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1 L E G I S L A T I V E C O U N C I L O F F I C I A L R E P O R T R E C O R T Y S O I K O I L Y C H O O N C E I L S L A T T Y S S A G H P R O C E E D I N G S D A A L T Y N HANSARD Douglas, Tuesday, 13th March 2018 All published Official Reports can be found on the Tynwald website: Supplementary material provided subsequent to a sitting is also published to the website as a Hansard Appendix. Reports, maps and other documents referred to in the course of debates may be consulted on application to the Tynwald Library or the Clerk of Tynwald s Office. Volume 135, No. 11 ISSN Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. Court of Tynwald, 2018

2 Present: The President of Tynwald (Hon. S C Rodan) The Lord Bishop of Sodor and Man (The Rt Rev. P A Eagles), The Attorney General (Mr J L M Quinn QC), Mr D C Cretney, Mr T M Crookall, Mr R W Henderson, Mrs M M Hendy, Ms T M Humbles, Mrs K A Lord-Brennan, Mrs J P Poole-Wilson and Mrs K Sharpe with Mr J D C King, Clerk of the Council. Business transacted Order of the Day Commonwealth Day Message from Her Majesty the Queen Swearing in of new Members Welcome to His Honour the First Deemster and Clerk of the Rolls, and the Chief Registrar Swearing-in of newly elected Member of the Legislative Council, Mrs Marlene Hendy Swearing-in of newly elected Member of the Legislative Council, Ms Tanya Humbles Swearing-in of newly elected Member of the Legislative Council, Mrs Kate Lord-Brennan Swearing-in of newly elected Member of the Legislative Council, Mrs Jane Poole-Wilson Swearing-in of newly elected Member of the Legislative Council, Mrs Kerry Sharpe Thanks to His Honour the First Deemster; welcome to new Members; thanks to all candidates The Council adjourned at 10 a.m. and resumed its sitting at a.m Airports and Civil Aviation (Amendment) Bill 2018 First Reading approved Data Protection Bill 2018 First Reading approved The Council adjourned at a.m C135

3 Legislative Council The Council met at 9.30 a.m. [MR PRESIDENT in the Chair] The Clerk: Hon. Members, please rise for the President and His Honour the First Deemster. 5 The President: Moghrey mie, good morning, Hon. Members. Members: Moghrey mie, Mr President. The President: The Lord Bishop will lead us in prayer. PRAYERS The Lord Bishop 10 The Lord Bishop: Almighty God, Father of us all, we thank you for the beauty of our land and for the rich heritage of this nation. Inspire the people of this Island, and especially those now called to serve on this Council, with the spirit of righteousness and love, willing both to share and to receive, that in prosperity and in adversity we may declare that we are one with each other and one with you, through our Lord and saviour, Jesus Christ. Amen. Order of the Day 1. COMMONWEALTH DAY MESSAGE FROM HER MAJESTY THE QUEEN 15 The President: I bring a Commonwealth Day Message from Her Majesty The Queen, Head of the Commonwealth: We all have reason to give thanks for the numerous ways in which our lives are enriched when we learn from others. Through exchanging ideas, and seeing life from other perspectives, we grow in understanding and work more collaboratively towards a common future. There is a very special value in the insights we gain through the Commonwealth connection; shared inheritances help us overcome difference so that diversity is a cause for celebration rather than division. We shall see this in action at the Commonwealth Heads of Government Meeting which takes place in the United Kingdom next month, bringing together young people, business and civil society from across the Commonwealth. These gatherings are themselves fine examples of how consensus and commitment can help to create a future that is fairer, more secure, more prosperous and sustainable. Having enjoyed the warm hospitality of so many Commonwealth countries over the years, I look forward to the pleasure of welcoming the leaders of our family of 53 nations to my homes in London and Windsor. Sport also contributes to building peace and development. The excitement and positive potential of friendly rivalry will be on display next month as we enjoy the Commonwealth Games on the Gold Coast, Australia. Contributing to the success of the Games, alongside athletes and officials, will be thousands of volunteers. Voluntary effort, by people working as individuals, in groups or through larger associations, is so often what shapes the Commonwealth and all our communities. By pledging to serve the common good in new ways, we can ensure that the Commonwealth continues to grow in scope and stature, to have an even greater impact on people s lives, today, and for future generations. Elizabeth R. 175 C135

4 2. SWEARING IN OF NEW MEMBERS Welcome to His Honour the First Deemster and Clerk of the Rolls, and the Chief Registrar The President: Hon. Members, it gives me great pleasure to welcome His Honour the First Deemster and the Chief Registrar, Mr Cregeen, to attend our proceedings this morning. This is for the very important constitutional purpose of swearing in new Members of Legislative Council, administering the Oath of Office and the Oath of Allegiance. Without this constitutional procedure, there would be no legitimacy to the new Members to act as legislators so it is a very important part of our constitution this morning. It gives me pleasure to hand over proceedings to His Honour. The First Deemster (His Honour D C Doyle): Thank you very much. Swearing-in of newly elected Member of the Legislative Council, Mrs Marlene Hendy The Clerk conducted Mrs Hendy before the Deemster. 30 The First Deemster: We have two Oaths to deal with: there is the Oath of Allegiance and then the Oath of Office. We start with the Oath of Allegiance. Mrs Hendy took the Testament in her hand and took the Oath of Allegiance as follows: Ta mish, Marlene Madora Hendy, loo liorish Jee Ooilley-niartal dy bee m firrinagh as dy feer ammyssagh da e Hooashley-Reeoil y nah Ven-rein Elizabeth. As ayns shoh dy gooin Jee lhiam The First Deemster: Thank you very much. I will now administer the Oath administered to elected Members of the Legislative Council, and I do that as follows: You shall well and truly serve as a Member of the Legislative Council of this Isle, according to the statute in that case made and provided. You shall use your best endeavours to maintain the laws and customs of this Isle, and shall justly and truly deliver your opinion and do right in all matters which shall be put unto you, without favour or affection, affinity or consanguinity, love or fear, reward or gain or for any hope thereof, but in all things you shall deal uprightly and justly and do wrong to no man. So help you, God. I will in a moment invite Mrs Hendy to sign an entry in the Liber Juramentorum, the public records of this Island, and that entry reads as follows: At Douglas, 13th March On this day, the Oath of Allegiance and the Oath of elected Member of the Legislative Council was taken by and administered to Marlene Hendy, sworn into office as Member of the Legislative Council by virtue of Warrant of Election dated 12th March Mrs Hendy, if you are content with that entry, can I ask you to sign on the right-hand side for me, please. Mrs Hendy signed the Liber Juramentorum. 176 C135

5 55 60 The First Deemster: Thank you very much. I will just witness that signature. Mr President, I announce that I am satisfied that Marlene Hendy is now fully qualified to take her seat as a Member of the Legislative Council, and I present to you, Mr President, the relevant Warrant of Certification of Election to the Legislative Council of Marlene Hendy. The President: Mrs Hendy, I present to you the Warrant and copy of the Standing Orders of the Legislative Council, and my warmest congratulations. The Clerk conducted Mrs Hendy to her seat. Swearing-in of newly elected Member of the Legislative Council, Ms Tanya Humbles The Clerk conducted Ms Humbles before the Deemster. The First Deemster: First, the Oath of Allegiance. Ms Humbles took the Testament in her hand and took the Oath of Allegiance as follows: I, Tanya Marie Humbles, do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and her successors. So help me, God. The First Deemster: Thank you very much. I will now administer the Oath administered to elected Members of the Legislative Council, and I do that as follows: You shall well and truly serve as a Member of the Legislative Council of this Isle, according to the statute in that case made and provided. You shall use your best endeavours to maintain the laws and customs of this Isle, and shall justly and truly deliver your opinion and do right in all matters which shall be put unto you, without favour or affection, affinity or consanguinity, love or fear, reward or gain or for any hope thereof, but in all things you shall deal uprightly and justly and do wrong to no man. So help you, God. I will in a moment invite Ms Humbles to sign the Liber Juramentorum, and the entry reads as follows: At Douglas, 13th March On this day, the Oath of Allegiance and the Oath of elected Member of the Legislative Council was taken by and administered to Tanya Humbles, sworn into office as Member of the Legislative Council by virtue of Warrant of Election dated 12th March Ms Humbles, if you are content with that entry, can I ask you to sign on the right-hand side for me, please. Ms Humbles signed the Liber Juramentorum. The First Deemster: Thank you. I will just witness that signature. Mr President, I announce that Tanya Humbles is now fully qualified to take her seat as a Member of the Legislative Council, and I present to you, Mr President, the relevant Warrant of Certification of Election to the Legislative Council of Tanya Humbles. 177 C135

6 The President: Ms Humbles, I present to you your Warrant and copy of the Standing Orders of the Legislative Council. Warmest congratulations. The Clerk conducted Ms Humbles to her seat. Swearing-in of newly elected Member of the Legislative Council, Mrs Kate Lord-Brennan The Clerk conducted Mrs Lord-Brennan before the Deemster. 95 The First Deemster: In respect of the Affirmation of Allegiance. Mrs Lord-Brennan took the Affirmation of Allegiance as follows: I, Kate Lord-Brennan, do solemnly, sincerely and truly affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors The First Deemster: Thank you very much. I will now administer the Affirmation administered to elected Members of the Legislative Council, and I do that as follows: You do solemnly and sincerely affirm and declare that you shall well and truly serve as a Member of the Legislative Council of this Isle according to the statute in that case made and provided. You shall use your best endeavours to maintain the laws and customs of this Isle, and shall justly and truly deliver your opinion and do right in all matters which shall be put unto you, without favour or affection, affinity or consanguinity, love or fear, reward or gain or for any hope thereof, but in all things you shall deal uprightly and justly, and do wrong to no man. I will in a moment invite Mrs Lord-Brennan to sign an entry in the Liber Juramentorum, and that entry reads as follows: At Douglas, 13th March On this day, the Affirmation of Allegiance and the Affirmation of elected Member of the Legislative Council was taken by and administered to Kate Lord-Brennan, sworn into office as Member of the Legislative Council by virtue of Warrant of Election dated 12th March Mrs Lord-Brennan, if you are content with that entry, could I ask you to sign on the right-hand side for me, please. Mrs Lord-Brennan signed the Liber Juramentorum. The First Deemster: Thank you very much. I will just witness that signature. Mr President, I announce that Kate Lord-Brennan is now fully qualified to take her seat as a Member of the Legislative Council, and I present to you, Mr President, the relevant Warrant of Certification of Election to the Legislative Council of Kate Lord-Brennan. The President: Mrs Lord-Brennan, I present to you your Warrant and copy of the Standing Orders of the Legislative Council. Warmest congratulations. The Clerk conducted Mrs Lord-Brennan to her seat. 178 C135

7 Swearing-in of newly elected Member of the Legislative Council, Mrs Jane Poole-Wilson The Clerk conducted Mrs Poole-Wilson before the Deemster. 125 The First Deemster: In respect of the Oath of Allegiance. Mrs Poole-Wilson took the Testament in her hand and took the Oath of Allegiance as follows: I, Jane Poole-Wilson, do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors. So help me, God The First Deemster: Thank you very much. I shall now administer the Oath administered to elected Members of the Legislative Council, and I do that as follows: You shall well and truly serve as a Member of the Legislative Council of this Isle, according to the statute in that case made and provided. You shall use your best endeavours to maintain the laws and customs of this Isle, and shall justly and truly deliver your opinion and do right in all matters which shall be put unto you, without favour or affection, affinity or consanguinity, love or fear, reward or gain or for any hope thereof, but in all things you shall deal uprightly and justly and do wrong to no man. So help you, God. I will in a moment invite Mrs Poole-Wilson to sign an entry in the Liber Juramentorum, and that entry reads as follows: At Douglas, 13th March On this day, the Oath of Allegiance and the Oath of elected Member of the Legislative Council was taken by and administered to Jane Poole-Wilson, sworn into office as Member of the Legislative Council by virtue of Warrant of Election dated 12th March If you are content with that entry, Mrs Poole-Wilson, could I ask you to sign on the right-hand side for me, please. Thank you. Mrs Poole-Wilson signed the Liber Juramentorum. The First Deemster: Thank you very much. I will just witness that signature. Mr President, I announce that Mrs Poole-Wilson is now fully qualified to take her seat as a Member of the Legislative Council, and I present to you, Mr President, the relevant Warrant of Certification of Election to the Legislative Council in respect of Jane Poole-Wilson. The President: Mrs Poole-Wilson, I present to you your Warrant and a further copy of the Standing Orders of the Legislative Council. Warmest congratulations. The Clerk conducted Mrs Poole-Wilson to her seat. 179 C135

8 Swearing-in of newly elected Member of the Legislative Council, Mrs Kerry Sharpe The Clerk conducted Mrs Sharpe before the Deemster. 155 The First Deemster: We have two Affirmations to deal with: first of all the Affirmation of Allegiance and then the Affirmation which I administer to you. Mrs Sharpe took the Affirmation of Allegiance as follows: I, Kerry Sharpe, do solemnly, sincerely and truly affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors The First Deemster: Thank you very much. I will now administer the Affirmation administered to elected Members of the Legislative Council, and I do that as follows: You do solemnly and sincerely affirm and declare that you shall well and truly serve as a Member of the Legislative Council of this Isle according to the statute in that case made and provided. You shall use your best endeavours to maintain the laws and customs of this Isle, and shall justly and truly deliver your opinion and do right in all matters which shall be put unto you, without favour or affection, affinity or consanguinity, love or fear, reward or gain or for any hope thereof, but in all things you shall deal uprightly and justly, and do wrong to no man. I shall in a moment invite Mrs Sharpe to sign an entry in the Liber Juramentorum, the public records of this Island, and that entry reads as follows: At Douglas, 13th March On this day, the Affirmation of Allegiance and the Affirmation of elected Member of the Legislative Council was taken by and administered to Kerry Sharpe, sworn into office as a Member of the Legislative Council by virtue of Warrant of Election dated 12th March Mrs Sharpe, if you are content with that entry, could I ask you to sign on the right-hand side for me, please. Mrs Sharpe signed the Liber Juramentorum The First Deemster: Thank you very much. I will just witness that signature. Mr President, I announce that Kerry Sharpe is now fully qualified to take her seat as a Member of the Legislative Council, and I present to you, Mr President, the relevant Warrant of Certification of Election to the Legislative Council of Kerry Sharpe. The President: Mrs Sharpe, I present to you your Warrant and copy of the Standing Orders of the Legislative Council. Warmest congratulations. The Clerk conducted Mrs Sharpe to her seat. 180 C135

9 Thanks to His Honour the First Deemster; welcome to new Members; thanks to all candidates The President: Can I thank you, Your Honour, for administering the Oaths of Office and Oaths of Allegiance. Can I take this opportunity of welcoming formally the new Members of Legislative Council. To Mrs Poole-Wilson: a warm welcome on your particularly convincing return; and to new Members, Mrs Lord-Brennan, Ms Humbles, Mrs Hendy and Mrs Sharpe, welcome. I think it would also be appropriate to express appreciation on behalf of us all and the public to all 15 candidates who offered themselves for public service in the legislature. They are to be all applauded for their public spirit. Hon. Members, the story of Legislative Council and Tynwald is one of historic continuity but also one of evolution. From being a body originally presided over for centuries by the Lord of Mann and then His Excellency the Lieutenant Governor and with Members exclusively holders of Crown office, appointed by the Crown, over the years by various constitutional reforms Council has evolved into a new form, with a presiding officer chosen by Members of Tynwald. While the Lord Bishop and Attorney General represent that all-important historic continuity, the majority of Members of Council are chosen by Members of the House of Keys, the directly elected representatives of the people. Today is a somewhat historic event in that evolution because for the first time a majority of those Members selected by the Members of the House of Keys are women, and for the first time a majority have not previously served in the other Branch of the legislature but have been selected from outside the legislature. Similarly, the role of Executive Council has considerably changed. From being the seat of executive power and exclusive executive authority, centred on the Lieutenant Governor, there has been the creation of our ministerial system of government and the role of Council now is to initiate, revise and ensure that legislation is fit for purpose, with a continuing all-important policy-making role in Tynwald Court. So this puts you, Hon. Members, in a position of great privilege and considerable responsibility and I think it would be useful for you, and indeed for all of us, to remember the words of the 19th century historian, Macaulay, who said: Do not hesitate to disoblige the few who have access to you in favour of the many who do not have access to you and who you will never see. In other words, look at the big picture, do not just listen to those who shout the loudest. Thank you, Your Honour, for doing the honours this morning and the Council will adjourn for a short perhaps 10 to 15 minutes, to allow His Honour to retire and for the taking of commemorative photographs, should you wish to do so. Council will now take a short adjournment. The Council adjourned at 10 a.m. and resumed its sitting at a.m. 181 C135

10 Mr Crookall to move: LEGISLATIVE COUNCIL, TUESDAY, 13th MARCH Airports and Civil Aviation (Amendment) Bill 2018 First Reading approved That the Airports and Civil Aviation (Amendment) Bill 2018 be read a first time. The President: Hon. Members, we resume our sitting of the newly constituted Legislative Council. We turn to Item 3 on our Order Paper, the Airports and Civil Aviation (Amendment) Bill for First Reading, and I call on the mover, Mr Crookall Mr Crookall: Thank you, Mr President. I am pleased to be before you today to present the Airports and Civil Aviation (Amendment) Bill, which will introduce new primary powers into the Airports and Civil Aviation Act 1987 to enable the Department of Enterprise to make subordinate legislation for the purpose of meeting the Island s international obligations in respect of civil aviation, and for regulating the Island s civil aviation in general. At present, the Island relies on the UK to make orders to regulate civil aviation and to implement the Convention on International Civil Aviation which lays down standards and recommended practices for civil aviation. This is achieved through a UK Act which has been applied to the Island by the UK which requires such orders to be made in the UK Privy Council and therefore in which Tynwald has no input or say. This places a burden on the UK government and progression of legislation on behalf of the Crown Dependencies is inevitably in competition with wider UK priorities, resulting in significant hindrance for the Island in keeping up to date with international requirements. The Airport and Civil Aviation Act 1987 currently enables the Department to extend specific UK and EU civil aviation legislation to the Island, subject to exceptions, adaptions and modifications. Whilst these are useful provisions that must be retained, they are not sufficient to create effective legislation where significant modification or variation from the UK or EU legislation is required. The Bill reflects the legislation in force for the UK that is already extended to the Island. Therefore the aim of the Bill is to introduce a new legislative process, rather than introducing new functions or responsibilities for the Department. The Department has identified a wide range of legislative developments required to ensure continued compliance with international civil aviation standards. The ability to progress the required legislation in a timely and efficient manner can only be achieved through the provision of new powers to make domestic secondary legislation without recourse to Orders in Council. The UK Department for Transport has formally confirmed that it has no objections to the content and purpose of the Bill and is content to see the Bill proceed. The Department for Enterprise will continue to communicate with the UK Department for Transport as the Bill progresses. Mr President, I beg to move that the Airports and Civil Aviation (Amendment) Bill be read for a first time. The President: Mr Henderson. Mr Henderson: Gura mie eu, Eaghtyrane. I beg to second and reserve my remarks. The President: Do Members have any comment? Mr Henderson: I have indeed, Eaghtyrane. 265 The President: Mr Henderson. 182 C135

11 Mr Henderson: I just want to clarify, although I have seconded the Bill for First Reading, that this to all intents and purposes seems to me to be enabling legislation, therefore allowing us more flexibility and freedom to tailor legislation to Isle of Man needs and not having it imposed, if I can use that word, from the United Kingdom. If the mover could just clarify that that is what it is, and there is no other purpose or that is the general purpose of the legislation. Mr Crookall: Yes, Mr President. It is purely a change in the process, rather than any of the contents of the Bill. And for information, Mr President, due to the circumstances we find ourselves in with five new Members, I have had a chat with an officer from the Department who is more than happy, before the Second Reading, to come up and go through the Bill with all the new Members, if they would like to do that. The President: Thank you very much, and we note that kind offer. New Members may well wish the opportunity to explore the background of the information a bit more fully before the Second Reading in two weeks time. Mr Crookall: I think it is part of the process, as well, Mr President, I think it will help with just the process of taking legislation through, sir. I think it would help with that. Mr Cretney: Even older Members might benefit. (Laughter) 290 The President: No matter how long we have been in this place, we never stop learning. (Mr Crookall: Absolutely.) We should not turn down the opportunity to do so, myself included. With that then, Mr Crookall, I put the motion that the Airports and Civil Aviation (Amendment) Bill be read for a first time. Those in favour, say aye; against, no. The ayes have it. The ayes have it. 4. Data Protection Bill 2018 First Reading approved H M Attorney General to move: That the Data Protection Bill 2018 be read a first time. The President: Item 4, Data Protection Bill. I call on Her Majesty s Attorney General to move The Attorney General: Thank you, Mr President and Hon. Members. I am pleased to move the First Reading of the Data Protection Bill The Bill s introduction in another place followed a very wide public consultation in relation not only to the Bill, but also the orders and implementing regulations which it is proposed will be made under the Act which will result from it. You may already have heard, Hon. Members, of some debate on the Bill, which is in essence a short enabling Bill. The Bill s purpose is to give the Council of Ministers powers, subject to approval by Tynwald, to import EU legislation relating to data protection directly into Manx domestic law. The Bill will permit the Council of Ministers to ensure that we have legislation in place which will give us equivalence to the European General Data Protection Regulation, which I will refer to as GDPR, and to the Law Enforcement Directive, which I will refer to as LED. GDPR comes into effect in all the Member States of the European Union on 25th May, while the LED comes into effect on 6th May of this year. These provisions together will change the shape of 183 C135

12 data protection across the EU and other jurisdictions, requiring mutual accountability and transparency when dealing with personal data and heralding a cultural shift in the way organisations deal with personal data. The Isle of Man is a third country for the purposes of the EU and is not a Member State. It must take steps to enact law to give effect to GDPR and LED in its own domestic law. We need to comply with the GDPR and LED in order to ensure that the Isle of Man retains its data protection adequacy decision from the European Commission, which will in due course be reviewed by the soon to be adopted and created European Board of Data Protection. Our current adequacy decision is based upon the existing provisions in the Data Protection Act 2002, which itself gave effect in Manx law to the EU Data Protection Directive of Much analysis of other jurisdictions equivalent GDPR-related draft legislation has resulted in the production of this Bill. The Bill, as I have said, is a short piece of legislation, similar in purpose to the existing provisions of the European Communities (Isle of Man) Act The 1973 Act permits the Council of Ministers to import EU instruments into domestic law by order. These powers under the 1973 Act are already used extensively and have proved an efficient and effective mechanism for implementing various provisions of EU law, ensuring that our law meets EU standards. The powers in the proposed Bill permit the incorporation into Manx domestic law of EU instruments relating to data protection, including but not limited to the GDPR and the LED. Other EU instruments such as the Network and Information Systems Directive, and the E-Privacy Directive can and may also in the future be incorporated by this mechanism. The Bill does not list such provisions exhaustively. As I said earlier the Bill itself is an enabling mechanism to permit the introduction of EU law relating to data protection, and no more. The detail of the substantive law is not included in the Bill, but will be found in the subordinate legislation which will follow, which will be approved, or submitted to Tynwald for approval. These subordinate enactments are orders and implementing regulations, which will be made by the Council of Ministers and submitted as a package to Tynwald for approval. Upon receipt of Tynwald approval, one of the orders will have the effect of repealing the Data Protection Act 2002 in its entirety; that is, provisions will be replaced and renewed by the GDPR and the LED. Turning to the content of the Bill, Hon. Members should please note that the majority of the seven clauses contain standard provisions for short title, commencement, and amendments, and as such, Hon. Members, I would encourage you at this First Reading stage to consider the substantive provisions in the Bill, which are in essence set out: firstly, at clause 4 which gives the Council of Ministers power to apply by order, and with any exceptions, adaptations and modifications the Council may specify, any existing or future EU instrument relating to data protection; and secondly, at clause 5, the power to introduce implementing regulations, as distinct from the EU General Data Protection Regulation which will implement that law in the Isle of Man. Such implementing regulations will deal with how the applied law and its principles and powers will be dealt with in practice on the Island. As I have mentioned, the whole suite of legislation the Bill and the proposed secondary legislation has already been subject to extensive consultation, with positive action taken by the Cabinet Office to encourage industry responses, and follows collaboration with the Information Commissioner who, as our well established and experienced regulator, has ultimate responsibility for enforcing our data protection legislation. The consultation which, as I say, included the Bill prompted some comment across industry, since the approach the Island is taking to introduce this legislation is different to other jurisdictions by our using the Bill as an enabling power only. It must be understood that the Isle of Man has a very different starting point for its legislation, and the actual content of the Bill has yielded very few comments as it is merely an enabling power upon which we will rely to implement EU data protection instruments in the Isle of Man. In the development of the approach proposed, the Government has listened to consultation responses, which are understandably most concerned about the content of the proposed 184 C135

13 substantive law in the implementing regulations to be introduced by secondary legislation. The very reason for using secondary legislation for the substantive rules is that, by its nature, such secondary legislation can remain agile and responsive to industry and future economic needs in the Isle of Man. The implementation regulations will give effect to the EU regulations, and they are already subject to significant redrafting resulting directly from the consultation and other feedback received. The Information Commissioner joins with me in the support for this approach as a robust and bespoke solution for the Isle of Man, which will withstand withdrawal of the UK from Europe in a way which using the 1973 Act powers would not, and which enables the Island to enshrine the fundamental principles of GDPR and LED into our law directly. This in turn will ensure the prominence of the data protection law in our domestic legal framework so that we can continue to do business with other jurisdictions requiring personal data transfer by retaining our adequacy decision, and comply with the international standard for data protection, whilst retaining flexibility in the implementation regulations for our future needs. Mr President and Hon. Members, the visibility and transparency of the approach adopted by the Cabinet Office to this legislative mechanism, and the publication of the whole suite of legislation, including the proposed secondary legislation framework in advance, is largely unprecedented in the Isle of Man, but corresponds with the level of very public commitment to the implementation of data protection law in the Island. It is of the utmost importance that the Isle of Man should maintain its excellent reputation as a well-regulated and responsible jurisdiction with which other jurisdictions can do business. A key pillar of this is sufficiently robust data protection laws that are fit for purpose. At present, the best way of ensuring we have such laws is to align ourselves closely to the EU standard. This best suits our current needs without precluding us from subsequently going in a different direction, with the approval of Tynwald, should our future needs so demand. As I have mentioned, Hon. Members, the Island must meet a rather challenging timetable to ensure that it retains and protects its adequacy decision when the GDPR takes effect on 25th May. To enable it to do so, and hopefully meet this timetable, I will with your approval at the time, Mr President, invite Hon. Members to consider the suspension of Standing Orders to enable the Bill s passage to be expedited. Mr President, I now beg to move the Data Protection Bill 2018 be read a first time. The President: Mrs Poole-Wilson. Mrs Poole-Wilson: Thank you, Mr President. I beg to second and reserve my remarks The President: Mr Henderson. Mr Henderson: Gura mie eu, Eaghtyrane. I just want to ask the learned Attorney General to make some general commentary when he sums up. Just for clarification purposes, again, this seems to me to be enabling legislation. It is opening the door through our legislative process for the implementation of EU standards with regard to GDPR and LED, so for this Bill s purposes it does not actually do much as far as that goes, other than open the door and then following that, the secondary legislation and so forth will flow. I would just like a little more on that. And I would like to have a little more on the point, where we already have the 1973 Act and it seems now more appropriate to do business this way. If the Attorney General could just give a little commentary on why it is more appropriate to do it this way. What are the benefits, if I can put it like that? And finally, Eaghtyrane, while we are opening the door for GDPR and LED EU standards to be implemented, could the Attorney General briefly say I do not expect him to give a great depth of information to this, but just in general terms what will the general effect of applying the EU GDPR and LED regulations be, just in round terms, and will it have a huge impact on business? I think there 185 C135

14 415 are concerns out there, and I think the other concern which the learned Attorney mentioned with regard to there was a thought out in the greater public field that we are implementing something different from other EU countries and the UK, and it would be interesting just to make sure that we clarify that for Hansard, that we are actually not; it is just the way we are approaching it. Gura mie eu, Eaghtyrane. The President: Mrs Poole-Wilson Mrs Poole-Wilson: Thank you, Mr President. I wonder if I could ask the learned Attorney when summing up I think he mentioned in his initial remarks that in response to the consultation which closed last Monday, there is redrafting work currently underway in terms of the detailed secondary legislation I wonder if he has any indication at this stage of when that redrafted legislation may be available for scrutiny by Members of Tynwald, as it is substantial legislation that probably merits very detailed scrutiny before coming towards Tynwald. So if he has any update on that process, that would be helpful. Thank you. The President: Learned Attorney to reply. The Attorney General: Thank you, Mr President. Firstly, I thank Mr Henderson for his very helpful questions which I am pleased to do my best to address today. Just to re-emphasise the point which I have made that this is, as has been pointed out, essentially enabling legislation, nothing else and nothing more. Its purpose, as I have said, is to enable us to be quick footed if necessary, by secondary legislation, to keep pace with the changes which inevitably are going to happen during the process of firstly the UK exiting the EU and secondly with reference to the changes in data protection legislation which I am sure will follow as a consequence. The issue of the 1973 Act and if I could just summarise Mr Henderson s question, if I understood correctly why we are not using that Act is a very interesting one. I certainly took the view personally that there were sufficient powers under that Act to enable us to introduce the required GDPR regulations and LED without the necessity of a separate Bill, but the consultation with industry, and in particular with the Information Commissioner, was such that it was felt that the Island ought to have its own data protection primary legislation, upon which the regulations and the guidelines will hang, rather than have it sit alongside what is a vast suite of EU legislation which falls under the 1973 Act. So that is why we are here with reference to that, and I think it is an appropriate approach to dealing with this. The introduction of GDPR, and the LED but in particular GDPR, is going to have there are no two ways about it quite a significant effect on business and already with the help of a special working group established by the Cabinet Office, there have been training sessions offered to both industry and also within the various Department of Government, because it will result in many changes to processes and that training is key. I can speak personally from the point of view of Chambers: we are having to adopt many new procedures to comply. It is going to be painful. There are associated costs, but if we are going to maintain our status under the existing legislation in Europe, with reference to data protection and as it will change, these are costs and it is going to be hard work that we are going to have to carry out to enable us to comply. It is unfortunately just a fact of life which we cannot escape. We are not, to give the assurance to Hon. Members, implementing anything different from the UK. The changes that are being made, and I made this comment before, are essentially to Manxify what is a very detailed set of new regulations and to ensure that they are fit for purpose here, but the underlying purpose, intent and structures new structures that are going to be introduced under those regulations are no different to those that will apply throughout the rest of Europe. 186 C135

15 If I could then turn to Mrs Poole-Wilson s question, Mr President, the drafting or redrafting of legislation, which is essentially to respond to the consultation and to ensure that it is fit for purpose here, is almost completed. Certainly I am looking across the room to my drafter who is dealing with this I cannot give a date as yet, but perhaps when we come back again I can give you some further information on that. Thank you, Mr President. The President: Hon. Members, I put the question that the Data Protection Bill be read for the first time. Those in favour, please say aye; against, no. The ayes have it. The ayes have it. Hon. Members, that concludes this particular sitting. The Council will now stand adjourned until in Tynwald Court, on Tuesday, 20th March. Thank you, Hon. Members. The Council adjourned at a.m. 187 C135