LEGISLATIVE COUNCIL:
Commentary by J. Brock (FINN)
A meeting of Legislative Council took place at 1030hrs on
The meeting began with the Rev. Paul Sweeting leading prayers. Confirmation of the record of the meeting of Legislative Council held on
PAPERS:
CA: Copies of subsidiary legislation placed in the Falkland Islands Gazette since the last sitting of Legislative Council and laid on the table pursuant to Section 34.1 of the Interpretation and General Clauses Ordinance 1977.
1. Car-parks Regulations Order 2003
2. Ross Road Temporary Clear-way Amendment Regulations Order 2003
3. Defence Contractors and Employees Tax Exemption Order 2003
4. Taxes: Benefits in Kind Rules 2003
5. Payment on Account of Tax Amendment Regulations 2003
6. Payment on Account of Tax Amendment Regulations 2004
7. Taxes: Benefits in Kind Amendment Rules 2004
8. Dis-application of Enactment’s No. 1 Order 2000, Amendment Order 2004
9. Road Traffic Provisional Regulations Order Amendment Order 2004
DH: Mr Speaker, I beg to lay on the table the papers named by the Clerk.
CA: Motion to Approve the Taxes Benefits in Kind Amendment Rules 2004.
“That the Taxes Benefits in Kind Amendment Rules 2004 be approved in the form this day tabled in this Council.
DH: Mr. Speaker, these Amending Rules are made up of section 8.1.c of the Taxes Ordinance 1997, which brings into the charge to tax non-tax benefits enjoyed by employees and members of their families by reason of the employees employment, where those benefits are prescribed by the rules. The Taxes Benefit in Kind Rules 2003 came into force on the
The rules alter the annual values prescribed by the 2003 rules in respect off accommodation, board, heating and electricity provided for the benefit of employees and their families by reason of their employment. The rules give effect to the recommendations of the meeting of Legislative Council of
The rules change the reference to “lighting” in the 2003 rules to “electricity,” which is more accurate in describing the benefit being brought within the charge. And, to clarify that the provision of board is included as a prescribed benefit.
The amounts chargeable in respect of accommodation, board and heating and electricity are changed from an annual amount to a daily amount, with a maximum for any one year subject to an increase in respect of family members.
The rules also ensure that the provision of heating and electricity benefits will be a prescribed charge, irrespective of whether accommodation is also being provided.
The new annual values are shown in Table “B.” Special provision for Domestic Servants has been removed so that the charges apply to employees without distinction, with the exception of those employed in Agriculture or Horticulture are exempt from any charge under these headings.
I beg to move the confirmation of the Taxes Benefits in Kind Amendment Rules 2004.
MS: Mr. Speaker, I am happy to second that Motion.
TB: Does any Honourable Member wish to speak to the Motion? Does any Honourable Member object to the Motion?
The Motion was carried.
CA: Orders of the Day, Bills:
1. The Conservation of Wildlife and Nature Amendment Bill 2004. This Bill has been published in the Gazette and therefore does not require a first reading.
DH: Mr. Speaker, this Bill seeks to provide full protection to Albatross and Petrel breeding sites and to amend ambiguity in the existing law with respect to Black-Browed Albatross and Petrel eggs, such that the licensed collection of eggs for Human Consumption is no longer permitted. With this legislative change, the
I beg to move the second reading of the Bill.
Cllr. the Hon Mr. Mike Summers seconded the motion. No Member objected to the Motion and the Bill was read for a second time. There were no amendments to the Bill as published, so the Short Track procedure was used and the Bill was read for a third time and passed.
CA: The Immigration Amendment Bill 2004. This Bill has also been published in the Gazette and does not require a first reading.
DH: Mr. Speaker, this Bill seeks to clarify the law as to when work permits are required under Section 17 of the Immigration Ordinance. In particular, it will require employees supplied by an employment agency to another business, to hold work permits specific to such employment. In cases where a person provides services of any kind without remuneration to any charity or other similar body approved by the Governor, a work permit is not required unless those services are supplied through an employment agency. The Bill also seeks to clarify that there is no need for a further work permit where an employee is required by his employer to accept, with out further remuneration, appointment as a Director of a Company, where the employer has the right to make that appointment.
I beg to move the second reading of the Bill.
Cllr. the Hon. Mr. John Birmingham seconded the Bill. After the Bill was read a second time, the Speaker asked if there were any amendments to the Bill. No Member had an amendment, or indeed, spoke to the Bill and it went to the Fast Track procedure. After the Bill was read a third time, it passed.
MOTION FOR ADJOURNMENT SPEECHES:
DH: Mr. Speaker, I move that this House stands adjourned Sine Die.
Cllr. The Hon. Mr. John Birmingham:
Mr. Speaker, Honourable Members, in rising to speak to the Motion for Adjournment, I would like to welcome from St. Helena, to this House, Cllr. Stedson Francis. I hope that his visit has been worthwhile and I wish him well on his journey home.
There are local issues being discussed at the moment as well as issues that have some international depth to them. At the moment, a local issue is the problems that have been well-aired within the Medical Department. I would just like to say there are issues there, there are some problems there but that the Medical Department within the
I would also like to say, speaking on behalf of the Council, if I may, that it’s been decided that the Post of Manager at the Hospital will remain, certainly for the foreseeable future. I just do not see a time when we would go back to a Doctor looking after the Administration as well. There’s just too much to do now. That issue really should be put to bed.
We go from one to another. I’d like to make a plea on behalf of pedestrians. Everybody who drives along
The Commonwealth visitors last week seemed to all go away happy and cheerful. And, the week itself, from my point of view, was very interesting and informative. And, I would like also to thank the people involved in the organising of that week. I think it went well. It went very much up without a slip-up (alcohol licenses to one side). I think the week will be seen as a success. Thank you to all of those who were involved in that.
Now, I will say a word on the voluntary sector within the
Thinking of the voluntary organisations, the May Ball is coming up shortly. Actually, it’s coming up in May. But the people who do organise the May Ball – I’d like to ask if they could re-consider their strict rule on only allowing youngsters who are 15 on that day to go in. The School year has changed and I wonder if they’d like to consider so that you would allow the year group of 15 year olds to go on to the May Ball. You do get a lot of youngsters who fall by the wayside by a matter of a few days. And, they are very strict about it.
Unlike some of the colleagues here this morning, I am not going to go on and on. So, I’ll finish – I would just like to remind – it seems I have gone on so long that the Vicar is moving, or leaving – but to finish, I would like to remind, perhaps the Argentine Foreign Minister that his remarks that the Islanders are of no consequence – I would like to remind him, if he is listening – I doubt it but he shall probably read these words – that I feel that I count. I feel that every individual in these Islands counts. And, that perhaps he should bear in mind that we do have the support of the vast majority of Members of Parliament and THEY count. I should like to ask him if he’s like to think more before he starts dismissing the Falkland Islanders.
Mr. Speaker, I support the Motion.
Cllr. the Hon. Mr. Ian Hansen:
Mr Speaker, Honourable Members, I think it’s very likely that the few issues I’d like to address them as brief. The closing speech for Adjournment may well be along the lines of my fellow Councillors. I think they are at least important enough to dwell over.
The situation regarding charter flights obviously has a high profile at this time. My view regarding the whole issue of flights and the general uncertainties surrounding our future is that the possible impact is not just the forthcoming tourist season but lour resources as a whole. My views are fairly straight-forward. I believe we must try to negotiate the guarantee and permanent resumption of charter flights and a second LanChile flight but not at the cost of conceding more than we gain. I would prefer to see things stay as they are now rather than enter a quick-fix deal which may look good initially but in reality leaves us with no hope of negotiating anything for the future. I think it’s a fair comment that this Council regards the current Argentine Government as unresponsive and unrealistic in their attitude towards the Falklands. So, we are almost certainly in for a period of sustained pressure from them. That pressure I feel we cannot cave in to.
Secondly, sir, the issue of interdepartmental unrest and the Chief Executive’s open letter to the Civil Service. I actually don’t intend to comment at any great length on the well-documented problems. I believe there those here far better informed than I to do that, other than to say that it is an unsatisfactory situation. Everything possible should be done to solve it. Yet, is it as bad as it is portrayed?
It was refreshing to speak to staff at the Agriculture Department the other day and find them bemused and seemingly unaware of this huge problem which is facing Government Departments. For example, I had the opportunity to visit Berntside (Farm) last week for some AI trials conducted by the Department and FLH. And, the Senior Agricultural Advisor was there and he happened to comment to me that the trials couldn’t have been achieved without the help of the Goose Green Manager and his workforce. Sometimes this was beyond the call of duty. This fact that the administration, ground staff, and those that the Department sent out for support, I. E. the farmers, are all co-operating, seems indicative to me of a well-run Government Department. There is no need to go into anonymous letter writing and sniping and just actually get on with the job they are paid to do. Now, I use this Department purely as an example. I mean, the point is if any one, or two, or more Government Departments can set this type of example, then we should be learning from them and putting this in practice across the board.
To end on a more positive and upbeat note, sir, I would also like to mention the CPA Regional Conference. From a personal point of view, I feel I was honoured to be there in attendance. I felt I learned an awful lot and made new friends, all of whom are very supportive of the Falklands. One or two people said to me – what a waste of money! But I would say to that, that the public relations and the high profile achieved for our Islands over that week was immeasurable and priceless.
Finally, I would also like to welcome Stedson Francis and it’s been a pleasure to know him and speak with him.
Sir, I beg to support the Motion.
Cllr. the Hon. Mr. Stephen Luxton:
Mr. Speaker, Honourable Members, I’ll start by answering the Honourable John Birmingham’s query about pavements on Davis Street. It is my understanding that there will be an element of pavement construction on that section of Davis Street in due course. I don’t know the full details but I understand it is the case.
I would also like to echo the comments that have been made both during and since the CPA Conference about the excellent organisation. Claudy, Cherie and Richard (Cockwell), with help from others, put a massive amount of work into it over the last year and particularly the last couple of months. The result, with a little help from the weather, is that we have some 40 odd influential parliamentarians that are set off across the world, spreading the word about how the Falklands are more British than Britain itself, the weather is warm and welcoming, the people even more so. I think it’s hard to put a value on that. We have no doubt made a few friends in high places. Some sceptics may wonder what the point of it all is but there is no doubt in my mind that we will never find ourselves back in the pre-war situation when few had heard of the Islands and fewer cared. This looks sort of a logistical nightmare and it doesn’t pass uneventfully with an awful lot of planning. And, I think the Legislature Ladies have been rather like the proverbial Swan lately – all serenity and peace on the surface with a tremendous amount of activity rushing around underneath to make everything go forward successfully. I’d like to congratulate them on a very successful event.
The second bit of praise I want to make is to the Road Gangs, particularly, on this occasion, Mike McKay’s blokes. I don’t think anybody thought possible the amount of work that’s been done so far this season. Not only has Walker Creek been finished by Christmas as required, so has Newhaven and I understand a short bit of bypass at Goose Green is well underway. It’s not often we find capital projects coming in well ahead of schedule and well under-budget. So, I think it deserves hearty praise. Further afield, the other teams are also working well. It’s the sort of thing that for many people in the Islands is out of sight – out of mind. But it does seem to be one area of construction where local management and talent shines through.
Inevitably, the third item I am going to speak about is the Argies. We spent a huge amount of time talking about the current situation recently, both among ourselves, with the FCO, and, indeed, some of us with many private citizens here. It’s one of those areas where there’s a delicate balance between keeping friends informed and showing your hand to the enemy. I hope people here will understand this and trust us to get on with it in the safe knowledge that we will only move from the current status quo if, in our judgement, it’s in a positive direction for the Falkland Islands. And, then, only after talking to the people here. At the moment, I can quite categorically state that there is no kind of agreement on any issues. I personally doubt that there will be any kind of progress for the duration of the current Argentine regime. They seem very nearly as unreasonable as the bunch that kicked me out of my own country 22 years ago. As ever, for the avoidance of any doubt out there, any kind of discussion on sovereignty is absolutely, totally, unconditionally out of the question.
Mr. Speaker, I support the Motion.
Cllr. the Hon. Mrs. Jan Cheek:
Mr. Speaker, Honourable Members, first, I will associate myself with the remarks of the Honourable John Birmingham. And, I would like to reassure the public that they will continue to receive a highly professional service that they have come to expect from the Medical Department. There has been a problem involving several individuals. There are working groups currently working to solve those problems. In the meantime, I think we can all rely on the professionalism of the individuals involved to get on with the job.
I, too, would like to recognise the hard work of all who made the recent CPA Regional Conference such a success, in particular, our Clerk, Claudette Anderson, her multi-skilled assistant, Cherie Clifford, and, of course, the Honourable Richard Cockwell, who chaired it with such good humour.
For me, and I think for many people at that, one of the highlights of the opening ceremony was the singing of the school choir, which showed us how music teaching in the Falklands has developed in recent years, thanks to the enormous hard work and virtually sole effort of the Music Teacher, Shirley Adams-Leach. A special thank-you to her.
For me, the best part of the Conference proper, apart from the rather formal discussions, were the opportunity to compare notes with experienced parliamentarians from territories with similar issues to deal with. We can learn much from these people and perhaps not have to re-invent the wheel so often on issues, which seem to be common to many small countries, whether they have a population like ours or a population of 60,000 or 400,000. Very many of the problems are similar. We can learn from how others have solved those problems.
Turning to my other main portfolio, Education, I want to congratulate the student who recently achieved an excellent set of GCSE results. Congratulations to their teachers, the parents, who’s positive and active support undoubtedly contributes to the student’s success. It is proof, for anyone who needed it, that the parting shot of a disgruntled staff member should not be given much credence. Throughout the Education Department, we have highly professional, competent staff, working hard to maintain and continue reasonably funded Education within the Islands. The lesson is, of course, don’t believe everything you read in Penguin News.
That success I mentioned brings extra costs, in that more and more of our students may qualify for further and higher education. We have an anomaly here in the talk of efficiency savings, that the more efficient the Education Department is, the more costs it incurs. This demonstrates the impossibility of enforcing percentage cost cuts across the board when it’s completely illogical to do so. Because to do so, would prevent some of those people who have earned the necessary qualifications from going on to further studies which, in turn are an investment for the future of the Islands.
Moving finally to the other very big issue: that of the current threat to the Islands by Argentina. It’s a pity that while we had in the letter from the relatives of the Argentine war dead, who do appear to want to see their loved ones commemorated in a humane and dignified way, that their Government is attempting to make political capital out of that Memorial. It’s difficult to understand how, in the 21st Century, a developed country can be lead by people who appear to consider it acceptable to threaten a small neighbour. Only far-sighted and speedy action can remedy recent wrongs and put on track the potential development of a modern, good neighbourly relationship. Surely, such a relationship should be our goal and would be a clear demonstration of honest intent by Argentina. We are working hard with the British Government to break the current standing. And, I can reassure the public that our wishes are being fully respected by the British Government.
I support the Motion.
Cllr. the Hon. Mr. Richard Cockwell:
Mr. Speaker, Honourable Members, I, too, would like to recognise the Honourable Stedson Francis from St. Helena. It’s a pleasure to welcome you here and I hope that it’s been a valuable visit.
Whilst standing to support the Motion for Adjournment for Adjournment, I feel that I should also mention the Argentine situation. However, previous speakers have stated things that I would only reiterate. I would like to point out that we should expect Argentina to recognise our right to determine our own future and, our wish to live in peace in the Falkland Islands without hostility from our neighbours. That is the bottom line and that is where we have to go to. Hopefully, the Argentine Government sooner or later will have to recognise that issue.
Naturally, I have to mention the CPA Conference. It was a huge honour and a pleasure for the Falkland Islands to host the 35th Regional Conference. I believe it was successful but I was rather close to it so, actually, I am viewing it through Rose-tinted glasses. But everybody was so polite that possibly my glasses were correct. But I really have to give thanks to Claudette and Cherie, who, without their massive hard work it wouldn’t have happened. The suggestion of a swan – I think it was even more energy than that – I am sure that it was. But the amount of work that went on that was unseen was absolutely extraordinary. Whenever you went to see them, there was always some little thing being done, which culminated in a very successful conference and I really cannot be too vociferous in my praise. My contribution was just to go along with them – behind the two swans.
I would like to make a list of all the people we should thank, however, there are just too many of them. But I think I really must mention the choir and Shirley Adams-Leach. For those who weren’t at the occasion, I can assure them that there was many a tear being wiped away while they were singing. It was quite an emotional event for many people. And, there was one organisation who, during the programme, I omitted to thank and that was the FIDF. I would like to thank Major Biggs and his staff for organising for us to be able to use their hall and in particular, the Members of FIDF who actually helped during the final evening. They worked very hard and they were wonderful ambassadors for the Falkland Islands. Our guests were very appreciative of what they did. Also, I would like to thank the individual hosts, who, one evening, took away our guests and fed them the local fare and introduced them to people around the Islands. They certainly got the opportunity to see people who weren’t parliamentarians. And, I think every guest that I spoke to said that it was a very successful event, being able to visit people in their homes. They really appreciated it and they said that it would really be taken on as something, which happens at other events. And, to everybody who met our guests during th
