Falklands : Falklands Summary of Executive Council Meeting 20th August 2009
Submitted by Falkland Islands News Network (Juanita Brock) 27.08.2009 (Article Archived on 10.09.2009)
This month’s meeting of Executive Council commenced with the consideration of a number of legislative matters.
Summary of Executive Council Meeting 20th August 2009
This month’s meeting of Executive Council commenced with the consideration of a number of legislative matters. Firstly Members considered the draft Public Accounts Committee Bill 2009. Whilst broadly encompassing the policy decisions previously made, further amendments were considered and agreed. A revised Bill will be gazetted at the earliest opportunity to enable members of the public to make comments on the Bill before it is submitted to Legislative Assembly in September.
A further amendment to the Family Allowance Ordinance was considered. The amendment would have the effect of slipping back the relevant year of assessment for means testing in relation to allowances payable for the first half of the year. The new default position in relation to assessment of eligibility for payment of allowance from January to June would be that the relevant year of assessment of income would be two years previously, not one year previously (as is currently the case). However, so as not to disadvantage anybody, a person would be entitled to nominate the relevant year for assessment as one year previously, not two, if they wished. The amendment is proposed because the current system, as administered, means that it would be almost certainly impossible to process all assessments of eligibility in time to make payment on or shortly after 1 January (because the assessment would be made on the basis of income for the year ending 31 December). Whilst some assessments of eligibility would still have to be processed in a very short time frame for those persons who nominate the previous year, it is envisaged that the number of payments to be processed for 1 January would be manageable. Members approved the submission of the Family Allowance (Amendment) Bill 2009 to the September meeting of Legislative Assembly.
The final legal matters to be considered were the draft Immigration (Permanent Residence Permit) Regulations 2009. Whilst Members were broadly content with the draft proposed, a number of further amendments were discussed and made and well as various points of clarification. Members also noted that the Regulations had yet to extend to the inclusion of the various application forms and guidance notes which are required to enable an actual application to be made. Work on these items is expected to be completed in time for Executive Council to consider completed Regulations at it’s September meeting. Key policy points that were discussed included, the requirement for all adult dependents to pass an English test, as well as noting that an application including an entire family (principle applicant and dependents) can be refused if any one of the individuals listed on the application fail to meet criteria relating to health and criminal record checks. Following the consideration of completed Regulations at the September meeting of Executive Council, the Regulations will be published in the Gazette and Laid on the Table at the November meeting of Legislative Assembly assuming that the Immigration (Amendment) Bill 2009 is assented to at the September meeting of Legislative Assembly.
Members considered the qualifying criteria which enable an individual to access the FIGAS Capped Resident Fare. Previously access to discounted FIGAS fares has been very broad and mirrored the criteria laid down for access to duty airbridge fares. Executive Council agreed that the use of FIG Duty Fare criteria for the MOD airbridge be discontinued and that new criteria include:
· Anyone with Falkland Island Status (including visiting/returning FIS holders)
· Anyone with a Permanent Residence Permit
· Anyone with a Work Permit
· Anyone with a Residence permit
· Any “Temporary Residents” including the Governor and staff based at Government House, staff of South Georgia Government based in the Falkland Islands, members of HM Forces currently based in the Falkland Islands, Veterans of 1982 conflict (HM Forces), anyone whose travel is arranged by SAMA, all duty travel organised by registered charities and trusts and the Falkland Island Tourist Board.
· The immediate family members of all above including (spouse/partner, children up to the age of 21), parents, siblings (their spouses/partners and children).
A request for FIDC to guarantee a £400,000 overdraft facility for the Falkland Island Meat Company was considered and approved. This overdraft facility will enable FIMCo to manage its working capital needs throughout the year, particularly during the busy period of operation.
Executive Council approved a new trial schedule for the Concordia Bay. This new Schedule will provide more contingency for weather delays and more time for extra crossings. Following the loss of the SAAS service from Fox Bay, Members also agreed that Workboat Services Limited could collect containerised wool from Fox Bay and discharge the wool at New Haven for £25 per tonne on a trial basis during the 2009/10 season. The transportation of empty containers to Fox Bay will not be charged for. A number of tariff matters relating to the use of the ferry and coastal shipping service remain outstanding and were not able to be fully considered at this month’s meeting. Members requested that these be brought to the September meeting of Executive Council so that they can be finalised as soon as possible.
An update on European Union and other external funding work was provided to Members. Council noted that the audit and budget documents required to ensure the successful payment of the final two tranches of 9th EDF (European Development Fund) funding are complete and have been accepted by the Commission. Funds totalling €3 million should be received before December of this year (all of these funds have already been included in previous budgets). Members also noted that the Single Programming Document required by the Commission outlining how funds from the 10th EDF (2008-2013) are to be used is almost complete and the final draft should be submitted to Executive Council in the near future. The Falkland Islands have been awarded €4.13 million from the 10th EDF. Finally Members noted that the General Manager of FIDC has held preliminary meetings with the European Investment Bank, the European Investment Fund and the FCO EU co-ordinator. The main aim of the two former meetings was to look into funding options for the port project and renewable energy schemes as well as SME (Small and Medium Enterprise) development and support .
Executive Council agreed to appoint Mazars LLP as the external auditors for a period of 3 years. The first year to be audited will be the 2009/10 financial year. The contract for audit of the smaller organisations, which are currently included for audit by the FIG external auditor, has been contracted on a year by year basis.
Members approved the Environmental Impact Statement for exploration drilling prepared by Desire Petroleum, subject to the submission of an Operational Addendum which will include details of the drilling contractor, drilling unit, location and number of wells to be drilled, and the proposed dates of operation. The EIS received comments/queries from the public during March and April of this year. Responses from Desire Petroleum were included in the paper considered by Members. Executive Council also agreed that the Addendum should include a revised Non-Technical Summary, and that the Addendum should be published in the Gazette and be approved by the Minerals Resources Committee.
Executive Council received a request to create the Patricia Luxton National Nature Reserve (Chartes). Members approved that the Chartes horse paddock be designated as a National Nature Reserve, the first such designation since the Conservation of Wildlife and Nature Ordinance 1999 was enacted. Members also approved the Patricia Luxton National Nature Reserve (Chartes) Regulations as well as the terms of the draft Management agreement between FIG and the landowner, Chartes Sheepfarming Company Limited.
Members approved a Licence to Hold Land for the purchase of a small uninhabited and unused island off East Falkland. On the wider subject of licences to hold land, Members approved that a sub-group of the Rural Development Strategy group be tasked to provide to the September meeting of Executive Council advice on how the Government should administer the Land (Non-Residents) Ordinance, in relation to conditions that might be applied to licences for the purchase of agricultural land, in the national interest, and to propose any amendments to the Ordinance that are necessary to deliver agreed policy.
A request from a taxpayer for the addition of the UK charity Help the Heros to the list of charities which are recognised in the Falkland Islands for tax purposes under section 57B(2) of the Tax Ordinance 1997, was approved.
As a result of the Review of Government, the first stage of which is to become effective as of the 1st October 2009, a number of post names have been changed. Some these posts are included on the list of Statutorily Barred Posts under the Electoral Ordinance 1988 as well as the Management Code. Members approved the making of an Order under Section 53(2A) of the Electoral Ordinance 1988 varying the offices specified in Section 53(2), and approved the amendment of Chapter 4 of the Management Code, in order that these changes could be accommodated.
In order to comply with the SOLAS (Safety of Life at Sea) Convention, the Falkland Islands as a flag state is required to carry out the Long Range Identification and Tracking (LRIT) of ships. The Long Range Identification and Tracking of ships is part of a suite of ship and port security measures which were introduced after 11 September 2001. The resolutions under Chapter V of the SOLAS convention require Contracting Governments to have the ability to receive LRIT from both their own flag vessels as well as any vessels approach the port or that navigate to within 1000nm of its coast. The ability to poll our own flag vessels is mandatory. Executive Council agreed to waive the entitlement to receive data from vessels approaching the Falkland Islands ports or traversing waters up to 1,000nm off the coast of the Falkland Islands, and approved continued negotiation with the MCA/Department of Transport and service providers to ensure flag state compliance with SOLAS LRIT requirements.
A draft report on Telecommunications in the Falkland Islands by Dr Chris Doyle was considered by Executive Council. Members were disappointed to note that the drafting template for the new Telecommunications Bill, was not included in the report submitted to FIG, despite this being one of the clearly defined Terms of Reference set down for this report. Members noted the recommendations made in the report and have made a number responses for Dr Doyle to consider when preparing his final report. Members approved that FIG work on the price cap mechanism and open dialogue with Cable and Wireless on this matter immediately. A redacted version of the Final Report will be made public following consideration by Executive Council.
Executive Council approved the appointment of a Temporary General Manager of FIDC for 6 months from the 1st September, in order that FIDC has the appropriate resource available to be able to properly contribute to the various FIG reviews, in particular the EDS and FIMCo reviews. The cost of this post can be met from within the FIDC budget and so there are no financial implications for FIG.
Members approved the appointment of Mr Brian Summers as a lay member on the Planning and Building Committee for a period of three years.
The appointment of 3 new lay members for the Stamp Advisory Committee were approved, one position is yet to be determined. Ms Joanne Turner and Mr James Simpson have been appointed for a period of 3 years and Mr Derek Clarke for 18 months.
Finally, Executive Council approved the progression to contract with SSVC for the provision of BFBS television and radio programmes to the Falkland’s civilian population. Members also agreed to the purchase of a new transformer for Mt Maria so that either TV and radio services or radio at the least can be restored to camp. This latter approval with only happen if the transmitters are deemed to be in a fit state to provide these services.
This concludes the Executive Council summary for August 2009.
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