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 sought your views on proposals for the definition of relevant telecommunications markets, Significant Market Power determinations, and proposed obligations to remedy identified competition issues.

You Said

In total 5 responses from licensed operators were received in response to the consultation: 4 were received using the consultation hub and 1 by email.

We Did

The Communications Commission is now considering your responses and conducting a review of the final decisions with the intention of publishing a final response and decision notices by 30th September 2019.

We Asked

The Department of Environment, Food and Agriculture (DEFA) consulted on options for possible inclusion in a new climate change mitigation strategy for 2020-2030 and interim targets.

The Isle of Man is faced with an energy trilemma, of balancing energy security, affordability and minimising the impact on the environment.

The United Nations has stated that Climate Change is the defining issue of our time and that urgent action must be taken now.

As part of the consultation we asked for opinions on:

  • education and promotion of energy efficiency;
  • improving energy efficiency in buildings;
  • electrification of the heating and transport sectors;
  • planning for when existing fossil fuel power generation is decommissioned so it will be replaced with low emission and sustainable generation;
  • improve efficiency and sustainability in land use and the waste sector.

You Said

We received 1,029 responses (96% from individuals).

  • 93% support change of public behaviour through long term awareness raising and initiatives;
  • 93% support new buildings being built to a “nearly zero emissions” standard;
  • 88% support a minimum energy efficiency standard when renting or selling properties;
  • 92% support community renewable energy;
  • 86% support installation of renewables before 2030s;
  • 95% support for grants and loans to invest in property energy efficiency;
  • 81% support Planning Permitted Development Orders for installation of air source heat pumps in non-conservation areas;
  • 80% support onshore wind generation in the Isle of Man;
  • 79% support free bus service;
  • 79% support the use of a Manx Standard Assessment Procedure (SAP) energy efficiency rating for properties.
  • 77% support phasing out the sale of new petrol and diesel cars – 16% against;
  • 62% support the introduction of a Climate Change Levy on new fossil fuel boilers – 26% against;
  • 59% support levy on fossil fuel heating – 28% against;
  • 47% support a supplement on road tax for all fossil fuel vehicles – 40% against;
  • 79% prepared to pay separate tax or levy for climate change – 16% unwilling to pay;
  • 49% would pay more than 2% of household income on energy efficiency – 10% would pay none.

Please see report for a more detailed analysis.

We Did

We would like to thank those that took the time to answer the consultation online or in writing.

The Chief Minister has announced that a Climate Change Bill will be introduced in the next legislative year committing this government and future administrations to reach net-zero carbon emissions. Your consultation responses will be considered by the recently created Emergency Consultative Transformation Team to assist with producing a climate change action plan that will go to Tynwald in January 2020.

If the plan is approved by Tynwald, it will be used to assist in the drafting of the Climate Change Bill, and there will be a further consultation on the legislation and we would again welcome your feedback at that time. 

We Asked

The Cabinet Office asked for feedback on a wide range of possible changes to the Island’s domestic and non-domestic rating systems. The feedback was sought on the following main areas:

  • How non-domestic rates should be raised and collected
  • Whether there should be the ability to offer discounts to certain economic sectors
  • How should charities be treated within the rating system
  • Whether there should be transition periods for those experiencing significant increases and decreases
  • Prompt payment discounts
  • Should discounts be offered on domestic rates in relation to single person occupancy and ability to pay.

You Said

We received 346 responses to the consultation on the Consultation Hub and a further 18 written responses to the consultation on modernising the Isle of Man rates system. During the consultation process we also hosted a number of workshops to bring together the 22 Local Authorities to discuss their thoughts on modernising the rates system, their concerns and ideas, and during this time we also answered numerous phone calls and emails regarding the consultation.

We Did

We would like to thank those that took the time to answer the consultation online or in writing. The consultation responses are being used to finalise plan for rates modernisation which is currently being drafted. The responses to the consultation will be published in due course.

If the plan is approved by Tynwald, draft legislation to support modernisation process will be created, and there will be a further consultation on this legislation and we would again welcome your feedback at that time.

We Asked

A public consultation was undertaken by the Cabinet Office between the 6 March 2019 and 11 April 2019 to seek comments on proposed amendments to the Proceeds of Crime Act 2008.

The proposed amendments looked to tackle two issues identified as adversely impacting progress towards meeting recommendations made in the MONEYVAL Mutual Evaluation Report of the Isle of Man, in relation to the effectiveness of the islands confiscation regime.

The main aims of the proposed amendments are:

- to lower the level of proof required in cases being heard by courts concerning the restraint of assets, where it is suspected that the alleged offender has benefitted from criminal conduct, whilst investigations are taking place.

- to increase the powers available to civilian financial investigators in order to extend the capabilities of the Asset Recover Unit and of the Economic Crime Unit in the pursuit of the proceeds of crime.

You Said

The Cabinet Office received no responses to the consultation in respect of the amendments to the islands confiscation and asset recovery regime.

We Did

Whilst no responses were received in respect of the proposed amendments, the Cabinet Office felt it necessary to incorporate a new provision that requires the Court to seek reports from the applicant for a restraint order to update it as to the progress of the investigation; discharging the restraint order if proceedings are not commenced in a reasonable time. This will provide additional protection which ensures that restraint orders are being actively managed.

A revised draft will be laid before Tynwald for approval in the coming months.

We Asked

A public consultation was undertaken by the Cabinet Office between the 6 March 2019 and 11 April 2019 to seek comments on proposed amendments to the Proceeds of Crime Act 2008 and Anti-Terrorism and Crime Act 2003.

The proposed amendments sought to address a number of technical compliance deficiencies and other issues highlighted in the MONEYVAL Mutual Evaluation Report of the Isle of Man, pertaining to tipping-off.

The MONEYVAL assessors considered that legislation in respect of tipping-off was set too narrowly as tipping-off only occurs in IoM legislation when disclosure that a suspicious activity report (SAR) has been made is likely to prejudice an investigation. This is not commensurate with FATF ‘Recommendation 21 – Tipping-Off and Confidentiality’.

It was therefore proposed that the tipping-off offence in POCA was amended and that a new tipping-off offence was introduced in ATCA compliant with FATF Recommendation 21 but that further allows proper liaison within the regulated and Designated Non-Financial Businesses and Professions (DNFBP) sectors when suspicions are held and to provide for voluntary information sharing, in certain circumstances.

You Said

In total, the Cabinet Office received 3 responses to the consultation.

The responses highlighted concerns in respect of the proposed ‘voluntary information sharing` provisions, as it was believed that the amendments would go beyond FATF requirements and could lead to an unnecessary increased risk of tipping-off.

We Did

We would like to thank those that took the time to answer the consultation.

Following the consultation period a decision was made not to proceed with the proposed amendments in respect of ‘voluntary information sharing within the regulated sector` and that these provisions would reviewed at a later date; preferably when there was more evidence available to support the effectiveness of this measure in the UK.

The amendments that detail the circumstances in which a tipping-off offence is committed, shall be the only provision to remain from the consultation; this will be laid before Tynwald for approval in the coming months.

We Asked

The Department of Environment, Food & Agriculture consulted on a proposed new Agricultural Strategy. Feedback was sought on the following areas

  • Do you agree with the Vision statement that wants a reliable and profitable food chain, an enhanced environment and opportunities for new and existing businesses to flourish through investment in infrastructure?
  • Do you agree that the 4 main objectives are important for securing a sustainable agricultural industry?
    • The environment - Providing support for targeted initiatives that produce conserved and cherished landscapes, enhance biodiversity, sequester carbon and, improve water quality and reduce flood risk.
    • Supporting active farmers - ensuring that financial support is targeted at businesses producing food, protecting the environment and catchment and landscape management.
    • Productivity - supporting marketing, efficiency, knowledge, benchmarking and advice to sustainably improve farm profitability and secure the long-term viability of the industry, post BREXIT.
    • Investment - increasing investment through capital grants, business confidence and profitability.

You Said

We received 186 responses to the consultation; some twenty written responses were added to the consultation hub to facilitate analysis.

Over 90% of respondents supported the vision statement of the Strategy

Over 80% were in favour of the four main objectives of the Strategy

Please see full report for more detailed analysis.

We Did

We would like to thank those that took the time to answer the consultation online or in writing.

The consultation responses are being used to finalise an Agricultural Strategy which will be submitted to the appropriate political scrutiny. The intention is to put a proposed new Agricultural Strategy before Tynwald later this year.

We Asked

The Department of Health and Social Care (DHSC) consulted local Isle of Man residents on the medicinal use of cannabis to give them an opportunity to express their views on how medicinal cannabis could be made available on the Isle of Man.

Medicinal cannabis is cannabis consumed with the objective of reducing symptoms of a medical condition. This differs from recreational use where the purpose is to achieve a sensation of euphoria or relaxation, often referred to as a ‘high’.

On 1 November 2018, the scheduling of cannabis based medicinal products under the Misuse of Drugs Legislation changed.  As a result of the application of earlier legislation in the Isle of Man, the Statutory Instrument that made this change in England, Wales and Scotland also applied in the Isle of Man.  The law in the United Kingdom (UK) changed to allow medicinal cannabis to be used in very limited circumstances and this change affected our law too.   In the Isle of Man, we have the opportunity to consider whether we want our approach to medicinal cannabis to remain in line with the UK, or whether we take an alternative approach

You Said

We received 3,285 responses from Isle of Man residents and local organisations (99% from individuals).

Only 0.8% of respondents were NOT in favour of the introduction of medicinal cannabis

The majority of respondents that were in favour would like to see it offered as a quality assured product direct to the public for self-medication through accredited dispensaries (option D) or as a framework similar to the Netherlands (option C)

62% were in favour of restricting access to adults over the age of 18

95% would support the cultivation and manufacture of medicinal products in the Isle of Man subject to a suitable regulatory framework.

Please see full report for more detailed analysis.

We Did

Analysed responses will now be made available to politicians to consider next steps.

We Asked

The Department of Health and Social Care (DHSC) consulted local residents on a framework for licensing hemp for industrial use on the Isle of Man.

Industrial hemp is grown for commercial use as a fibre or foodstuff. Hemp is a variety of cannabis sativa and is one of a number of plant species that can be used for fibre production. Hemp varieties contain very low levels of the chemical delt-9-tetrahydrocannabinol (THC) and, therefore, do not have the psychoactive properties of cannabis used for recreational use.

Under the Misuse of Drugs Act 1976, it is illegal to cultivate any plant of the genus cannabis. Therefore, growing hemp for industrial purposes at the present time is also illegal under the Act.

However the Act does make provision for the DHSC to make regulations that would enable licenses to be granted to grow cannabis species. Therefore, through the consultation process the DHSC sought the views of Isle of Man residents on the acceptability of industrial hemp as a commercial crop.

You Said

We received 1,012 responses from Isle of Man residents and local organisations (99% from individuals).

97% of respondents support the introduction of a regulatory framework within which industrial hemp production could be permitted on the Isle of Man.

The majority of respondents (63%) supported a similar framework to that currently in place in the UK however respondents were split almost 50-50 between keeping the UK framework as it is and wanting changes to the UK framework before implementation in the Isle of Man.

Please see report for more a detailed analysis.

We Did

Analysed responses will now be made available to politicians to consider next steps.

We Asked

The Department of Education, Sport and Culture (DESC) consulted Isle of Man residents on the draft Education Bill.  The purpose of the Bill is to modernise existing legislation and address matters which include:

  • Considering fundamental principles of education in the Isle of Man and updating the duties of the DESC as well as developing provisions around financial assistance for pupils.
  • Having a range of school types and considering regulation of catchment areas
  • Inappropriate use of social media
  • Being more flexible in pupils starting compulsory schooling and considering holidays during school terms
  • Assessing work done by those of compulsory school age being educated otherwise
  • Having principles underlying Additional Educational Needs and introducing an Additional Educational Need Code
  • Assessing the educational provision of pre-school education
  • Regulating educational institutions and private tutors
  • Introducing an Educational Tribunal to deal with issues

You Said

In total there were 588 responses considered, the majority of which were submitted via the Consultation Hub and others which were either emailed in or submitted in hard copy.  A range of views were expressed across the all questions.

We Did

Responses were analysed to see whether there were any dominant views, which are detailed in the overview document.  These were then considered by the Department with suggestions being put forward for drafting instructions to revise the draft Bill.

We Asked

The Department of Home Affairs consulted on a draft Sexual Offences and Obscene Publications Bill. The purpose of the Bill being to modernise and consolidate the legislation relating to sexual offences, indecent advertisements and obscene publications and address important matters such as:  

  • updating the definition of consent to ensure that it provides appropriate and clear protection for victims
  • reviewing sentences for offences
  • addressing image-based abuse
  • modernising the legislation relating to pornography and obscene publications
  • the pardoning and removal of criminal records relating to historic consensual homosexual offences

You Said

In total, 204 responses were received via the Consultation Hub and a further 7 responses were received by letter/email of which the vast majority were from private individuals. 

The responses were positive in their views and also were very helpful in terms of their answers or suggestions in relation to questions asked, or issues to be addressed.

Please see full feedback document for more detailed analysis.

We Did

Analysed results were submitted to the Department with proposals for appropriate improvements to the Bill. The Department duly considered and approved improvements to the Bill; these were then made by the Drafters in the Attorney General’s Chambers. The Bill was authorised for printing and introduction into the House of Keys by the Council of Ministers and will receive its First Reading on Tuesday 25 June 2019.

We Asked

Our consultation paper outlined proposals for enhancements to the Authority’s existing regulatory framework in relation to corporate governance requirements for general insurance intermediaries (“intermediaries”) and included a draft Governance Code.

You Said

We received 4 response from interested parties. 

We Did

We will take account of feedback in when incorporating the governance requirements proposed in CP18-07/T08 into consolidated regulatory requirements for intermediaries, which will be subject to further consultation in due course. 

We Asked

The purpose of the consultation was to ask for views on a proposed set of updated Regulations to give effect to the latest version of MARPOL Annex I. The current Regulations applying MARPOL Annex I are the Merchant Shipping (MARPOL Annex I – Prevention of Pollution by Oil) Regulations 2006, which will be revoked.

You Said

We received two responses to our consultation. The Department of Infrastructure suggested that we consider how awareness of the new regulations could be disseminated to smaller boat owners/operators, particularly those whose vessels are not registered with the Ship Registry.

The second response concerned the format of the consultation and the way in which the information was expressed rather than the Regulations themselves.

We Did

We intend to work with the Department of Infrastructure and other interested parties to ensure that information was transmitted to all owners and operators in the most efficient way.

We will proceed with the proposed changes to Regulations which shall be laid before Tynwald for approval in the coming months.

We Asked

The purpose of the consultation was to seek comments on the proposed content of the Safeguarding Board (Qualifications and Procedures) Regulations 2018, which set out the functions and operation of the Board and the Safeguarding Together Guidance, which provides a framework for professionals to work together to meet the requirements of the Safeguarding Act 2018.

Views were sought from everyone, but in particular from relevant stakeholders, including Government Departments, the third sector, private sector organisations and voluntary agencies that provide services to children and vulnerable adults.

Within the Programme for Government 2016-2021 the Isle of Man Government has committed to a society that is inclusive and caring. Within the theme of ‘Healthy and Safe Island’ there is a further commitment to improve the quality of life for children, young people, vulnerable adults and families at risk.

You Said

The consultation had 14 responses:

  • 12 online responses and
  • a further 2 which were received by email

Of these total 14 responses:

  • 9 respondents consented to publishing their response and these are now published and available to review
  • 2 of the responses made specific comments on fostering and family placement services – the Cabinet Office has ensured these comments have been passed on anonymously to the relevant Department

Of the 12 online responses, 8 were submitted by individuals and 4 were submitted on behalf of organisations.

Responses to the consultation included:

  • the scope of the Regulations and data sharing
  • the appointment of independent Board members
  • third and private sector representation on the Board
  • a number of specific comments in respect of the practical operation of the Board and panels
  • DBS checks
  • the responsibilities of non-affiliated bodies
  • a number of queries regarding the provisions within the Safeguarding Together Guidance
  • the potential burden on volunteers
  • partnership working
  • risk management
  • implementation of learning outcomes
  • the practicalities of partnerships working

Full consideration has been given to the consultation responses received resulting in a number of amendments to the Regulations and Safeguarding Together Guidance.

We Did

The Regulations and Safeguarding Together Guidance have been submitted for consideration at the January 2019 sitting of Tynwald.

We Asked

The purpose of the consultation was to consult on proposed changes to the fees which are charged by the Isle of Man Ship Registry. The proposals in the consultation form the basis for new Merchant Shipping (Fees) Regulations 2019 which will revoke and replace the existing Merchant Shipping (Fees) Regulations 2017.

You Said

We received one response which stated that, in the view of the respondent, the proposed annual fee for the registration of pleasure yachts was too high and compared unfavourably to other jurisdictions. It was also suggested that we should base the fee upon a yacht’s tonnage rather than length.

We Did

The issue raised in respect of the annual fee for pleasure yacht was considered and the Department felt that the proposed fees were appropriate.

The fees Regulations are currently scheduled to be laid before Tynwald for approval at its March sitting.

We Asked

The Department for Enterprise (DfE) asked for your views on social enterprises

You Said

27 responses were received using the consultation hub. Of these responses, 40% were from individuals, 25% from third sector organisations, 15% from the private sector and 15% from social enterprises. 52% of respondents could identify social enterprise activity on the IOM and 48% could not.

We Did

The Department for Enterprise will consider your suggestions and they will help to develop our action plan for the future. We are now looking at options for developing a toolkit to provide additional support.

We Asked

The Communications Commission requested views from consumers on the provision of telecommunications services in the Isle of Man.

You Said

28 responses were received in response to the survey. 22 of the respondents gave permission for their response to be published.

We Did

Responses to the survey have been analysed and will be taken into account as part of the market review which is currently underway. A consultation on the market review findings, including Significant Market Power designations and appropriate remedies, will be released in 2019.

We Asked

The Cabinet Office asked for feedback on proposed changes to the Isle of Man’s GDPR and LED Implementing Regulations 2018 (GLIR) and Data Protection (Application of GDPR) Order 2018 between 10 October and 7 November 2018. The proposed amendments to the GLIR and the Data Protection (Application of GDPR) Order 2018 were published with the consultation.

You Said

The consultation attracted over 15 responses in total, from a number of categories of respondent, including businesses, industry associations, and individuals in addition to Government Departments. 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 revised Implementing Regulations as amended are due to be laid before Tynwald at its January sitting.

We Asked

The Cabinet Office asked for feedback on proposed changes to the Isle of Man’s Town and Country Planning Act (1999) between 3 September 2018 and 1 October 2018. These changes were included in a draft Town and Country Planning (Amendment) Bill 2018.

You Said

The consultation attracted 71 responses in total; the majority via the Consultation Hub and 6 by letter. These have been published where permission was received, sometimes anonymously. There were a number of types of respondents, including local authorities, conservation and heritage groups, government departments and individuals. 

We Did

A summary of the consultation and responses is published and is available for download.

These responses have been analysed carefully, and are being taken into account as the Bill is prepared for introduction into Tynwald.  The revised Bill is due to be introduced into the House of Keys in early 2019.

We Asked

The purpose of the Consultation was to ask for feedback on proposed changes to the legislation which prescribes requirements for the making and keeping of records. The main proposals were:

  • Seafarer’s Discharge Book to be replaced by a new document called a Record of Sea Service
  • Ships to stop sending Official Log Books, List of Crew and GMDSS Log Books back to the Isle of Man Ship Registry
  • Ships to keep Official Log Books, List of Crew and GMDSS Log Books on board for a period of 3 years from the date of closure

You Said

We received six responses, none of which raised any objection to our proposed course of action. A number of minor technical points were raised which were considered when implementing the Regulations.

We Did

An Order to amend the Merchant Shipping (Seamen's Documents) Regulations 1987 is expected to be laid before Tynwald for approval at its March sitting.  The Order removes the provisions on Seafarer’s Discharge Books from the Merchant Shipping (Seamen’s Documents) Regulations 1987 and if approved by Tynwald the Department will stop issuing Seafarer’s Discharge Books and start issuing Seafarer’s Record of Sea Service on the 1 April when the Order comes into force.

We Asked

We Asked

The Treasury asked for feedback on the draft Dormant Assets Bill 2018.

The main aims of the proposed legislation are:

  • to enable dormant assets held by banks in the Island to be transferred to a central fund called the Dormant Assets Fund and
  • to allow a proportion of the amounts transferred to then be distributed for charitable purposes in the Island

The legislation will not act to disadvantage anyone who later seeks to recover their dormant asset as their right to reclaim will be preserved indefinitely.

You Said

The consultation attracted 25 responses in total, 21 of which contained comments about the draft Bill.

Respondents included:

  • local banks
  • local businesses / organisations
  • politicians
  • Government bodies
  • individuals

All respondents indicated general support for the introduction of a dormancy regime in the Island. Some respondents sought further clarity over how the proposed legislation will be applied to bank accounts in the Island. Responses also sought more detail regarding the operational framework provided within the draft Bill and some amendments were proposed.

We Did

All comments received have been considered and reported upon within the consultation response document with additional detail supplied where requested. A number of amendments to the Bill have also been made. The Council of Ministers will now be asked to approve the revised Bill and agree introduction to the Parliamentary Branches as soon as possible.