Falklands : Legislative Assembly 24/07/09 Part 2
Submitted by Falkland Islands News Network (Juanita Brock) 29.07.2009 (Article Archived on 12.08.2009)
JR: Mr Speaker, Honourable Members, there are just a few words about my own portfolio starting off with health.
(Part 2)
JR: Mr Speaker, Honourable Members, there are just a few words about my own portfolio starting off with health. As can be seen in the Island, health probably the most brutal measure of health of the Nation takes the first line, which is life expectancy. And, quite clearly it would appear from where we are in that that we’ve got some way to go to match European standards. But actually in a small community like this those figures are subject to fluctuations that really can confuse the issue. And really what we need to do is to look at what is behind that. And, in fact, it may not seem like it at first glance but the plan for health is extraordinarily ambitious and is going to require a lot of work over the next few years. Quite frankly, some of is is just not going to be achieved in the time-scale that we would like.
There are a wide range of strategies which are quite complex. We’ve got a five year plan for health, a vulnerable people strategy, a community training programme for dealing with child protection, development of comprehensive information and data system, an alcohol strategy and all the baselines to establish for obesity and alcohol abuse. This is a tremendous piece of work.
Just for example a comprehensive information and data system – some of that is simply technological except it’s not simply technological because no clear answers as to marry up the different information systems in the hospital has actually been achieved yet. And of course all of this has to go on top of the day to day responsibilities that staff have.
But having said that it is the case that at the hospital we do have – and in the community at large, we do have a number of young, highly trained and skilled local people who probably would quite welcome the opportunity to widen their field of action by contributing and using their skills to help develop in some of these areas. I think we’ve got to try and be a bit imaginative about using the skills and the knowledge in the community to try and make progress in some of these areas because quite simply it’s not going to be easily achievable by just looking at the heads of department and current staff. So I think that I would welcome an opportunity to be able to look at more of that and discussing with heads of department how this could be done.
With regard to the Police, the principle policing strategy has already been developed and approved by Executive Council. The Islands Plan is looking to try and improve awareness of some of the curses in our society, I suppose as in any other society which is awareness of sexual offenses, drug use and alcohol related crime and road safety, of course. The trick will be to try and improve in these areas whilst still maintaining a good relationship between the Police and the community because that is of prime importance that police work is conducted in a way that is going to encourage respect from the community and lead to good communications between them. I think we’ve seen in the past the effect of not having a good relationship and really we want to try and ensure that we don’t have a failure of communication as has happened in the past.
With regard to the Fire Services essentially what we have to do with Fire Services is try and widen the scope for fire prevention activities and again assessments of community risk and community awareness. And that – there is a programme that the Fire Service has put forward for trying to do that and having access at the moment, there is no legislation to do it but having access to homes and businesses in the Falklands to try and build up there prevention practices and of course in stringent budgetary times trying to maintain the quite wide array of expensive assets is a challenge and that is looking after the maintenance and maintaining their assets and having a programme for them over the next 5 to 10 years is going to be an important part for them.
Lastly, a few words on FIDF. There is actually little to say about the FIDF but that is because it is entirely good. They do already achieve largely the cause set out in the Islands plan and I am sure we would all agree that they are a great credit to us. The principle challenge for FIDF is to ensure that they retain sufficient political support to maintain and progress its role in the overall defence strategies and to be able to maintain the value of their contribution to the British Forces in the Falkland Islands. And we’ve had good feedback on the role of the FIDF and we know that they are achieving their ambitions nicely. We just have to help to ensure that this doesn’t slip back.
Mr Speaker I would like to comment the Islands Plan to the House and support the Motion.
KP: Mr Speaker, Honourable Members, I don’t intend to comment on specific areas of the plan because that’s been done by other Honourable members. But I would like to make some general comments about the plan itself in the process. And the plan presented to the House today is the product of a considerable amount of work and that’s involved consultation with many people.
It’s a significant achievement and I’d like to thank all those involved on behalf of myself and in his absence the Chief Executive.
As many people will know this isn’t the first Islands Plan that’s been produced. It’s different in format to previous versions but there are many similarities in terms of aspirations and intentions. But this Islands Plan is different in concept. It’s not only a document in its own right but it’s also linked to departmental business plans and to those plans it will also be linked to an individual’s promised objectives.
Also in the budget for Government that was prepared this year the relevant parts of the Islands Plan were also taken into account so therefore forms a pivotal part of the Comprehensive Management Plan not only for FIG but for the Islands more generally.
It’s also a means to an end rather than being an end in itself. It’s a working document against which achievement of objectives will be measured. It will naturally evolve over time as circumstances and priorities dictate but in essence it’s a kind or road map – a statement of strategic policy in understandable and measurable terms. So it therefore urges as many people as possible to get a hold of a copy so they can be aware of what we are trying to achieve.
This is important because the Islands Plan is simply not just something for Government. There is a role for everybody to play in it and without the involvement of businesses and individuals many of the aims and aspirations will not be possible.
We have said already that many of the outcomes and targets will be challenging but we have tried to be realistic and not just include a wish list and a set of aspirations. And looking forward to five years is obviously difficult and we will no doubt modify some of the outcomes and targets all the time.
Like many governments we are experiencing difficult financial circumstances and there are many influences that are outside of our direct control but nonetheless without an overall strategic plan and organisation there’s no idea where it wants to be and how it wants to get there.
The Islands Plan is a series of objectives and targets with a design to set out our strategic direction and give us milestones against which we will measure our success in achieving them.
Sir I support the Motion.
KB: Would the Honourable Mike Summers like to sum up not?
MS: Mr Speaker, Honourable Members, thanks to all colleagues for their helpful comments on the Islands Plan and I hope it’s helped to explain the purpose and the content of the document to members of the public.
The Islands Plan does state our mission is to protect and improve the quality of life for Falkland Islands people and the community. That’s its mission, that’s its purpose. And in the introduction to the Islands plan there are three bullet points which I think are quite important. It says it’s a promise to our citizens, guidance to our staff, business and community partners. It gives direction to Honourable Members’ democratic mandate and provides an outlet for our aspirations and aims whilst keeping in mind they are subject to the resources available. And I think that echoes many of the comments that have been made today.
May I just want to say a quick about the second of those (bullet points): “Giving Direction to Honourable Members’ democratic mandates.” I remember when we first started this process some years ago talking to the then CBF Air Vice-Marshall David Crews-Williams (1988/1989), who described it as a line of march. (Note: he could mean Brigadier David Nicholls -1999) And I think that’s a concept that stayed with me for a long time and that’s actually what it is – a stepping out – a direction. And its end is giving elected members democratic mandates, one of the effects in the Falklands, having a non-party system is that you can write whatever manifesto you like before you get elected but having been elected you then have to accept what everybody else has had in their Manifestos so you don’t come to Government with a manifesto. And bearing in mind that we are approaching another election, one of the important features for the Islands Plan is that it does set out this line of march for the Falklands that can, of course, be amended by people’s individual manifestos when they first arrive in Government but it provides a route – a line of march that the Government can adopt immediately and then amend over time as it goes forwards. So it is, I think, critically important in that respect.
A final comment I would just like to make is that in discussing this document in Executive Council one day Commander British Forces mentioned in passing almost that HQBFSAI was a stake holder in this document. Of course they are. They are not heavily mentioned in it and the defence of the Falklands is a crucially important part of our National being. And it would be inappropriate, I think, to include the defence plan for the Falklands in the Islands Plan but it is always on our minds and we are always conscious that this is part of the partnership.
Mr Speaker, I commend this document to the House.
The Motion to pass the Islands Plan 2009/2014 passed unanimously.
The following Bills also passed:
Stanley Town Public Services (Amendment) Bill 2009
Administration of Justice (Amendment) Bill 2009
Family Allowances (Amendment) Bill 2009
Immigration (Amendment) Bill 2009
Following is the debate on some of these Bills:
Stanley Town Public Services (Amendment) Bill 2009
Cllr the Hon Mike Summers declared an interest in this issue.
KB: That is noted.
KP: Mr Speaker, Honourable members, this Bill amends the Stanley Town Public Services Ordinance specifically it repeals section 16 of that ordinance and that section prohibits the erection of a house, cairn or cottage within 100 feet of the outer wall of the cemetery. The amendment is supported by the Lands Committee. I beg to move the second reading of the Bill.
The Bill was fast tracked, had a 3rd reading and passed.
Administration of Justice (Amendment) Bill 2009
KP: Mr Speaker, Honourable Members, on occasions the Chief Justice has been required to enter the Islands for hearings in Chambers – that is, in private. This is because the law currently only allows the Chief Justice to hear ex-party matters in Chambers outside the Islands. Ex-party hearings are those where one party attends. This Bill will regularise the position to allow any in Chambers hearings to be held outside the Islands by deleting the Ex-party restriction. It’s intended to facilitate the conduct of Supreme Court Business. It would also save money on transporting the Chief Justice and potentially Counsel to Stanley. It should be stressed that this does not affect any public Court sittings. These will remain in the Islands.
I beg to move the second reading of the Bill.
The Hon Janet Robertson seconded and the Bill was fast tracked, had a 3rd reading and passed.
Family Allowances (Amendment) Bill 2009
KP: Mr Speaker, Honourable Members, This Bill is concerned with two amendments to the Family Allowances Ordinance. The first amendment replaces Section 13. This section relates to offences and clarifies the circumstances on which someone could be prosecuted by misstatement or miss-declaration. It also updates the maximum fine and conviction that has not been changed for many years, from £50.00 to a Level 5 fine, which is currently £3,000.00.
The second amendment in Section 13-A provides for a penalty to be agreed with the Postmaster as an alternative to prosecution. This will only apply to a person involved agrees to it and cannot be insisted upon by the Postmaster. It should also be noted that any fines imposed or penalties agreed are over and above the re-payment of any over-payment of Family Allowance, which will also be repayable.
I beg to move the second reading of the Bill.
The Hon Dr Andrea Clausen seconded.
JR: Yes, Mr Speaker, if I may, if I could ask the Attorney General for some clarification. On – it’s Section 13, Clause 3, I would like some clarification of Clause 3 in relation to Clause 2. I understand that Clause 2 is that – suggesting that the person is guilty of an offence if they have had a change of circumstances affecting their entitlements and they have not declared it. Clause 3 seems to be a – I’d like to say a snitching clause so you are guilty of an offence if you do not report that somebody – another person had had a change of circumstances and if that is the case, I find that quite extraordinary. Does it mean that we are all supposed to be spying on our neighbours to ensure that their circumstances have not changed in relation to our Family Allowance Entitlement?
DP: Mr Speaker, the key to the working of the Family Allowance regime is the concept of the income of the Family household and that’s defined in the regulations to include the income of partners of persons to whom the allowance would be paid.
What the new Section 13 does is to set out the offences in connection with the payment of allowance in these new circumstances where the entitlement includes the partner’s income.
Sub-section 1 relates to the making of statements and the provision of information for the purposes of obtaining payment of the allowance and that’s either by the person to whom the allowance is going to be paid or by any other person, such as the partner.
Sub-sections 2 and 3 relate to later changes of circumstances.
Sub-section 2 catches the person to whom the allowance has been paid.
Sub-section 3 catches another person who knows that there has been a change of circumstances which affects the entitlement. So this, for example, catches the partner who is aware of the change. But in order to commit the offence the other person, if I can put it that way, must cause or allow the other person not to give the required notification of the change of circumstances to the Postmaster.
Cause – I think that is fairly obvious. An example of cause would be simply not telling the person entitled to the allowance that there has been a material change of circumstances so that the person to whom the allowance is to be paid simply doesn’t know about it so they don’t commit an offence even though there has been a change of circumstances but the partner who knows about that change and doesn’t tell the person does because he’s caused that failure to happen.
Allow is the other circumstance and I accept that that’s a more difficult concept to define but it seems to me that “allow” in these circumstances means that he’s told his partner, for example, about the change of circumstances but knows that the partner to whom the allowance is actually paid doesn’t intend to tell the Postmaster because they want to keep the allowance. And in those circumstances the other person – the partner – has allowed his partner not to make the declaration. So in effect they both then commit an offence. The person to whom the allowance in Sub-section 2 and the partner who knows there’s been a change and knows that the individual is not going to report it under Sub-section 3.
I think the protection for an over-use of the “allow” definition or the “allow” category is of course, the fact that any prosecution for such an offence would require to be submitted to the Attorney General and the Attorney General will consider whether, in all the circumstances of the case a prosecution is in the public interest. And plainly, in relation to the “allow” limb of the offence – that is something we will consider very, very carefully before launching a prosecution in those circumstances.
JR: I would like to thank the Attorney General because I do understand what you are saying now in terms of Clause 3 – the entitlement of another person being aware of how their own circumstances might affect the entitlement of someone. But I think the issue there is connected with by using the term “another person” it seems to me very broad and perhaps this is what you can further clarify for me that it is really about information that connected persons have about the entitlements but not about just random people in the street who might – it’s an offence for a person to pick up a piece of gossip or something and then not report it. That seems to me to be not quite surely what the purpose is.
DP: I agree but again I think the key comes back to the person must cause or allow the other person not to make the required declaration. So it’s that link that you have to go to – not simply that you know about something but that your failure to do anything has either caused or allowed the person who has the primary responsibility for notifying IE the person to whom the allowance is paid not to make the required notification. So caused and allow has a more restrictive meaning than the Honourable Member indicates.
JR: Thank-you. That’s much clearer.
The Bill then went through all of its normal stages and passed.
Immigration (Amendment) Bill 2009 was not debated at this time and the Motion for Adjournment followed.
Those speeches will be delivered to clients on Tuesday morning.
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