with attributing themes applied to enable the Department to properly consider each response in full for the purpose of informing the content of the Capacity Bill.


After considering the outcomes of this consultation, the Department will progress a public consultation on a draft Capacity Bill during Spring 2021.
This consultation response report is published online at: https://consult.gov.im/we_asked_you_said/

We asked

The purpose of this consultation was to gather views regarding the Council of Minister’s proposal to introduce a Civil Contingencies Bill 2020 ─ this aims to develop new legislation to replace the Emergency Powers Act 1936, which was used during the Island’s recent response to Covid-19.

You said

36 responses were received to our survey. Cabinet Office welcomes this constructive engagement. These came from members of the public, Government Departments and members of Tynwald.

All responses received during the consultation have been considered and are assisting the further development of the legislation and operational policy before a final version of the Bill is arrived at.   

We did

We have carefully considered all the feedback received, and recommended various amendments for political decision, after which, a final version of the Bill is aimed to be progressed for further consideration.

We asked

We consulted on Regulations to update the Ship Registry’s existing Merchant Shipping (Manning & STCW) Regulations to give effect to the latest amendments to the STCW Convention.

You said

We received two responses, both were positive and supported the changes to legislation.

We did

The intention is for the changes in legislation to be made early in 2021, the Ship Registry will advise clients and issue a Manx Shipping Notice once the changes have entered into force.

We asked

We asked for your views on increasing the limit on holding ordinary shares (savings limit) in a credit union.

You said

20 responses were received, none of which opposed the idea and 18 were wholly supportive.

We did

The legislation was made as proposed and will come into effect in January 2021, subject to Tynwald approval.