LEGISLATIVE COUNCIL: FRIDAY, 30 JULY 2004
Commentary by J. Brock (FINN)
A meeting of Legislative Council took place in the Court and Council Chamber of the town Hall on Friday, 30 July 2004 at 1030, lasting for about an hour. The meeting began with prayers by Monsignor Michael McPartland. The Oath of Allegiance for Group Captain Gordon Molls followed prayers. Confirmation of the record of the Legislative Council Meeting held on 25 and 26 May 2004 preceded announcement of papers to be laid on the table by the Hon. The Chief Executive. These include:
Copies of Subsidiary Legislation Published 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.
Falkland Islands Pension Scheme Complaints Procedures Regulations 2004
Mount Pleasant and Mare Harbour Designation and Speed Limits Order 2004
Planning and Building 17A Ross Road West Direction 2004
Planning and Building 4 Pioneer Row and 4 Brandon Road Direction 2004
Planning and Building 66 Davis Street and 36 Callahan Road Direction 2004
Fishery Products Hygiene Revocation of Approval Order 2004
Merchant Shipping Ordinance 2001 Correction Order 2004
Claims Audit 2004
Brandon Road, No Waiting Regulations order 2004-07-30
Merchant Shipping, Registration of Ships Amendment Regulations 2004
Audit of Accounts of the Falkland Islands Development Corporation, The Falkland Landholdings Corporation, and the Media Trust for the year ending 30 June 2003, laid on the table pursuant to section 61 of the Finance and Audit Ordinance.
QUESTIONS FOR ORAL ANSWER:
Question No. 4 of 2004 by the Hon. John Birmingham (JB):
Mr. Speaker, Honourable Members, would the Honourable Roger Edwards inform this House on the progress of the installation of street lighting at the East End of Davis Street and at the Murray Heights Mobile Park, enabling residents to walk safely to Eliza Cove Road at night time?
Answer by the Hon. Roger Edwards (RE):
Mr. Speaker, Honourable Members, the Street Lighting on Snake Hill between H. Jones Road and Davis Street has been temporarily removed to allow for the formation of a public footpath. These works are proceeding to program and the street lighting will be re-instated in August 2004. The existing street lighting on Davis Street will be extended to the east of Hillside Camp together with footpaths with a link to the Fisheries Estate. These works will be completed later in the year. Murray Heights to Eliza Cove Road, the Highways Section of PWD will carry out improvements to the existing track that runs parallel to the Bypass Road and provide an un-surfaced foot-way. Walkway bollard lighting will be installed along its length, with standard street lighting at the junctions of Eliza Cove Road and Murray Heights Mobile Park.
JB: I thank the Hon Roger Edwards for his reply.
Question No. 5 of 2004 by the Hon. John Birmingham:
Can the Honourable Stephen Luxton confirm that during Farmers Week, the Tamar FI did a trip to Fox Bay to pick up 4 vehicles?
Answer by the Hon. Stephen Luxton (SL):
Mr. Speaker, Honourable Members, Island Shipping Ltd. Did indeed provide a ferry service for Fox Bay during Farmers Week. The Coastal Shipping Service has traditionally provided a ferry service from Port Howard to Port San Carlos during Farmers Week. This year, the unfortunate destruction of the Port Howard Jetty meant the traditional service could not be run. Island Shipping sought the advice of Government Officials and were advised to bring vehicles from the West to Stanley. These vehicles were already booked on the ferry crossing.. It was felt that FIG should endeavour to provide the best service to people on the West. There was no additional cost to FIG for this voyage because this service was carried out as part of a fixed price contract between Island Shipping Ltd. And FIG.
JB: I beg (thank) the Honourable Member for his answer.
Question No. 6 of 2004 by the Hon. John Birmingham:
Mr. Speaker, Honourable Members, will the Honourable Richard Cockwell assure me that the £50,000.00 allocated from Central Government Funds towards the Goose Green Development Project will be used for non-agricultural purposes?
Answer by the Hon. Richard Cockwell (RC):
Mr. Speaker, Honourable Members, I can confirm and assure you that there is no intention of using the £50,000.00 allocated to Falkland Landholdings from Central Government for agricultural purposes.
JB: I thank the Honourable Member for his reply.
STATEMENT ON DEFENCE MATTERS BY GROUP CAPTAIN MOLLS, MBE:
Mr. Speaker, Honourable Members, thank you for this opportunity for me to make a statement on Defence.
As you will be aware, on Wednesday, the 21st of July 2004, the Secretary of State for Defence announced a significant restructuring of the Armed Forces. The clear message from the Secretary of State was that the changes will result in the Armed Forces being more capable in the future than they are today, as advances in modern technology mean the desired affect can now be achieved with fewer deployable assets.
I would like to take this opportunity to reassure all Falkland Islanders that the reductions announced by the Secretary of State do not impact at all on our operational capability here. There will be only one superficial change at Mount Pleasant Airfield. That is the responsibility for the ground based air defence role will be switched from the Royal Air Force to the Army. The transition will be seamless. Operational capability will be maintained throughout. No change is envisaged to the current levels of coverage, so our air defence capability is not reduced at all.
The Navy are losing a number of ships, including their oldest Type 42 Destroyers. These include HMS Cardiff, currently serving in Falkland Islands waters and HMS Glasgow, which patrolled the South Atlantic earlier this year. The increased capability of the new Type 45 Destroyers, which are replacing the old Type 42s, will ensure that Naval taskings, both standing and contingent, will continue to be undertaken in line with the latest defence policy. Naval deployments in support of defence diplomacy and wider commitments abroad remain a priority.
The Royal Air Force’s Tornado F-3 Forces are going to be reduced by one squadron. And details of which infantry battalions slated to go are still being discussed. But neither of these reductions will impact on the role of the infantry or the Tornado F-3 Flight here in the Falkland Islands.
Commitment to sustaining our operational roles is a priority. Therefore, I am pleased to assure you that you will continue to hear the sound of freedom in the skies over the Falklands.
MOTION NO. 3 OF 2004 PROPOSED BY THE HON. STEPHEN LUXTON AND SECONDED BY THE HON. IAN HANSEN: It is moved that this House resolves to approve the Murral Farm Road Regulations 2004.
SL: Mr. Speaker, Honourable Members, these regulations provide for the construction of a road across Stanley Common from Moody Brook towards the Murral Farm. I welcome the opportunity to propose this Motion as I believe this is a road that is long overdue and will link to Stanley what may be the closest farm in terms of distance but is undoubtedly one of the most isolated.
Perversely, one of the first things I was involved in when joining this Council was delaying this road because I firmly believed then as I do now that to build a road in all the way from Long Island was the wrong way to do it. I believe what we are doing now is the right way to do it. And, it will not only link the Farm to Stanley but open up a nice part of the Common to many more folk from town as well as providing another opportunity for day-visit tourists.
I know there are concerns in some quarters about the impact on the Common - the fishing and the scenery. But I believe these problems can be managed successfully for the benefit of everybody. Due to its proximity to Stanley, the work requires planning consent, which will be the appropriate time for anybody to raise any concerns of this type. I propose that we support the motion.
Cllr. The Hon. Mr. Ian Hansen (IH):
Mr. Speaker, Honourable Members, I agree entirely with the Member who has just spoken and am more than happy to second this motion.
Comments by Cllr. The Hon. Mrs. Jan Cheek (JC):
Mr. Speaker, Honourable Members, I want to make clear first that I am not opposing the building of the road or the principle of routing the road through common land. But I would urge that the proposed route be reviewed because there are serious concerns about it, in fact, on the part of the Murral used for fishing. We need to be very cautious about the gradual whittling away of leisure amenities that are within easy reach of Stanley. And, the Murral is a prime example of this. I don’t fish there but I know many people who do and have done for fifty years and, in some cases, more. And, I believe that they should be consulted about what is the best crossing point that will have the least bad affect on the fishing potential of that river. But I support the principle of the road being built through common land.
The motion passed.
ORDERS OF THE DAY: BILLS
The Ship and Port Facility Security Bill 2004:
The Chief Executive, Mr. Chris Simpkins (CS):
Mr. Speaker, Honourable Members, the purpose of this Bill is to make provision in relation to Port Security and introduces measures relating to safety of ships and persons on them. It implements Chapter 11.2 of the SOLAS Convention and the ISPS Code into the Law of the Falkland Islands. It provides for the inspection of ships and port facilities, the detention of ships in certain defined circumstances, the payment of compensation where, in fact, it is found there is no valid basis for detention, the creation of an offence of unlawful entry to a restricted area of a ship and obstruction of unauthorised officers and falsely pretending to be an authorised officer, the enforcement of Chapter 11.2 of the SOLAS Convention and ISPS Code, the service of enforcement notices, a procedure for objecting to enforcement notices and the maintenance and retention of ship and port security plans. I beg to move the second reading of the Bill.
The short-track procedure was used and the Bill was passed.
The Highways Weight Limits Amendment Bill 2004:
CS: Mr. Speaker, Honourable Members, the affect of this Bill is to replace Section 5 of the Highways Weight Limits Ordinance 2004, to make different provision in relation to the style of plates, which are to be displayed on certain vehicles to indicate the authorised weight of the vehicle. I beg to move the second reading of the Bill.
The short-track procedure was used and the Bill passed.
The Interpretation and General Clauses Amendment Bill 2004:
CS: Mr. Speaker, this fairly technical Bill would limit the affect of Section 78 of the Interpretation and General Clauses Ordinance, so that Imperial Enactment, as defined by that Ordinance made after the 31st of July 2004 will not have the affect of altering the written Law of the Falkland Islands. I beg to move the second reading of the Bill.
The short-track procedure was used and the Bill was passed.
The Customs Amendment Bill, Amendment No. 2 Bill 2004:
CS: Mr. Speaker, the purpose of this Bill is to make a number of drafting corrections thus set out in the Schedule to the Bill to the Customs Ordinance 2003. In particular, it corrects a mistake in cross-referencing Section 13.6 of the Principal Ordinance. It replaces the existing Section 21 of the Ordinance so as to make proper provision for the rummaging of vehicles arriving in the Islands and it inserts a schedule into the Principle Ordinance that provides for the penalties applicable to the illegal importation of Class “A” or “B” drugs to make them the same as those specified in the Misuse of Drugs Ordinance 1987. I beg to move the second reading of the Bill.
As the Bill was of major importance, the Speaker, Mr. Tim Blake, recommended that the short-track procedure not be used. The Bill, having gone through all if its stages was read a third time and passed.
MOTION FOR ADJOURNMENT:
Cllr. The Hon. Mr. John Birmingham:
Mr. Speaker, Honourable Members, in rising to speak to the Motion, I would like to welcome Group Captain Molls to this House and thank him very much for his statement on Defence. I know the Members will wish to speak to that, I’m sure, but I would just thank you for what you said at the end there, about the sound of freedom and long may we hear it in these Islands.
Last night there was a meeting of interested parents - a meeting that was called to decide the future of childcare facilities in Stanley. There were approximately 45 ladies there and at one point, I was the only so called man until, I won’t embarrass him by mentioning his name, Andrew Newman, I did feel a little bit better when he came in. I was in there for maybe 40 minutes. There must have been perhaps 20 items on the agenda and when I left they had got through around about 16. They got through these agenda items with very little waffle, the meeting was exceptionately well-run and I would like to congratulate the organisers of that Committee. And, at the end of that evening (I haven’t spoken to Cllr. Jan Cheek about it yet. She stayed on.) I would expect that the facility itself, the company that’s going to run that facility will be pushing ahead and will be formed. Now, I have no idea, they were through the 18 items when I left, that was 18 items in 40 minutes. I have heard that the AOB went on until 0200 but I have no idea about that. But, anyway, congratulations and I am very confident that by the end of this year, there will be an up and running new child facility in Stanley.
Yesterday at Executive Council there was a paper come along and it was to do with working conditions - working hours. And, it didn’t go any further than appearing at Executive Council. And really, not for the first time, I am appealing to not only the Union - Employees Union, which Amalgamated with the Civil Servants Association but also ex-members of those organisations. It is you who will make the Union as it stands now work, without membership the Union cannot do a great deal. I would urge that the Union - those remaining members of the Union, actually go out and try and attract new members. It’s very difficult for Government to deal with just a few individuals. There needs to be an employees’ organisation within the Islands.
Some work is being done at the Public Jetty. This has to be done. There is no question that we can escape this. It’s to do with tourism. Anybody who has looked in there will see that it has to do with tourism. I would like to welcome Mrs. Connie Stevens to the post of heading the tourism sector within the Islands. And, I see a bright future for tourism as an industry. It’s one of the few where we can actually see money coming in across the counters and across the bars. And 30,000 visitors came here last year, we may well have a few more thousand this year. And, I would appeal to drivers during the season not to look upon these tourists as a nuisance and think of them as visitors bringing money into the Islands.
Now, a Giraffe is a very tall animal, Margaret, but I would explain that that’s not the only animal that’s tall. There are some tall stories around as well. Some of my colleagues come out with them. And, I dare say there will be a few more in a minute. Some of the stories that we do hear, it’s difficult to believe that they are true. At the public meeting the other night there was an accusation that the Director of Education had sent out a letter to tutors who were doing evening classes, telling them that the evening classes were to be stopped. Councillors didn’t know anything about this letter. The following day we were shown a copy of the letter that did go out and it said no such thing. What it actually says is that they will be self supporting. Evening classes will be self-supporting. We all agreed to that. I think it’s just an example of how people can get excited and throw an accusation. It can be hurtful on occasions. I would ask that sometimes we should all have a little think before we say anything.
Mr. Chairman, I have nothing more to say except, I hand you over to Mrs. Norma Edwards, who will carry on.
Cllr. The Hon. Mrs. Norma Edwards (NE):
Mr. Speaker, Honourable Members, I, too, am very grateful for the statement made by Group Captain Gordon Molls regarding the defence of the Islands. It will reassure a lot of people to hear that there won’t be a great decrease in the defence of the Islands and I think we would like to relay to the appropriate people that we are grateful for the continued support that we get from the Military here. And, it is indeed a good thing that we are still going to hear lots of planes flying around.
Of course, on a slightly different tack, being an ex-naval wife, I just wonder what they are doing to the Navy. I suppose it won’t make any impact on us but I think it’s very sad that all these cuts are necessary elsewhere.
Can I just inform the Camp constituents that the renewal of the Camp Phone System, which we haven’t heard anything about, is still underway and that somebody is arriving in the Islands very shortly to oversee this. And, it will take place in due course.
May I also take this opportunity to say good-bye to Tony Lnacaster, who is leaving our Planning Department. In my opinion, he’s been a very good Planning Officer. He has produced some very good planning in the Stanley Plan that I think will stand us in good stead in future years. I would just like to wish him and his family well. It’s been a pleasure working with him and I hope one day, maybe, we will see him back again.
The only other thing I would like to say is a thank-you to the Archives Department for asking the Councillors up to visit and to see what actually goes on there. Thank-you also for the lovely cakes they provided. They do have an awful lot of work to do in that department. I think sometimes we don’t appreciate what goes on behind closed doors. I would like to commend Jane for the work that they have done and wish them well for the future collation of all the old archives that they’ve still got to do.
Mr. Speaker, I support the Motion.
Cllr. The Hon. Mr. Stephen Luxton:
Mr. Speaker, Honourable Members, I’d like to echo the comments of my colleagues in thanking Group Captain Mould for his very robust statement on Defence. It’s a good thing to reassure people from time to time that there are no changes because, in the absence of other information, people can sometimes make it up for themselves.
I’d like to make a personal observation regarding the likely forthcoming visit by private aircraft from over the water. Folk at the public meeting the other night might have been left with the impression that all Councillors were in favour of this. I’d just like to record the fact that while this may have been the majority view, it wasn’t mine. I have to say, I am losing patience being nice to any segment of the Argentine population. It doesn’t seem to me to be doing as much good in securing long-term benefit of the Falkland Islands. I’m afraid that if I hear the expression, “Moral High Ground,” many more times, I think I am going to start throwing things.
At the last sitting of this House, we introduced the Highways Weight Limits Bill 2004. It was interesting to listen to the views of the Farming Community during Farmers’ Week on the damage caused by heavy vehicles. I was quite surprised at the level of indignation, even outrage at the fact that damage was being caused to roads, which exist for the benefit of everybody. I guess I am appealing here to the common sense of both haulers and customers not to push the envelope in taking heavy loads along Camp roads in winter. Even a truck within the 15-tonne window limit is capable of causing a lot of damage in the wrong conditions. But to legislate to an even stricter level will be undesirable for all sorts of practical reasons, as the maximum load for the weight to be carried varies according to the weather. The Camp roads aren’t perfect 365 days a year. We know that but at the moment, they are what we can afford and it isn’t likely that that will change much in the immediate future, even with the capping programme that will commence this season. Please don’t muck them up just for the sake of taking a large load from “X” to “Y” on a particular day.
As many will know, Coastal (Island) Shipping uses group meetings during Farmers’ Week for the express object of putting everybody in the same room to bottom out some of the discussions and accusations that have been flying around for the last year or so. Councillors have often found themselves in the situation of hearing two different sides of the story, which, on many occasions, didn’t bear much resemblance. The reason for the group meeting was to bring out frank and open discussions or any problems, which have occurred. There was some interesting discussion but on the whole, I was disappointed with the local participation. Some of the people who have button-holed me on numerous occasions in the last six months, expressing strong views on this or that aspect of the service provider, said remarkably little when it came to saying it in front of the service provider.
Finally, having my knuckles firmly rapped for remarking on a minor capital project last time, I can’t possible comment on the wisdom of digging up a slab of concrete from the public jetty that has been there for 50 years and replacing it with another slab of concrete.
Sir, I support the motion.
Cllr. The Hon. Mrs. Jan Cheek:
Mr. Speaker, Honourable Members, I, too, welcome the reassurances we have received from Group Captain Mould regarding Defence, following the recent review.
I’d like to reinforce what the Honourable John Birmingham said about people sometimes getting their facts wrong. We had that example the other evening of a serious misrepresentation of facts regarding evening classes. And, it turns out that it was simply a delivery actually of a Councillors decision that these classes should be self-funding. I suggest that maybe one or two of the more outspoken people at that meeting might be well advised to have a little note of grovelling apology waiting for the Director of Education on her return.
The only other item I would like to speak about is also one mentioned by the Honourable John Birmingham about the childcare meeting. And, at the risk of sounding a little sexist, he shouldn’t be surprised that a meeting of mainly women has too much waffle. Most of us don’t have time for it.
JB: Point of order!
JC: I would like to congratulate all those involved, not only in that meeting but all the work they did preparing to that meeting. And, I hope now that we will see this additional facility go ahead and meet some of the need for good, safe childcare in Stanley.
I support the Motion.
Cllr. The Hon Mr. Richard Cockwell (RC):
Mr. Sp…..
TB: Please refrain from sexist remarks.
RC: I assure you I will, Sir.
JB: And waffle
RC: I’m not sure about that.
I, too, would like to thank Group Captain Molls for his comprehensive report on where we stand with the Defence cuts. I think a lot of us were concerned when we heard that they were taking place. I think we can rest assured that the affect on the Falkland will be minimal. And, I would also like to assure Group Captain Mould that all the Falkland Islands Defence Force can do in helping with the Defence of the Falklands within our present role and our financial constraints, I am sure we would be very willing to do.
The SOLAS Convention and the construction that the Hon. Stephen Luxton is referring to and John Birmingham referred to - it’s one of these things that is extremely easy to criticise. It’s easy to say that we shouldn’t have anything to do with it and it’s a waste of time and we don’t need to spend this money. Unfortunately, we do. Whether you like it or not, the reality is we just have to do it. We are in the world these days. The World doesn’t stop at the door of the Falklands. And, if we want tourists to come here, we are going to have to do it. Not being an engineer myself, I have to take the advice of the engineers who designed the facility, that is necessary to pull up the concrete.
If I could just mention the Illex issue - there’s a lot of talk about that Illex have been over-fished - we as Councillors are very lucky to have a presentation by the Fisheries Department on the Illex situation - the scientists’ assessment of what caused the major drop in Illex numbers last year. And, we have asked that that presentation is made to the public. I recommend that anybody that has concerns about what has happened with the Illex, what the causes were and what we can do about it, which, unfortunately, is very little, they should go along to this meeting. It would actually put the whole thing into the picture. One of the interesting things, which I picked up from that briefing is that there is quite strong scientific evidence that this isn’t the first time this has happened. However, I do recommend people to go to the meeting.
And finally, I, too, would like to pass on my thanks to Tony Lancaster’s departure from the Falklands. He has done some extremely good work. We have achieved things we have been working for, for a long time. We’ve got the Town Plan, we’ve got the Construction Plan and the Planning Ordinance, which he’s worked extremely hard on. And, I think in the future his name will be remembered because of these documents that he’s been working on. I do wish him well in the future and hope that he may wish to come back at some time, if not to work, then as a tourist, and leave some of the money the Honourable John Birmingham has been talking about.
I beg to support the motion.
Cllr. The Hon. Mr. Roger Edwards (RE):
Mr. Speaker, Honourable Members, in rising to support the Motion for Adjournment. I, too, would like to echo my colleagues and welcome Group Captain Gordon Molls to this Chamber in place of Commander British Forces. I wish to thank Commander British Forces for his statement on Defence, which does not impact on the capability. I think it’s good that we have continued support and know of the continued security they provide to the Islands. And, my colleague on the left, Richard Cockwell, has mentioned FIDF with better training and more enhanced equipment, I am sure they, too, will continue to give us good service in the security of the Islands in the future.
Being the Husband of that Naval Wife that spoke earlier, I, too, worry about the future of the Navy but fortunately, I am having dinner with the Admiral of the Fleet next year. I will be able to bend his ear and stuff - tell him where he went wrong.
In talking about the MOD, I would like to talk about stripping.
NE: Not in here, please.
RE: I read about the MOD Land Rover that had been involved in an accident on the Mount Kent Road and the stripping of that vehicle. It is something that happened quite frequently after the conflict, when there was a shortage of vehicles. But that time has gone by and, I think appalling that people should stoop so low as to have carried this out. I hope they are brought to task and locked up.
While researching the question by Councillor John Birmingham, I was also very disappointed to hear about the amount of vandalism that we experience here in Stanley. I was not aware until we were researching this question that such vandalism took place.
I have received much criticism over the roads and the Roads Programme. But I can assure everybody out there that with the greatly reduced budget, we thought long and hard on how to make best use of the funds that we had, while still employing as many people as possible and to build and progress the roads as much as possible. It was not an easy task but I do believe we have achieved a sensible outcome, which achieves all those aims.
Finally, I, too, would like to mention security. This morning we read and passed of the Ship and Ports Facility Security Bill 2004. It’s something, yes I admit, we have to do. If we don’t do it, we are told
