Falklands : Legislative Council: Friday, 16 December 2005
Submitted by Falkland Islands News Network (Juanita Brock) 17.12.2005 (Article Archived on 31.12.2005)
A Complete Report.
LEGISLATIVE COUNCIL: FRIDAY, 16 DECEMBER 2005
Commentary by J. Brock (FINN)
A meeting of Legislative Council took place in the Court and Council Chamber of the Town Hall at 1030hrs on Friday, 16 December 2005. Present were the Speaker, Mr. Lewis Clifton, the Attorney General, Mr. David Lang, the Financial Secretary, Mr. Derek Howatt, the Chief Executive Mr. Chris Simpkins and Councillors Clausen (AC), Davis (RD), Hansen (IH), Rendell (MR), Robertson (JR) and Stevens (RS). Councillors Summers and Cockwell are overseas.
PRAYERS
Prayers were given by the Rev. Paul Sweeting of Christ Church Cathedral.
Before proceeding with the formal part of the meeting the Speaker, Mr. Lewis Clifton brought everyone’s attention to the Standing Rules and Procedures and in particular Rule 14. He referenced it against rule 62 of the Practice of the House of Commons in Westminster. He was not aware of FIG currently had a policy regarding mobile phones and phone use. But in terms of this Council, he wished to ban mobile phone use throughout Council. Mr. Clifton asked support in this matter and asked that a future meeting addressed the use of mobile phones in full.
Mr. Clifton’s request was followed by the confirmation of the record of the meeting of Legislative Council held on 22 November 2005.
PAPERS
After Mr. Clifton signed the minutes as a true record, papers were laid on the table by the Hon. Mr. Chris Simpkins.
Copies of Subsidiary Legislation published in the Falkland Islands Gazette since the last sitting of the Legislative Council and laid on the table pursuant to Section 34(1) of the Interpretation and General Clauses Ordinance 1977:
Capital Equalisation Fund No. 4 Order 2005
Fishing Licences Application and Fees Order 2005
Civil Contingencies Emergency Powers Bill 2005
LEGISLATION
Motion by the Chief Executive Mr. Chris Simpkins:
Mr. Speaker, Honourable Members, I seek the leave of the House to defer consideration of this Bill until the next ordinary meeting of the House in February.
Leave was granted.
Legislation about the new Mobile Phone System was then considered. It was apparent that Councillors did not like the fact that the mobile phone service was up and running prior to them seeing the legislation.
Telecommunications Amendment Bill 2005
The Bill was presented under a Certificate of Urgency because it had not been published in the Gazette.
Explanation by the Chief Executive Mr. Chris Simpkins (CS):
Mr. Speaker, Honourable Members, the principle purpose of this Bill is to replace Schedule 1 to the Telecommunications Ordinance. The affect is to introduce a new schedule to provide the tariff of maximum charges, which may be made by Cable & Wireless Plc for Telecommunications Services in the Falkland islands, including the new Mobile Service, which appears to be so popular, although I personally express the hope and I resist the temptation to participate.
Cable & Wireless are, of course, able to levy lower charges than the maximum permitted, should they wish to do so. In moving the Bill, I am happy to report that a reduction in charges for dial-up internet services has been agreed with Cable & Wireless. The opportunity has also been taken to make a small number of minor amendments to the Telecommunications Ordinance.
Two typographical omissions in the Chief Executive’s copy of the Bill were in his copy only.
The Bill was read the first time and no one objected. After the Chief Executive begged the second reading of the Bill, Councillors debated it.
RD: I would like to make a comment on the internet charges. I am pleased that some compromise has been reached on reducing the charges but I am disappointed that Cable & Wireless have continued with a maximum daytime Tariff of .06p per minute, whereas the advisor, Dr. Doyle, recommended .04p per minute. I note that Cable & Wireless have no objection in principle to the rates revised but they believe the lower rate will lead to congestion. And, I suspect that the users would rather risk congestion and pay a lower rate. I hope that Cable & Wireless, who are planning to run a promotion to see whether there will be congestion (and I hope they will run a promotion at the lower rate) as soon as possible.
RS: Mr. Speaker, Honourable Members, I would like to talk about a couple of issues. The first is the SMS charge of .25p per message. It just seems, if you look at basic maths, that if you can speak for a minute for £1.00 or .90p that you would be able to send at least 10 text messages in the same time. So I just wonder in commenting that this cost seems to be quite high for an international SMS.
I would also like to comment generally on the feeling of many of the Camp constituents that they were going to have a lesser standard rate to reflect the poor quality of the Camp phones. The talk of congestion is meant to affect the Camp network probably more than the others. My feeling is that the emphasis should be on Cable & Wireless if this is the case, to try and sort out these problems as quickly as possible.
JR: Mr. Speaker, Honourable Members, I have one little comment on this Bill. The tariffs for mobile phones have been used since Monday. Yet, this Bill was only presented to Members on Tuesday and the final draft (final version) was only available yesterday. Perhaps consideration should be given in future to avoiding this kind of lateness.
MR: Mr. President, Honourable Members, I think everyone’s brought up the fact that it’s coming late, that the rates are too high for Camp in particular and I hope that Cable & Wireless will take this into consideration when they look at the rates they are actually going to charge in the long term. They do have this leeway to charge less than these maximum rates as shown and I hope that they will take this into account in relation to the service that they are providing.
AC: Mr. Speaker, Honourable members, my point really is just a point of observation that I think needs to be made. I was very pleased to note that the land to mobile and mobile to land maximum rates were included at the 11th hour. From personal experience I know that Companies can and do penalise users who use mobile to land sets so I am glad to see that that has been included.
After the Bill was read a second time the Bill went to committee and all parts of the legislation stood part of the Bill. The Bill was read a third time and passed.
MOTION FOR ADJOURNMENT SPEECHES
Cllr the Hon. Mrs. Janet Robertson:
Mr. Speaker, Honourable Members, this is the last Legislative Council of the year and I thought it was appropriate to say a few words about some of the issues that concern me. The last few weeks have given me a chance – an opportunity – to be concerned and interested in a whole range of issues but I will try and keep it to a minimum.
Firstly with regard to Education, today is the last day of term and school holidays are beginning. I would just like to reach out to those 15 year olds who, I am sure will not be listening but maybe their parents might. They are up and coming GCSE students and they have recently completed their mocks and I sincerely hope that they got the results that they were expecting. But if their results have not been good I would urge them to think about the five months they have before their GCSEs have to be sat and the holiday in front of them to have a chance to think about what might have gone wrong and how they can improve their results. It’s very important that they think about this. It is not just their future but they are the young people of the Islands and therefore they are our future as well. The importance of achievement and success and self confidence that goes with it cannot be overrated. In terms of achievement, I would just like to say to you all to undertake to work as hard as you can and think about how you can improve. If you are an “A” student, can you be an “A*” student and if you are a “B” student, can you be an “A” student. We are very proud of you and we know you can all exceed the expectations if you put the work in. And, remember that we are all behind you – parents, teachers, the whole community – and we support you. Use your holidays to re-charge your batteries as we will all do, indeed.
Secondly, I move on to an issue about media. There has been a lot of discussion about open Government recently and what makes open Government. I think a number of people agree with me that democracy does require a forceful and penetrating media. And, I know that members of our media are extremely busy and have a lot to do. I was wondering if maybe they might think Media Trust might give any consideration to what it would take to haw a political editor could be funded. This is probably not in our best interest as Councillors. We will shoulder the brunt of it, no doubt. But I think it is an important tool of an open democracy. And, I know with current work-loads it is difficult. But I would like you all to give consideration to that.
Lastly I would like to comment about Legislative and Executive Council. Forgive me if I am speaking inappropriately but I was just wondering how Legislative Council Members are to properly scrutinise Executive Council Decisions if Executive Council only finishes at 1700hrs on the day previous to Legislative Council. And, in the previous case, Legco was actually held before Executive Council. If you cannot scrutinise the following day or very soon after, there is a period of three months by which time issues could be dead in the water. I am not exactly sure of the answer to this and maybe it is something that Select Committee on the Review of the Constitution will have to look at.
I wish everyone - all who are listening - Merry Christmas and a Happy New Year. We will come back fully recharged to continue the battle in the New Year.
I support the Motion.
Cllr. the Hon Dr. Richard Davies:
Mr. Speaker, Honourable Members, it’s only been one month since the elections but I think you will agree we have made some progress in addressing our election hopes. Those of you who were at the public meeting on Tuesday will be aware of some of the reforms that we are making and intend to make with GPC, in particular, moving some of the debate that took place out into the open – out into the Committee System – out into Public meetings and hopefully into this forum of Legislative Council.
I would point out to the press and public that most of the EXCO papers debated yesterday will be published. Some of them are of considerable public interest and I would urge you to look at them and discuss them.
On the subject of the Press, I would fully support Cllr. Robertson’s comments and I think it would be great if we had more resources in the media who would be able to look at some of the important issues coming on in our country.
I think the new portfolio system is a big step forward and I am delighted with my grouping of portfolios – Land Use, Heritage, Housing and Environment. I think there are a lot of dynamic and enthusiast people working in this area and I think I have high hopes that over the next four years we will see some real improvements to our environment and our environment in a wider sense – the environment in which we live here and in our quality of life.
Looking at Housing in particular, I am aware of the acute need for more housing and more affordable housing. Currently it’s not only a human problem but I believe lack of housing is holding back our economic and cultural development.
I am aware that there is a need for a clear decision about FIG’s role over the next four to five years in provision of housing and, in particular, the provision of subsidised serviced plots, which has taken place over the last years. Are we going to continue with that or not, in light of our current financial difficulties? And, if we don’t, it is very important that we take steps to stimulate and to facilitate private development.
At the same time it is important to have a Government that develops a fair and consistent policy for the allocation of the Government housing available to those who cannot afford to either rent or buy their own houses.
Moving on to heritage, one could be forgiven for feeling rather gloomy about the estate of our man-made heritage You only have to look around Stanley Harbour at the state of the historic wrecks – the Jhellum and the Lady Elizabeth are slowly falling apart. However, I do believe if we focus our energies and resources carefully, we can make progress. You only have to look outside the window here to see the Government Jetty and I think it has fallen apart rather than falling apart. It’s sad – it’s a historic structure that’s built on the wreck of the Margaret. And, it’s also provided considerable amenity value over the years, not least to charter yachts and I would point out that charter yachts, such as the Tara and the Pelagic Australis, who are in the harbour at the minute, bring in considerable revenue to the Islands. They spend thousands of pounds on fuel, food, they also bring passenger changes, they have wealthy clients, who bring in revenue themselves. And, currently, we offer them absolutely no facilities at all. Apart from being pushed from pillar to post in the various jetties and probably ending up in a dirty berth at FIPASS, I think we can do better than this.
We have no option but to demolish the Government Jetty, which has become a real danger for shipping and the public. And, it’s intended that this will take place at the end of the season. But I do have high hopes that this disruption will be the start of the re-development of the whole dockyard site as a heritage centre, thus providing a major tourist attraction for the Islands with the associated revenue, with proper visitor services and opportunity to display some of the relics of our very important maritime heritage. The bow of the Charles Cooper would be a good example of this. It would provide educational facilities, opportunities to display traditional skills and to sell traditional produce and, in short, to substantially enhance our capital city.
Finally, a brief word from a Stanley Councillor about the problems in Camp, I think I have the general support of our Stanley Councillor Colleagues, we are very much aware of the crisis in Camp. We are aware of the on-going depopulation. We are aware of the financial difficulties that you face and we do intend urgently – all eight Councillors – to examine and address these issues.
Mr. Speaker, I support the Motion.
Cllr. the Hon. Mr. Ian Hansen:
Mr. Speaker, Honourable members, since the last meeting of this House we Councillors have, indeed, finalised our portfolio responsibilities. And, I think it’s fair to say that generally we are content with our allocations, and, I think we feel that we can be positive and deliver on them. And, indeed, accept the accountability now that goes with them. My own portfolio responsibilities will undoubtedly be, at times, difficult and sometimes controversial. But I don’t particularly mind that as long as difficult and potentially controversial decisions result in a positive outcome for tourism, a positive outcome for transport and a positive outcome for agriculture and FLH, not forgetting, of course, that the future of FIGAS plays a huge part in all of these.
Cllr Robertson has briefly mentioned Education. I, too, would like to take a step back as it was one of the portfolios I was partly responsible for in the last Council. And, I would just like to mention – or give a very brief mention to Camp Education in particular. The Camp Education system, I believe, works well, and the travelling teachers produce exemplary results in reducing the affect of isolation in education and children in Camp. And, I have nothing but admiration and great respect and support for these people, who give our children a beginning in life that perhaps other children in isolated parts of the world wouldn’t even begin to receive. I would just like to encourage those Councillors who now hold that portfolio to take all this into account and not change in any way what is, in my view, a system that works well.
I would like to mention the public meeting on Tuesday and to congratulate Cllr. Clausen and Cllr. Robertson on their efforts, which actually resulted in much positive feedback from the Public. I think it is very refreshing.
And finally, Sir, I would like to take this opportunity to wish all in the Falklands a Merry Christmas and a bright future for the New Year.
Mr. Speaker, I beg to support the Motion.
Cllr. the Hon. Mr. Richard Stevens:
Mr. Speaker, Honourable Members, I would like to express the sadness, which has been felt within the Community with the death of Marion Purvis. Marian, for many years, taught at the Community School. So, pupils past and present will remember her part in their school lives and education. I speak for all Councillors when I offer sympathies to her family and friends and to Alan in particular at this sad time.
This is the last Legco before Mrs. Sylvia Cole leaves for pastures green and I would like to thank her for her years of hard work in developing all areas of education. Most people would agree that Sylvia was thrown in at the deep end, picking up and running with a very contentious issue of changing the school year. In hindsight I think most people agree that it was the right decision because of the increasing difficulties of taking a wide range of GCSEs in what is the UKs re-sit slot. Sylvia was also a key figure in developing Falkland Islands training, education and personal development for the Government and the private sector.
I am also told by my predecessor that Sylvia fought hard for the provisions of special needs. Mrs. Cole leaves us in good shape. This year’s inspector’s Report recorded progress in all three schools – Camp Education, the Infant/Junior School and the Community School. I will quote from this year’s independent inspection report: “Infant/Junior School – an effective school that has made consistently good progress since the previous inspection and is well lead and managed. Falkland Islands Community School – A well lead, soundly managed school, which has made good progress since the previous inspection. Camp Education – There have been improvements in all aspects of Camp Education.” I look forward to carrying this progression on with the next Director with my fellow Councillors, of whom seven out of eight are, and will be directly involved from preschool to higher education.
Finally, I would like to move on to the rural community. We are beginning to have a look at the issues and I would ask that we would come up with some short-term initiatives to help farmers now, when seasonal bills are high and that first wool cheque is some time away as we start to look at the long-term problems.
Mr. Speaker, I support the Motion.
Cllr. the Hon. Mr. Michael Rendell:
Mr. Speaker, Honourable Members, first of all, I would like to support the remarks of the Honourable Richard Davies regarding Housing Policy and the dock yard heritage centre in particular. A whistle-stop tour around the West last week was my real catch-up time. And, in four days, the opportunity arose to have many eyeball to eyeball meetings. Thank you so much for everyone who gave me their time so freely and openly and apologies to those that were reluctantly missed. Many issues were discussed and debated, most of which will be raised at the Camp Workshop in January. But without wishing to pre-empt that forum it is very clear that many more resources need to be targeted at the Camp. Of particular importance is the provision of a reliable ferry service across Falkland Sound. With supporting infrastructure such as Ro-Ro Ramps, which I know that FIDC and others are currently working hard to bring to fruition. Once the ferry is in, visitors will be able to witness the tremendous road-building work done by the two West Road Gangs. And, Honourable Members will, I am sure, join me in congratulating the two West Road Gangs there on a job well done. These teams are working day after day, week after week and month after month, year after year, sometimes in particularly difficult conditions and, are often taken for granted. They shouldn’t be.
Finally, a few words on the Camp Phone System. Today Honourable Members have approved the Telecommunications Amendment Ordinance, which fixes maximum dial-up internet charges at rates varying between .02p and .06p per minute. As a measure of the speed of downloads, I know that it has taken some Camp Customers 90 minutes to download the Penguin News electronically, whereas a Stanley customer can do the same in 10 minutes. It is therefore grossly unfair that Camp should pay the same rate as is charged in Stanley. And, I know that other Honourable Members join me in wishing to get this disparity resolved. It is also very unfortunate that the Bill came to us for approval when the service was already up and running.
Mr. President, I support the Motion.
The Honourable Dr. Andrea Clausen:
Mr. Speaker, Honourable Members, I just wish to mention two issues. Given the time between now and the previous Legco, some of my time was taken up by attending the Overseas Territories Association EU Conference in Brussels. And, it was a great insight into just how valuable such a forum is for the Falkland Islands. It gives the Falkland Islands an opportunity to raise and address issues that have far reaching economic implications for the Falklands. And, I say this in particular for the fish and the meat industries. And, it was very clear that we must have representation there to take our cases forward through the Commission in Brussels. I understand that this is yet to be made public in full detail but it will be in next week’s Penguin News for sure and I know it has been covered on “Calling the Falklands” and FINN.
The other issue that I would very briefly like to mention is that of immigration. Yesterday at EXCO there were some very uncomfortable and difficult decisions to be made and these have arisen because of a very complicated, sometimes, and inconsistent system with the Immigration Policy. It’s unclear. This really lack of a robust of a robust point system has to be addressed and I know that myself and Members who were involved in that portfolio are going to urgently be addressing this issue. And, we will look to see some outcome in the very near future in this matter.
Mr. Speaker, I support the Motion.
No other speakers rose to speak to the Motion and the speaker, Mr. Lewis Clifton, Adjourned the Meeting Sine Die.
(100X Transcription Service)
|
