LEGISLATIVE COUNCIL 01 OCTOBER 2004 REPORT
Commentary by J. Brock (FINN)
A meeting of Legislative Council took place in the Court and council Chamber of the Town Hall at 1030am on Friday, 01 October 2004. The venue began with prayers by the Rev. Paul Sweeting of Christ Church Cathedral. Once prayers were completed the minutes of the Legislative Council meeting held on 30 July 2004 were confirmed and signed by the Speaker, Mr. Tim Blake. There were no objections or amendments to that record.
PAPERS LAID ON THE TABLE BY THE HON. THE CHIEF EXECUTIVE:
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.
Offshore Petroleum Licensing Amendment Regulations 2004, Currency Notes Regulations Order 2004, Falkland Islands Pensions Scheme Amendment Ordinance 2004 Correction Order 2004, Postal Packet Customs Regulations 2004, Planning and Building: The Tabernacle Designation Order 2004, Road Traffic: Car-Parks Regulations Amendment Order 2004, Medical Practitioners: Recognition of New Zealand Qualification Order 2004, and Planning and Building: 5A Pioneer Road Direction 2004.
QUESTIONS FOR ORAL ANSWER:
Question No. 7/2004 by the Hon. Mr. Mike Summers (MS):
Would the Honourable John Birmingham please advise what progress is being made with additional parking in the Jetty Centre area? And, in particular, what progress has been made with the Falkland Islands Company in seeking to acquire apparently redundant land adjacent to the Jubilee Warehouse for substantial additional public parking?
Answer by the Hon Mr. John Birmingham (JB):
Mr Speaker, Honourable Members, as the honourable Member will be aware and as the public will be aware, work has been started by PWD around the south of the Jetty Centre in extending the car parking facilities there. Discussions with the Falkland Islands Company regarding the land owned by them next door to the Jubilee Warehouse are on-going at the moment.
MS: Thank you for that brief answer. I wonder if the Honourable Member would advise if in his capacity as Chair of Falkland Islands Tourist Board, he thinks that the Tourist Board is comfortable with its public responsibility for parking in that area, or if they feel they might be better relieved from the negotiations with the Falkland Islands Company, to someone else in the Government who might be able to find it a little easier.
JB: Mr. Chairman, Honourable Members, that’s an interesting supplementary there for Honourable Mike Summers. But I believe this is the establishment of the Falkland Island(s) Tourist Board since the board became independent some 12 months ago. I believe that the Board and the Manager have the ability to negotiate with the Falkland Island(s) Company. Regarding the provision of parking for the public in that area, I think by the time the works are completed there will be very few complaints.
Question No. 8/2004 by the Hon. Mr. Mike Summers:
Would the Honourable Richard Cockwell please advise what plans are in place to return Falkland Landholdings to profitability? And, in particular, what strategies will be employed to achieve this?
Answer by the Hon. Mr. Richard Cockwell (RC):
Mr. Speaker, Honourable Members, this has been a matter of concern for the Board of Falkland Landholdings for some time. Plans are in place to return Falkland Landholdings to profitability.
Sheep numbers on Falkland Landholdings farms have declined by approximately 15 to 20% over the last 6 years. The Board and Management have implemented plans to restore numbers to at least their original levels of some 5 to 10 years ago. Although it is also felt that this can be exceeded with considerable investment in fencing and improved livestock management. It’s anticipated that flock numbers can be restored in approximately 3 to 4 years but much will depend on weather and lambing, etc. The wool quality on Falkland Landholdings farms today is significantly coarser than the majority of Falkland farms, whereas wool weights are similar. In today’s wool market, this is a distinct disadvantage and plans are already in place to improve the quality of the wool clip by 3 micron, which has the potential to increase wool values in today’s prices by as much as .58p per kilo. The introduction of the Abattoir and meat industry has significant potential for the farms but sheep numbers have to be rectified first.
Over the last six months, the cost of central administration has been reduced. Other areas of cost reduction and recovery, particularly in the areas of Community Service are also under consideration.
MS: I thank the Honourable Member for that response. Could he advise whether he anticipates that in the period it’s going to take to increase sheep numbers on Falkland Landholdings and improve income from better quality wool, if there is no increase in the wool price, is the Company likely to be seeking additional Government Funding to support its cash flow?
RC: Mr. Speaker, Honourable Members, this is quite a difficult question. It’s something, which the Board has been addressing. It is not our intention at this stage to seek for further funding or further support. However, the situation at the moment is not clear whether we will be able to continue without any support. We will require some cash flow support but that is hoped to be done on the commercial market through the bank rather than coming back to the Government for those sums. But what I can say, it is not our intention and not our expectation at this moment that it will be necessary. A lot of it depends on wool prices and on the success of the measures that have been put in place. But it is under active discussion with the board. And, hopefully, within the next two to three months there will be a complete action plan in place.
JB: Mr. Chairman, Honourable Members, The Honourable Richard Cockwell possibly won’t be able to answer this, although I am sure he will have a good go. Could the Hon Richard Cockwell tell me when Falkland Island(s) Landholdings was last in profit, or even if it was ever in profit? The question was about returning to profit.
RC: The Honourable John Birmingham is absolutely correct. I can’t actually answer this question in detail. However, I am talking about the land in general returning to profit and I understand that historically it has actually returned a profit, possibly before the time that it was owned by the Falkland Island(s) Government. But it was capable of returning a profit in its days. And, as certain farms around the Islands are able to be in profit, there’s no reason why Landholdings shouldn’t be able to do the same.
ORDERS OF THE DAY: BILLS:
Falklands Landholdings Corporation Amendment Bill 2004:
Comments by the Chief Executive, Mr. Chris Simpkins (CS):
Mr. President (Speaker), Honourable Members, this Bill has five objectives aimed at improving the efficiency of the Board of Falkland Landholdings following a review of the conduct of its business. It reduces the size of the Board to seven members, it makes provision for the appointment of an Alternate Member to attend the meeting in the event that a Member of the Board is unable to attend, it provides a quorum of the Board to be a minimum of four Members, it makes provision for the appointment of a Member of the Board to Chair the meeting in the absence of the Chairman of the Board and it revises the date by which the Corporation must send its annual estimates to the Financial Secretary of the Government from the 31st of March in the year to the 30th of June.
I beg to move the second reading of the Bill.
This Bill has been published in the Gazette, so the fast track method was used in passing this legislation.
Falkland Islands Development Corporation Amendment Bill 2004:
Comments by the Chief Executive, Mr. Chris Simpkins:
Mr. Speaker, Honourable Members, the Purpose of this Bill is that identical to that in respect of Falkland Landholdings. It reduces the size of the Board of the Corporation to eight in this case but in so doing, makes the Board more representative of the various sectors of the Falkland Islands’ economy by providing for one member each to be nominated by the Rural Business Association, the Fishing Vessel Owners Association, the Falkland Islands Chamber of Commerce and the Falkland Islands Tourist Board. It also makes provisions for the appointment of an alternate Member to attend the meeting in the absence of a Member. And, it makes arrangements for the Chairing of the meetings in the event of the Absence of the Chairman. And, it finally provides for a quorum of a minimum of 5 members.
I beg to move the second reading of the Bill.
The Bill has been published in the Gazette, so the fast track method was used in passing this legislation.
The Broadcasting Bill 2004:
Comments by the Chief Executive, Mr. Chris Simpkins:
Mr. Speaker, Honourable Members, the Broadcasting Bill 2004 provides for the grant of re-broadcasting licences on satellite broadcasts reception service licences and also provides that neither of those kinds of Licences may be granted as an exclusive licence. The Bill therefore provides a regulatory framework for re-broadcasting of satellite broadcast reception services and creates a number of offences in relation to unauthorised decoders. That is to say a decoder that is designed, adapted or used to enable an encrypted transmission to be accessed without authority. In such circumstances, provision is made for the forfeiture of unauthorised decoders.
I beg to move the second reading of the Bill.
MS: Mr. Speaker, can I please ask a question of the Attorney General? Would this Bill make it illegal or reinforce the legality of people using decoding equipment to listen in to private telephone conversations?
Answer by the Attorney General, Mr. David Lang, QC (DL):
No. The scope of the Bill is restricted to public broadcasts, which are intended by the satellite television companies to be received by persons who are paying a subscription. It is, however, already an offence for persons to listen in without authority to private telephone conversations. It may be necessary to strengthen that legislation and that is a matter, which in my department, is under review.
The Bill has been published in the Gazette, so the fast track method was used in passing the legislation.
The Aviation and Maritime Security Act 1990 Application of Provisions Bill 2004:
Comments by the Chief Executive, Mr. Chris Simpkins:
Mr. Speaker, Honourable Members, this complex and quite technical Bill introduces Sections 18 to 46 of the UK Aviation/Maritime Security Act 1990 into Falkland Islands Law but adapts those sections to the circumstances of the Falkland Islands. The central purpose is to protect ships and harbours and the people that use them from acts of violence. H. E. the Governor is given the power to make corrections to secure these objectives in certain circumstances. Offences relating to security at aerodromes and the safety of ships and fixed platforms are created and procedural processes are introduced in relation to various security measures.
I beg to move the second reading of the Bill.
This Bill was not published in the Gazette but also went through the fast track method prior to being passed.
Supplementary Appropriation 2004/2005 Bill 2004:
Comments by the Financial Secretary, Mr. Derek Howatt (DH):
Mr. Speaker, Honourable Members, in addition to the sum of £39,197,840.00 already appropriated, the purpose of this Bill is to authorise the withdrawal of £377,760.00 from the Consolidated Fund to meet supplementary expenditure approved by the Standing Finance Committee on 30 July 2004. The Bill Provides for the Contingencies Fund to be replenished in respect of any advances made. £277,760.00 of the additional sum relates to the carry-over of several under-spends from the last financial year to meet commitments and to enable the completion of various projects under the operating and transfer payments. The remaining £100,000.00 was approved to cover the estimated fees of a London Firm of solicitors engaged to assist with the on-going Stanley Services Ltd. Share sale negotiations.
I beg to move the first reading of the Bill.
The Bill went through the fast track procedure and passed.
MOTION FOR ADJOURNMENT SPEECHES:
Cllr. The Hon. Mr. John Birmingham:
In speaking to the Motion, I always find it interesting that when we have a Legislative Council meeting on a Friday and we pick up our newspapers and gives us something to chew on, even if the fat sometimes is a little bit too thick.
I notice that the issue of Councillors going away on business has raised its head again and this comes up very often. As somebody who has just recently been away, I feel that I should in some way justify my trip. Although, there was something in last week’s newspaper - I went to the Small Countries Conference with the Clerk of Councils, Claudette and Richard Cockwell was also at that meeting and other meetings in Canada. That’s the first time I have been to one of these. And, I have to say it was interesting. And, the numbers of people that you get to meet - and although the Falkland Islands in numbers certainly - we were next door to the smallest representative body there - I feel that Richard, myself and Claudette push the Falklands’ case to a large number of people both in committee meetings and in other gatherings. Now, the choice always has been do we send people overseas to represent us or do we not. If we don’t send people overseas to talk to people to push our case, then what will happen is that after a period of time overseas people see large countries, small countries, the overseas media forget that there is a problem down here. And, we know there’s a problem with our neighbours. And, eventually we will lose. I am not saying we are in any kind of danger from this or a future British Government but we do need sympathy and will lose sympathy if we are not there pushing our case.
And, I notice in today’s paper there is a letter from an individual - and they are entitled to send their letters - I have no problem with that - we are here to be criticised and that’s part of the job. But I do see it fascinating to see on occasion, letters from individuals who hark back to the 1999 Agreement, which they are entitled to do. But some of these individuals have gained substantially financially from that agreement. And, I think that sometimes they should sit down and think about that.
I see in the editorial, which is very good this week, I must congratulate the editor, but there is some discussion about the public meetings - about publicity and the public meetings - I would suggest that FIBS News and Penguin News have a role to play in publicising when the meetings are going to be held. The media have a role to play in all of the meetings that we have throughout the month.
And, I noticed that today the Standing Finance Committee, which is arguably in the top three or four meetings that are held every month - had no media - sitting around the room taking notes. That is the meeting held in public for the majority of time, when a lot of decisions are made regarding spending money. I would have thought that would be a good place for the media to be at. Perhaps it’s too early in the morning for that.
Going back to the business of being a Councillor, we have a year to go and I would throw down the gauntlet to some of our greatest critics and say that you have a year to save your £100.00. Now is the time to think about it. We actually need some people who are younger than, as around the table here. I don’t think anybody around this table is younger than 45, 46. And, some are substantially older than that. So, I think that if anybody is thinking about becoming a Councillor should ask one of the sitting Councillors or ex Councillors what it’s all about. And, perhaps they should seriously consider it.
Mr. Speaker, I have finished.
Cllr. The Hon. Mr. Roger Edwards (RE):
Mr. Speaker, My Colleague on my left seems to have stolen all my headlines. This is just as well, perhaps, because one of the members of the public here today is actually parked in a limited time parking slot and we obviously don’t want him to be fined.
I enjoy public meetings, the newspaper did say that we get vociferous and ferocious members of the public - I don’t think they are. I think it’s good we see such a turnout on a regular basis. And, they keep us on our toes, which is good news. I was fascinated to read about the Councillors’ habits and, since reading it this morning, I have been trying to put which habits to whom.
At the public meeting, we had comments from a member of the public about radio communications and radio bands and the like. I would like to say publicly that I have raised this with the Attorney General. He’s explained to Councillors the very serious problems that we do have in this area. A Councillor will be making a statement at the next public meeting but it is not just a simple matter of taking UK Legislation and adapting it for our area. There are much more serious involvements.
I would like to second what my colleague said about visits overseas. If we were to produce a profit and loss account on those visits, I believe they would always end up well in the black. And, we don’t send too many people to these meetings. C-24, back in the June was Councillor Summers and I who attended. The Argentine deputation, sometimes exceeds 32, with their own television and own radio support teams. I think they are good value and we must be there. We will default and lose out if we do not attend.
I would like to mention very briefly Camp telephones because Dr. Chris Doyle just paid a visit to the Islands. He came to Fox Bay, where he stayed the night. And, I would thank everybody who turned up at Fox Bay - some of whom had travelled quite a distance - to meet him and listen to what he had to say. We are often very critical of the consultants we get but I think this was a guy who understood the difficulty and will write a report reflecting that difficulty and, perhaps, propose a system that we can afford and will meet the requirements of the people in Camp.
The ’99 Agreement, I wasn’t going to mention, but no agreement is about making money. If it’s morals or money, we are talking about, I believe it should be morals.
Thank you Mr. Speaker.
Cllr. The Hon. Mr. Mike Summers (MS):
Mr. Speaker, Honourable Members, I intend only to say a few words about Foreign Affairs. There can be no doubt that, at this time, the Falkland Islands’ peoples’ right to self determination is under attack from the current Government in Argentina. That right to self determination is supported by most right thinking people. It’s certainly supported by the major democratic organisations around the world, including the United Nations and the Commonwealth Parliamentary Association. It is perfectly clear therefore, why members of this House should attend those meetings and put our case. The British Government, for its part, has done an excellent job in stating its case in terms of the sovereignty of the Falklands to the Government of Argentina, that perhaps haven’t yet got the message. They are doing a good, firm job and we thank them for that. But it can’t be left to them. It is our job, it’s our responsibility to make our case around the world for self determination. It’s made in the United Nations, it’s made at the CPA, it’s also made at other meetings that we attend. When we go to the Overseas Territories Consultative Council and we are going to the European Union Forum, which I will be doing later in November and in December. We have the opportunity of speaking to a wide number of people and putting the case for self determination and gaining support for self determination. That’s the key issue that it is about going overseas. We could, if we wished, sit at home and let someone else do it for us. Sorry, that doesn’t work. The point is made, the point is right as my colleague on my left has said and it is the right thing to do.
Additionally to that, a couple of words about the European Union Forum, because I know the European Union is not the most favourite organisation amongst many people, perhaps myself included. It is one of the most irritatingly bureaucratic organisations you will ever come across. However, you sometimes have to count your blessings. From the 7th EDF, the Falklands benefited to the tune of £1.7Million, which was invested in Agriculture. From the 9th EDF, we had E3Million - about £2Million, which is in the process of being invested in a number of ways in our economy. From the STABX fund, over the years, we have had several million pounds, much of which has been re-invested in Agriculture, some of which has been invested in roads and jetties and in other areas. These things don’t just happen by themselves. They happen because people make them happen. That’s why we go. That’s why we interact with these organisations.
People may be critical, I understand why they may be critical about apparent expenditure and people travelling. It’s seen to be fun but I can assure you it’s not that much fun sometimes but it does need to be done.
Sir, I support the Motion.
Cllr. The Hon. Mrs. Jan Cheek (JC):
Mr. Speaker, Honourable Members, I’d like to put on record first my tribute to the late Valma Malcolm, who received many eulogies after she died but I think it is important that it be recorded here the years of work that that lady did supporting the very cause that my Colleague has just mentioned that of self determination for Islanders was unique. And, she is irreplaceable. I just wanted to place that on record.
I’d also like to speak on our attendance at meetings. I’ve just come back from the Overseas Territories Consultative Council and I agree with what my colleagues have said. In addition, we have a lot to learn when we go to these meetings. We learn how other people run their Governments. Very often we learn how not to do it. Not everyone gets it right. Not everyone necessarily does things better than we do.
We don’t just learn about the principles of governance - how to ensure that people get the best from those they elect to represent them, but we also learn things that are available - perhaps things we didn’t know about, things that other countries use to help them in their governance. We also make many good friends for the Islands. It’s very hard work often. I don’t want to exaggerate but it is really hard work and you come back generally exhausted from these things because you are on duty almost around the clock. Even when the formal meetings finish and you go to the social events, which inevitably follow them, those are the opportunities to get a quiet word in the ear of a Foreign Office Official, or to set the record straight in terms of our position with regard to Argentina with someone who, perhaps hadn’t understood that they are still threatening us.
I would say we could bury our heads in the sand but to do so would be a betrayal of the very things that we should be fighting for.
I support the Motion.
Cllr. The Hon. Mr. Richard Cockwell (RC):
Mr. Speaker, Honourable Members, unfortunately, I haven’t had time to read the newspaper this morning so I don’t have any new issues to discuss. I could have read it in Gilbert House but somebody else was reading it and
MS: Buy your own
RC: I think there has been a lot said about representation and If I could just reiterate what they say or to recognise what they say and also to point out to people - make no bones about it - Argentina is not sitting at home and not representing their case regarding the sovereignty of the Falkland Islands overseas. I had met many people in the CPA who for one reason or another have had dealings with Argentina and they say they have been lobbied very strongly on the Falklands issue. And, it is very useful for people like ourselves, who travel overseas and meet these people, can actually put the record straight. There is one person, who I met, who was actually a Minister from one of the African countries, who had had this representation from Argentina and they said that it was perfectly obvious that the Falklands should be part of Argentina. I said it was not our view and this Minister asked what the view of the people in the Falklands was - the people who live there? I said that we do not wish to have anything to do with Argentina, that we wished to be able to determine our own future. The Minister said that obviously that is the way it should be. This is what happens but there are people who have been lobbies and there are other people who don’t realise there is a problem and so we have to go out and tell the world what the situation is. We can’t sit at home and ignore the issue. Otherwise, we will return to the same situation we had prior to 1982 when people didn’t even know where the Falklands were, or if they did know, they didn’t think there was a problem.
One of the issues, which I think is hanging over everybody’s heads at the moment is - and there’s been a lot of talk about it - the issue of the Illex. I think one thing we have to recognise is that - the one thing we do know about the Illex in the next season, is that we don’t know what’s going to happen. We hope that they will return. We do not know. We have to be prepared for either occurrence. So, if somebody says they are not going to come back and the fishery is destroyed, they are not working on any stronger evidence than the person who says that it was only a one-year blip and they will be back to normal next year. We do not know.
And, if I could just mention the Aviation/Maritime Security Act, which went through this morning, I didn’t speak to it but I do wish to point out that we had to actually put this in place in order to implement the security measures that we have to do for the coming tourist season. But I wish to also point out that during that time we will all be looking at it and if there are problems with it, we will have to return and get revisions made if it doesn’t suit our conditions properly.
Sir, I beg to support the Motion.
Cllr. The Hon. Mr. Ian Hansen (IH):
Mr. Speaker, Honourable Members, in rising to support the Motion for Adjournment, I, too, had intended to pay tribute to Velma Malcolm. I agree totally with Cllr. Cheek’s Sentiments.
Last Week in the newspaper I read an article about Rug-rats Nursery. I think quite a few people like myself possibly wouldn’t realise the amount of children, who actually attend this facility, which does operate in pretty basic surroundings. Cllr. Birmingham said on his Motion for Adjournment speech on the 26th of May that to try and run a nursery in an out-dated and inadequate premises is not good practice at all. It’s a statement, which I wholeheartedly support.
JB: Here, here!
IH: I am slightly disturbed to hear and read that apparently although the Falkland Islands Government have supplied a new building for childcare there seems to be real possibilities that the current out-dated and inadequate facilities may still be operating even after this new building is opened.
My initial impression was that the new building would replace the outdated and inadequate premises. The fact that I may have misunderstood this probably isn’t an issue here. The real issue must be that if we had a new building, which is large enough to accommodate children, who are currently attending these nurseries in substandard premises, I think we must ensure that this new venture is affordable to everybody. I would urge all involved in this worthy project to apply at least 80% common sense to any decisions on management policy to run it, as I believe there is a significant danger of even perhaps unwittingly getting bogged down in, for instance, comparisons to UK standards of training and staffing levels. I personally would be very disappointed if, in six-months’ time we have two or more nurseries providing a service. I feel there really is no need for this.
The other issue I would just like to address briefly is we have a lot to learn with the dental service. The people in Stanley are now not particularly happy with the long waiting list for appointments. The arrival of a Locum on Monday will alleviate the problem but probably only to a certain extent. I realise the illness of the dentist played a large part in this and I don’t intend to criticise him. Just imagine how frustrating it must be for those in Camp. Not only have we been informed that a dental visit to West Falkland is not going to happen in the foreseeable future, but just yesterday, all the existing dental equipment has been packed and removed from Fox Bay as it is deemed no longer safe to use.
I accept health and safety is an issue but are you replacing the equipment? If so, when will it be installed? If we aren’t going to replace it, why not? Each Councillor promotes a policy in the Falkland Islands Plan for a healthy society, which includes dental health. But how can we justify expecting people to pay for dental treatment if dentists fail to visit at a certain time and people are desperately trying to get appointments that are unavailable?
Sir, I beg to support the Motion.
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