GOVERNOR’S REPORT ON THE MEETING OF EXECUTIVE COUNCIL ON THURSDAY 29 JULY 2004
Executive Council dealt with the usual mixed bag of issues at its July meeting.
First, an item of particular interest to the older members of our community. ExCo approved a paper on the rent policy to be applied to sheltered housing. The effect of this is that the full points-based rent should be charged to all new tenants of sheltered housing units. The rents for the new Villiers Street units will be fixed on this basis. The heating charge for these new units will be the same as that for the 1-bedroom units in Thatcher Drive.
In practice these changes will have only limited effect on individual tenants, because many sheltered housing tenants receive rent rebate, and will of course continue to do so. The paper is being published, and anybody who wishes to look at the detail is of course very welcome to do that.
Those of you who take a keen interest in tax issues will already be familiar with the term “extra-statutory concession”. This term is used to describe circumstances in which the taxation authorities do not insist on the full implementation of the letter of the law. ExCo agreed a new extra-statutory concession which will be of particular interest to small businesses. In future companies with a turnover of less than £350,000 pa will normally not be required to produce audited accounts. This will not apply, however, to companies which are part of a group or associated with another company. The text of the concession will be published in the Gazette.
While on the subject of auditors, I should report that ExCo approved the reappointment of Deloittes as external auditors to the Falkland Islands Government for a 3 year period. This followed a competitive tender and a rigorous assessment and interview process.
FIG’s annual budget includes provision for donations to a number of outside bodies. Because of the prevailing economic circumstances, the size of this budget was reduced this year. ExCo considered how that element of the budget which is allocated annually to charities connected with the Armed Services should be distributed. Members concluded that support should be focussed on SAMA 82. Funding to Services charities will be reduced by £8,000, with that money being transferred to SAMA. This would increase the contribution to SAMA to £15,000. This means that the same amount of money would be available to benefit people who have served in the Armed Forces, but with a greater Falklands focus.
ExCo considered a paper by the Road Engineer on repairs to the Port Howard jetty. Members agreed the recommendation in the report that a new causeway should be constructed, with plant and supervision being provided by PWD at an estimated cost of £25,300. For those of you interested in the details, the paper is being published.
Members approved the short-term lease to the Ministry of Defence of 5 hectares of land adjacent to Gemma’s Gulch quarry near Mare Harbour in which to place a borrow pit.
The Tabernacle is a familiar landmark to all who live in Stanley. ExCo agreed a recommendation from the Historic Buildings Committee and the Planning and Building Committees that it should be listed as a building of special architectural and historic interest.
A subject of wide interest to the community is that of working hours. ExCo considered whether any statutory limitation on working hours should be introduced. Following consideration of a paper by the Attorney General, Members concluded that there was no need for a statutory limitation on working hours and decided to stick with the status quo. The Attorney General’s paper is being published.
Next, some legal issues. ExCo’s decision to appeal against certain findings by the arbitrator in the Gordon Forbes case has already been the subject of a separate statement. Members considered a paper by the Attorney General about publication of the Revised Edition of Laws. While not being bedside reading for the majority of the population, this document is nevertheless a vital one for the efficient operation of government and democracy in the Falkland Islands. Its purpose is to provide an up-to-date and readily accessible statement of the current laws of the Falklands Islands. Invaluable work in bringing this document up-to date has been carried out over many years by Dr Alan Milner of Law Reports International Limited. There is still a fair amount to do, and once the updating has been completed there will be a requirement for the work to be continued as new legislation is brought into effect - rather like painting the Forth Bridge. Members noted that Dr Milner had decided to resign from his post as Commissioner for the Revised Edition of Laws with effect from 30 June 2005, but agreed that this was essential work and in principle that a new Commissioner should be appointed. Meanwhile legislation will be introduced into Legislative Council to help with the catch-up process, by freezing for the time being the application of new English laws to the Falkland Islands.
ExCo approved a Customs (Amendment) Bill for introduction in Legislative Council to amend some errors which crept into the Customs Ordinance 2003. ExCo also approved the Postal Packets (Customs) Regulations 2004, which deal with the application of customs legislation to postal packets, in particular by introducing a requirement for customs declarations in relation to inward and outward postal packets.
It had become apparent from a number of individual cases which have recently been considered by ExCo that there was a need to tidy up and rationalise the procedures for dealing with applications for Permanent Residence Permits and Falkland Islands Status. ExCo approved the recommendations in a paper prepared by the Principal Immigration Officer which addressed these issues. The text of the paper, as approved by ExCo, is being published. The new procedures should represent an improvement both for applicants and for those who handle the applications in the Immigration Department, by making the process more transparent and efficient.
The Education Department have been giving some thought to the criteria which should be used to determine eligibility for funding people from the private sector who undertake further education and training. ExCo considered a paper by the Director of Education proposing a set of criteria for this purpose. The paper, as approved by ExCo, will be published.
Finally, a couple of decisions concerning the structure of Government. Members agreed that the Falkland Islands Development Corporation and Falkland Land Holdings should in future have separate Boards and agreed the membership of the two Boards. It was also agreed that the Department of Agriculture should no longer report to ExCo through FIDB, and that a new Agricultural Advisory Committee should be established to oversee the work of the Department. In future, members of non-statutory committees will be permitted to appoint substitute members to attend a meeting of a committee on their behalf.
