We Asked, You Said, We Did

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

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

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 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.

We asked

A full and public consultation process was undertaken from 21st July to 1st September 2020. In addition to the online consultation process on the Government Consultation Hub, four drop in sessions were offered to stakeholders to meet officers who have been involved in developing the draft bill.

Sessions were held in Douglas, Ramsey, Peel and Port St Mary, throughout August 2020, to provide access to communities around the Island.  The sessions were attended by over 100 members of the public. A full page advert was placed in The Courier, and adverts and reminders were put out on all major social media channels. Posters and radio interviews were also used to promote the consultation and associated drop-in sessions.

You said

There were 120 responses to the consultation, 100 of which were submitted via the online consultation hub. In addition to views being welcomed from the general public the following stakeholder groups were directly invited to contribute to the consultation.

  • Tynwald Members;
  • Registered political parties;
  • Chief Officers of public bodies;
  • Local authorities; and
  • Businesses and third sector organisations with a direct interest in climate change.

We did

The Bill has been revised to take account of the consultation feedback as well as having its drafting improved to better implement the policy goals as set out above and in the consultation. The revised Bill was subsequently introduced into the Branches for its first reading on the House of Keys on Tuesday 3rd November 2020.

A summary of the responses is available to download below. 

We asked

For the views of pupils and parents with regards learning provision and access to learning provision provided by IOM schools during the period of school closures due to the Covid-19 Pandemic. We asked about volume of learning, quality of learning, enjoyment of learning, levels and quality of feedback to pupils, establishing a good learning routine at home, access to devices/connectivity, and views as to the future of a more blended approach to learning in general.

You said

587 responses were received over the course of the consultation.

  • In terms of how soon remote provision was offered by schools following closures on 23rd March, 69.5% of respondents said work/learning was available immediately or within 1 week of school closure.
  • In terms of how well the school shared plans for remote learning provision, 48.4% of respondents said plans were shared on a regular basis. 30% said there was some information shared by the school, but no coherent plan. A further 10% said no plans were shared by the school.
  • When asked whether they were able to maintain a good consistent routine for learning at home, almost half of all respondents said they were able, with just over a third saying this wasn’t possible for them.
  • 66% of respondents said they had both the appropriate access to devices and network access/bandwidth to access remote learning provided. Only 16% of respondents said they suffered from a lack of available devices at home.
  • When asked about the frequency with which new learning was provided by the school, 76% of respondents said new work was provided daily or weekly.
  • 48% of parents/carers were either very satisfied or extremely satisfied with the volume of remote learning provided by their school. 49% were either dissatisfied of extremely dissatisfied.
  • In terms of the quality of remote learning provided by the school, 44% of parents/carers were either satisfied of extremely satisfied, with 45% either dissatisfied or extremely dissatisfied

We did

The review not only supported schools in their own reflections, analysis, and self evaluation of the Covid 19 lockdown period, but also informed the subsequent DESC guidance documents which were produced in collaboration with all schools and teacher unions in October.

The consultation helped us understand what went well during the period between 23rd March and 22nd June, and what we could perhaps do better, should we be required to enter another period of adaptive functioning of schools. It helped us understand the challenges posed to schools, pupils and parents, whilst also giving us some vital data on those pupils whom for whatever reason could not access either the devices or requisite bandwidth to access remote learning provided by schools. The 10 review recommendations continue to be implemented by the Department and Schools as we look to move to more blended approaches to learning in the near and distant future, and be prepared with consistent protocols and platforms for remote /distance learning as part of our business continuity arrangements

We asked

The purpose of this consultation was to gain information relating to individual’s employment status, what benefits they may have been claiming and to seek views on what would help them to re-establish themselves in meaningful and worthwhile employment.

You said

The consultation received a total of 54 responses, the majority (67%) of whom were either unemployed or furloughed at that time. 7.5 % of the respondents were confident that they would soon be back at work and 24% of were either currently employed or self-employed.

52% of respondents had been unemployed for over 4 months. Of these 50% were claiming the Manx Earnings Allowance (MERA) and 35% Job Seekers Allowance.

60% responded that they had lost their job through Covid.

The survey indicated a strong will for people to expand on their existing skills or retrain for a new sector if government funding were available. 43% indicated that they were likely of extremely likely to take up offers of training and a further 37 were keen but would be dependent on on the topic and level of qualification on offer.

72% indicated confidence in engaging in online learning with a further 20% indicating they would prefer classroom based courses.

When asked what government employment services would most valued there was a strong appetite for Advice and Guidance, Assistance with Job Searches, CV Preparation, Interview Techniques and Advice, Disability Employment Advice and Funding for Training. Additionally 31% were interested in starting up their own business.

We did

We raised the profile of the JobCentre through social media, radio articles and increased client interaction, highlighting of the scope and availability of existing services including Advice and Guidance, Assistance with Job Searches, CV Preparation, Interview Techniques and Advice, Disability Employment Advice and Funding for Training and 121 IT Training provision. Additionally the JobCentre now contacts all new JSA signers within two weeks of sign-on to offer support and discuss action plans to expedite their return to work.

Through a combination of remote and face to face appointments the JobCentre team now positively engages with over 500 clients a month. Pre Covid, this figure was less than 200.

We increased the availability of online support and training and have issued 130 licences for free online Level 1 courses covering over 100 subjects. Additionally we have 20 individuals engaged in remote IT training in Microsoft applications certified up to Level 2 QCF.

We have increased the numbers of people engaged in Training Work placements and currently have 25 individuals actively engaged with employers.

We have put together a new scheme – The Manx restart Scheme – to incentivise employers to take on additional workforce. As of mid-December the scheme has attracted over 70 employers and 102 individuals. There are 120 places available on this scheme.

We asked

The purpose of the consultation was to gather views regarding the Department’s proposal to introduce a mandatory register of landlords and their properties. In addition to consulting on the draft Bill which will enable this, the Department also consulted on the secondary Minimum standards Regulations.

You said

194 responses were received to our survey. A large amount of landlords also submitted extensive views to the Department directly, all responses received during the consultation have been considered and are assisting the Department to further develop the legislation and operational policy before making its recommendations to the House of Keys.

We did

The Department has prepared a response report and facilitated public events, held in Braddan, Ramsey and Port St Mary, hosted by the Department of Infrastructure and including input from the Department of the Environment, Food and Agriculture and charity Housing Matters with a focus on the register and how it will operate at a practical level.

We asked

The purpose of the survey was to measure awareness of cyber security in the Isle of Man.

The cyber survey began on 7 July 2020 and ended on 26 July 2020.

You said

The survey received a total of 594 responses. The results have shown that more of you than ever are cyber security aware. Although, there are still steps we need to take towards keeping ourselves, our families and our community safe in a digitally-dependent era.

Of the 594 online responses, amongst other statistics:

  • 91% said they have received fraudulent emails
  • 27% have had their online accounts compromised at some point.
  • 50% think there should be more cyber security training in the community.
  • 80% were confident they have the right security measures in place (compared to 66% last year).
  • 84% said they've protected their devices with anti-virus software.

For full results, see the below infographic.

We did

The results of the Cyber Security Survey informs a 12 month communications campaign to raise awareness of the importance of good practice for everyday online activities. In a digital world it will only be through communication, conversations and cooperation that we all work together to ensure that our island remains aware, secure and resilient.

So far this year, OCSIA have:

  • Run a month long series of events for the virtual version of CYBERISLE with a number speakers from the Isle of Man Government and local businesses hosting webinars on a range of cyber related themes.
  • Created the ‘Suspicious Email Reporting Service’ that allows residents to forward emails they consider to be suspicious to SERS@OCSIA.im where they will be reviewed and form part of the intelligence used by the UK’s National Cyber Security Centre (NCSC) and the National Crime Agency to disrupt criminal activity.
  • Run a number of communications campaigns including 5 steps to cyber security for small businesses, Black Friday shopping online safely and safeguarding tech gifts this Christmas (in partnership with Safer Schools). Several cyber security webinars have also been presented to local businesses.

This communications campaign will continue throughout 2020/21.

We asked

A survey was conducted to gather consumer views on the ease of switching telecommunications services between suppliers. The purpose of the survey was to understand how well current processes were working.

You said

131 responses were received to our survey. A number of individuals shared their personal experience of switching with the Commission also, which has been very helpful for us.

We did

The results have been analysed and the written submissions are currently being assessed. A summary of the results and outcomes will be published on the Commission’s website shortly.

We asked

For views on the Authority’s revised proposals for the minimum capital requirement for PCCs and ICCs under the draft Insurance (Non Long-Term Business Valuation and Solvency) Regulations 2020.

You said

Respondents found our proposed approach acceptable.

We did

We finalised the Insurance (Non Long-Term Business Valuation and Solvency) Regulations 2020 ahead of the launch of the new capital and solvency regime in December 2020.

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 Annexes III to VI and to Protocol I.

This is intended to be done via amendments to the following existing regulations:

  • Merchant Shipping (MARPOL Protocol I – Reports on Incidents Involving Harmful Substances) Order 2015
  • Merchant Shipping (MARPOL Annex III – Prevention of Pollution by Harmful Substances) Order 2015
  • Merchant Shipping (MARPOL Annex IV – Prevention of Pollution by Sewage) Order 2014
  • Merchant Shipping (MARPOL Annex V – Prevention of Pollution by Garbage) Order 2014
  • Merchant Shipping (MARPOL VI – Prevention of Air Pollution) Order 2014

Since most of these amendments are already in force internationally, the effect on Manx Ships is likely to be minimal.

You said

We received three responses to this consultation, all of which were supportive of our proposed action.

We did

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