We Asked, You Said, We Did

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

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.

We Asked

Isle of Man Post Office (IOMPO) sought the views of Isle of Man residents, businesses, organisations and IOMPO clients on how to best adapt letter and parcel deliveries and post offices in the community in a responsible way. This was in the context that the online digital revolution is changing the way people communicate and how and where they choose to buy their goods and pay for services.

These changes are impacting the postal industry globally as fewer letters are being sent, and fewer people are using post offices than ever before, while parcel deliveries and returns increase as more people shop online.

The change in core demand for these services locally, coupled with changing demand for IOMPO’s commercial services and increasing costs, meant IOMPO reported a loss for the first time in its history this year.

You Said

A total of 2,737 people responded, the large of majority of which were individuals, of which 67% were aged over 50 years. 2,091 people completed the consultation online and 646 by post.

  • 279 gave permission to publish their response in full
  • 1,773 gave permission to publish anonymously
  • 685 did not give their consent to publish

The consultation asked respondents for their views on a number of key elements with regards to  Letter and Parcel Delivery Services and Post Office Network Services.

We Did

While there is clear support for a 5-day week mail service, the response to the question about IOMPO’s financial responsibility was inconclusive. Therefore, we will be assessing this further with focus groups and the free-flow responses to see if there are any further ways identified in which IOMPO can be more financially responsible in the delivery of our services.

Further analysis work on the results for the Post Office Network Services will also be undertaken with  focus groups held with interested parties such as key stakeholders, including customers, staff, unions, sub postmasters, local commissioners and other parts of Government on the key issues and the future service options available. We are grateful to the 33% of respondents who expressed their interest in participating in a focus group to discuss specific topics in more detail.

The consultation results as well as the additional scrutiny, will allow the final direction and choices to utilise the unique attributes, capabilities and social value of the IOMPO to be fully considered by the Board and in stages, they will be taken to Tynwald where the final decisions on any key changes will be made. 

The published summary of consultation responses is available below.

Julie Edge MHK, Chairman of Isle of Man Post Office, wishes to thanks all those who took the time to submit their views to this consultation.

We Asked

The survey was prompted following the Isle of Man Government's decision to buy the Isle of Man Steam Packet Company (IOMPSCo) in May 2018, when Tynwald agreed that a new agreement would be signed between the Department of Infrastructure and IOMPSCo.

You Said

An unprecented number of people responded to the survey. A total of 4,962 responses were received, including 100 who took part in their capacity as business owners.

We Did

The information obtained from the responses will now be used to help formulate the new agreement.

We Asked

The Attorney General’s Chambers sought your views on proposed new legislation which aims to update and improve the effectiveness of the registration and regulation of Charities in the Island.

You Said

The consultation attracted 20 responses.  There were a number of categories of respondent, including Statutory Boards, individuals, businesses and a charity.  The responses were broadly supportive of the proposals in the Bill, with the creation of a Charities Tribunal, clarification of the meaning of “charitable purpose” and the improvements in regulatory effectiveness being particularly welcomed by a number of responders.   Other themes raised included:

 

  1. That the advancement of religion should no longer be a charitable purpose (five responses)
  2. Whether the “close connection” test (ie that a charity have a substantial and genuine connection with the Island in order to register here) should be retained (four responses)
  3. Whether foreign charities should be put to possible additional expense of having to file accounts relating to their activities on the Island, as opposed to their global activities (three responses)
  4. Concerns as to the adequacy of oversight of safeguarding issues (three responses), and
  5. Concerns as to the references in the draft Bill to the FSA (four responses).

We Did

We considered the responses and made appropriate amendments to the draft Bill. No amendment has been made in respect of (1), (2) and (3). This is because the purpose of providing a statutory definition of “charitable purpose” is so that the meaning in the Island remains at least as broad as in England and Wales, where the advancement of religion continues to be a charitable purpose. Further, an express purpose of the draft Bill is to ensure more effective regulation, which would be hindered if charities could legitimately operate in/from here without sufficient connection, or if they did not have to provide adequately detailed information as to their activities connected with the Island. However, changes have been made to increase (4) oversight as regards safeguarding matters. Automatic disclosure to the FSA (5) has been replaced with provisions enabling disclosure between public bodies and the Attorney General for the purposes of the discharge of their respective statutory functions. A number of other mostly consequential/technical amendments have also been made to the draft Bill.

We Asked

We asked what your views are on the proposed Port Erin Boundary Extension Order 2018 which seeks to adjust the boundaries between the districts of Rushen and Port Erin so as to move the entire residential estate at Ballakilley into Port Erin.

You Said

We received 64 responses through the Consultation Hub and 16 responses via other methods.

Those that granted permission for us to publish their responses are now available to view.

We Did

In addition to this consultation, we continue to gather opinion through an extended consultation period, this period closes on 14 December and a public inquiry is scheduled to take place during the week of 21 January 2019. More detailed information on the inquiry process can be found on our Local Authority NewsFurther updates will be provided on this page as and when they become available.

We Asked

We asked for the views of the public on the proposed Civil Aviation (Charges) Scheme 2019 which would revoke and replace the Civil Aviation (Charges) Scheme 2018.

You Said

There were no consultation responses.

We Did

The Scheme will be submitted to Tynwald for approval.

We Asked

The Department of Infrastructure invited comments on the proposed scheme aimed at making financial support available for people living with long-term health conditions to adapt their homes and continue living independently. The purpose of the consultation was to gauge public opinion before the proposed scheme was finalised and taken forward for approval by Tynwald.

You Said

We received 48 responses to our consultation which were generally in favour of the proposed scheme.

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

Following permission in October 2017 to bring forward a Private Members Bill, Mr Martyn Perkins MHK sought views from the public on draft legislation about introducing a ‘presumed consent’ system for organ donation between 29 March 2018 and 8 June 2018. The intention of the Bill is to increase the number of people willing to become an organ donor.

You Said

In total 292 responses were received: 96% of the responses were from Isle of Man residents and 98% were from private individuals.

•    82 people gave their permission to publish their response in full
•    157 people gave their permission to publish anonymously
•    53 people did not give consent to publish their response

When asked whether they are a registered organ donor, people responded:

•    Yes: 166 (57%)
•    No: 79 (27%)
•    Don’t know: 18 (6%)
•    No – but I have thought about registering: 15 (5%)
•    No – I don’t know how to register: 11 (4%)
•    Not answered: 3 (1%)

A number of respondents had had experience of part of the process of organ donation. 89% of respondents had discussed organ donation with family members or next of kin.

Mr Perkins is grateful to all those who took the time to submit their views to this consultation.

We Did

All of the responses and comments received are being correlated; further feedback will follow.

We Asked

The Attorney General’s Chambers sought your views on proposed new legislation which aims to improve and clarify the position in relation to certain evidence in criminal cases, particularly in relation to hearsay evidence.

You Said

We received one response from the judiciary on technical issues relating to the power to make Rules and the use of “live link” video recording.

We Did

We considered the response and the draft Bill was amended accordingly. The Bill was introduced into the Legislative Council on 26 June 2018.

We Asked

As part of the root and branch review of the Isle of Man’s election legislation, the Cabinet Office sought your views on how elections should be run in the Isle of Man in future between 5 April to 20 May 2018.

You Said

We received 109 responses in total, from a number of types of respondent, including organisations, local authorities, Tynwald members and individuals.

  • 33 gave permission to publish their response in full
  • 63 gave permission to publish anonymously
  • 13 did not give consent to publish on the Consultation Hub

Clear themes emerging from the consultation responses include:

  • Accessibility
  • Modernization and digitization
  • Consistency between national and local elections
  • Need for guidance and good practice information

The Cabinet Office is grateful to all those who took the time to submit their views to this consultation.

We Did

The responses to this consultation will be used to inform the policy options required to underpin drafting instructions for the new legislation.

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

For feedback on proposals to make new Regulations to give effect to the latest version of SOLAS Chapter V: Safety of Navigation. The areas where the Ship Registry has some discretion to determine how the Convention is applied is with regard to smaller ships (below 150gt) and we specifically asked for feedback from operators of smaller ships on these areas.

You Said

We received one response on behalf of the Charter Skippers Association which was generally positive, however there was a concern regarding purchasing an IAMSAR manual.

We Did

We changed the requirement for purchasing an IAMSAR manual and agreed that an acceptable equivalent would be the Reeds Nautical Almanc. The Reeds Nautical Almanc is reasonably priced and suitable for craft operating in the Irish Sea. We will also accept other publications on request on a case-by-case basis.

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

After the recent consultation and feedback on the Island’s move towards full GDPR compliance, it’s important that you are kept up to date with all the latest developments and the likely legislative timetable.

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

For people’s opinions on the collection of road tax and how the system may be modernised as the collection of road tax has become increasingly complicated, with the current system containing more than 80 different payment categories.

You Said

More than 600 responses were received. Comments from a number of individuals suggested duty should be placed on fuel, even though the consultation document included an explanation as to why this is not possible.  Many other suggestions were made including use a flat rate, all users should pay, incentivise use of public transport and many others.

We Did

A commitment was expressed within the consultation document to introduce road tax payments by instalments and to assess new licensing technology. The Department will now consider the responses and develop options for Departmental consideration by the end of the summer.

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 anti­-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. The review of responses is available on this webpage.

We Did

We have now published our review of the responses received. We will consider our proposals and consult further before introducing a Bill to the Legislative Branches.

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 reccomended to Ofcom that additional spectrum be awarded to Manx Telecom, Sure and BlueWave. Further Information on the decisions are available in the responses to consultation

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

We asked you to comment on proposed changes to the minimum work requirements for employed person’s allowance and on a proposed reduction in the upper age limit of the youngest or only child of a lone parent for the purpose of eligibility for income support.

You Said

We received a total of 205 responses – some were in favour of the proposals, some were against. The Treasury would like to thank all the respondents, especially those who also provided comments and suggestions.

We Did

The Treasury is now considering the responses and comments provided and will shortly determine the outcome.  Further feedback will follow over the course of this process.

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.