Isle of Man residents are being invited to give their opinion on changing the divorce process on the Isle of Man.
The public consultation launched today on https://consult.gov.im/ seeks views on moving to a modern process that would enable a couple to apply jointly for a divorce or dissolution of civil partnership without having to state the reason why.
Significantly a couple could finalise their divorce in 26 weeks if the proposed legislation is approved. At present if both couples agree to divorce they must wait two years; where one party does not agree to divorce the separation period is five years. A divorce can be achieved more quickly where ‘fault’ is agreed – where one partner takes the blame for adultery or unreasonable behaviour.
Garff MHK Daphne Caine was given leave to introduce a Private Member’s Bill in October 2018 that sought ‘to amend the grounds for divorce, dissolution of civil partnerships and judicial separation; and for connected purposes’.
Mrs Caine said: ‘Divorce is acknowledged as one of the most stressful life events a person can experience, second only to the death of a loved one.
‘However, once couples have decided to divorce or dissolve their civil partnership, the process can be a lengthy one and have a long term negative impact on the couple and on children in particular. The purpose of bringing forward this Bill is to make divorcing a more honest, simpler and less stressful process.’
The public consultation reveals the island’s recent divorce statistics:
These show that in the past three years ‘fault’ based divorces – where the cause was given as adultery, desertion or unreasonable behaviour – have been around 56 to 61% – similar to England’s average of 60%.
However, in Scotland where no fault divorces are available, the figure is closer to six per cent for fault based divorces.
Family law advocate Hazel Smith commented: ‘Ethical family lawyers sign up to a code of practice which requires us to seek to minimise conflict during the divorce process. However the process itself, which in around 60% of cases means that one party blames the other for the breakdown, fans the flames of conflict. The study of 2017* reports that 62% of petitioners and 78% of respondents said using fault had made the process more bitter.
‘A total of 21% of respondents in a fault based divorce said that fault had made it harder to sort out arrangements for the children and 31% said it made it harder to come to a solution on finances. This flies in the face of modern, problem-solving family justice. The current law is over 50 years old. It has been criticised for decades in many reports and in Law Commission reviews. This new legislation is a real opportunity to minimise the consequences of relationship breakdown for all – adults, children, the court system, Treasury and society as a whole.’
The consultation remains open until 2 January 2020 at: https://consult.gov.im/private-members/no-fault-divorce-legislation/
*The Nuffield Foundation report referred to above, published October 2017 can be found here:
https://www.nuffieldfoundation.org/news/divorce-law-england-and-wales-increases-conflict-and-suffering-separating-couples-and-their-chi
Full report: https://www.nuffieldfoundation.org/sites/default/files/files/Finding_Fault_full_report_v_FINAL.pdf
Paper copies of the consultation are available on request and from the Welcome Centre in the Sea Terminal, Douglas.
Do you think residents of the Isle of Man should have the right to vote for the head of our government? Or are you content that in a parliamentary democracy it is accepted that elected Members of the House of Keys nominate and elect the Chief Minister from the lower chamber? This was changed in 2018 to ensure that in future only MHKs vote for the Chief Minister, not also Members of the Legislative Council as in previous years including 2016 when Hon. Howard Quayle MHK was elected Chief Minister.
It is something that I have mulled over following participation in a year long course on Parliamentary Governance at McGill University School of Continuing Studies in Canada. I may pursue this with a debate in Tynwald in the future.
In the meantime I am grateful to Professor Peter Edge of Oxford Brookes University who with academic colleagues, Professor Jennifer Corrin (The University of Queensland Law School) and Professor Claire de Than (Jersey Law Commission), produced a paper explaining the system of electing the head of government in the Pacific state of Kiribati and suggesting the potential for a similar system on the Isle of Man – that would enable a Chief Minister in the future to be elected by public vote.
It is best explained in the Executive Summary:
This report examines the unique arrangements for the appointment and removal of the President of the Pacific state of Kiribati, in the context of political, historical and social factors. It outlines the potential for similar mechanisms to be introduced in the Isle of Man, while remaining aware of the significance of the constitutional, geographical and cultural differences between the two jurisdictions. The report concludes that the dual effect of a vote of no confidence in Kiribati’s model, which triggers not only a new Presidential election but also a fresh general election for the legislature, provides a measure of balance between competing democratic mandates. However it is not the only option, and refinements could be made. Requiring a special majority for a vote of no confidence in the President without triggering a general election may also be considered. Attention should also be paid to identifying the desirable number of presidential candidates, and to how they are to be nominated.
I would welcome your thoughts on the idea. The system is fully explained in the Kiribati Report which you can view here.
Contact details:
Email daphne.caine@gov.im
Facebook @CaineforGarff
Twitter @daffydowndilly
On 1 October 2019 more than 100mm of rain fell on the Laxey Valley. I have spoken with several residents whose property has been flooded; also contacted by many seeking to pass on concerns or information to prevent future flooding. The Chief Minister has announced an independent review will take place. As soon as details of that review are made public I will add them here and send through information I have received.
The announcement about an independent review came during lengthy questioning in Tynwald. You can see the full statement and Tynwald questions here:
https://www.gov.im/about-the-government/departments/the-treasury/laxey-flooding/
Advice for flood victims
The Association of British Insurers has advice on recovering from major floods, including what households and businesses can expect from their insurers and what other actions they should consider taking.
Please see the links below to their online advice for people who have been flooded:
https://www.abi.org.uk/products-and-issues/topics-and-issues/flooding/recovering-from-a-flood/
Hard copies of the advice are available in the Tynwald Library, Finch Road, Douglas.
The final Garff political surgery of 2019 is scheduled for Monday 4 November at the Archibald Knox meeting room, Avondale Road, Onchan.
All constituents are welcome to attend between 5pm and 6pm.
Any constituency issues can be raised at the surgery with me or Martyn Perkins MHK.
Contact us direct to arrange a private appointment:
Office Tel: 651519 / 651518
Email: daphne.caine@gov.im
My reflections on the past year in Tynwald.
Daphne Caine reflects on her experience so far as MHK for Garff and her priorities for the coming months in this midterm interview from 3FM.
Original source: https://www.three.fm/the-midterms/garff/
I care passionately about children on the Isle of Man. However, I am no longer the Chief Minister’s Children’s Champion. I felt compelled to resign following a revision of the terms of reference circulated to me for comment at the end of March 2018. This narrowed the focus of the role to looked after and vulnerable children only.
While I appreciate young people in care need a particular focus and support, I have been inspired by the young people I have met, many of whom have contributed to the Corporate Parenting Group that I have had the honour of chairing. However, the majority of people who contacted me in my 18 months as Children’s Champion would fall outside the new job remit. I therefore, reluctantly, have stood down from the position in order to pursue the many issues that have been brought to my attention.
A copy of the detailed email explaining my reasons for stepping down can be found here along with the Chief Minister’s reply.
Certain issues raised with me that fall outside the revised job role, which I intend to pursue, include:
- Mental health provision for children and young people
- Healthcare provision generally for children
- Supporting policies to reduce childhood obesity and to improve oral health
- Introducing legislation to enable no fault divorce
- Pressing DHA to introduce legislation to enable pre-recorded testimony by vulnerable witnesses
- Provision of a contact centre for private law matters before the Family Court
- Holiday hunger – seeking action over increased use of the Foodbank by families during summer holidays
- Provision of special education needs
- Roll-out of allergy policy in schools
- Adequacy of play and leisure facilities for children and young people around the Isle of Man
- Promoting discussion over future Education department policies in respect of religious education; school resources; home schooling; catchment areas; benchmarking attainment and quality assessments.
I am grateful to the Chief Minister for his kind comments in his reply to my resignation. However, it is apparent that we disagree fundamentally in the approach we feel is appropriate to best champion the needs and rights of children and young people on the Isle of Man at this time.
Checklist for 2021
- Local authority reform
- Rates reform
- Means testing for local authority housing
- Flood management strategy
- Review of preschool funding
- Review of student funding
- Introduction of an enforceable Manx provenance label
- Development of an agri-renewable strategy
- Encouragement of energy saving technology for new builds
- Development of multi-agency working for health and police
- Development of a road safety strategy
- Adoption of TUPE regulations to protect employment rights
One individual cannot hope to address all the issues facing the Isle of Man and I trust that the influx of new Members will bring fresh ideas, consensus and positivity to secure the Island’s future.
If elected I pledge to work for a positive future for all the residents of Garff and the Isle of Man adhering to the principles of fairness, openness and security outlined above for the benefit of the whole community.
I welcome your comments and input. Please contact me if there is anything you wish to clarify or points you want to raise.
Security
Securing the Isle of Man’s future requires the next administration to tackle the public sector pension liability and the future trade agreement with the UK and Europe. Growing the economy is the most palatable way of meeting the estimated £63million annual shortfall in the pension fund from 2021 and that will require some innovative strategies from government also to support existing business. Light regulation is needed to assist them to expand and thrive. Tourism in particular is a good sector for potential growth. I would also like the Island to reinvigorate the film industry that benefited us on several levels through the nineties and early noughties. Government needs to listen to business more in terms of how it can encourage and support growth.
Pensions black hole
The bottom line with public sector pensions is that a huge debt has already been incurred and there don’t seem to be any sensible alternatives to paying it off long-term through tax revenues. If revenues don’t grow overall the pension bill could actually eat into funding for existing services.
The proposed pension reforms if implemented by the next administration will mean that, in the longer term, pensions will become more sustainable although there would still be a shortfall that will need to be met from government revenues. Other reforms may also be needed. By 2021 the predicted £63 million shortfall will have to be met by growth in the economy and contributions otherwise funding might have to be diverted from other services to meet this liability.
While the proposed reforms will require additional contributions, in implementing any further reforms we have to be careful they do not drive people out of the pension scheme or harm recruitment. Trying to cut pensions already in payment, or to tax them, like the Irish did when they were in serious crisis, would lead to massive legal challenges.
Thanks to the reserve fund set up in the 1990s the pension shortfall has been managed to date, and the zero-10 tax regime has helped the Island enjoy 26 years of unbroken growth. We need more creative thinking in the next government to replicate the success of the past two decades with sound fiscal management matched with innovation and imagination.
The Isle of Man and the Three Brexiteers
The United Kingdom voting to leave the European Union was a significant event for the Isle of Man.
The Island will have to seek a replacement for its Protocol 3 relationship with the EU, which allows free trade in manufactured goods and agricultural products. Protocol 3, as an attachment to the UK Treaty of Accession, is dependent on the UK’s membership of the EU and will come to an end when it finally leaves.
There will be no immediate change, however, as the UK’s withdrawal and the negotiation of new relationships with the EU, including the successor to Protocol 3, is expected to take at least two years.
Much will depend on what new economic arrangement the UK can negotiate with the EU, and how the Isle of Man as a Crown Dependency can fit into that framework. We will have to stay very close to the negotiations to ensure that the Island’s needs are known and protected.
With change comes opportunity, and Brexit may well open up new opportunities for the Island and the UK in the longer term. In the meantime uncertainty is bad for business and we must get a degree of clarity. That means opening and maintaining channels of communication with the three Ministers charged with negotiating the future trade agreements for Britain: Boris Johnson, David Davis and Liam Fox. The Island must also continue to join forces with the Channel Islands and the British-Irish Council to ensure that we are part of the conversation.
My suggestion is the next Chief Minister should appoint a Minister responsible for international affairs (perhaps in place of the current Minister for Change and Reform). Either the Chief Minister or the new appointee should lead the Island’s envoys to engage with the UK Ministers charged with negotiating the future trade agreements. The IoM Government will need to determine what it wants out of the process, and we need to utilise the experience we already have, both in government and the wider business community, to lobby and influence the final outcome for the benefit of the Isle of Man.
Growth
To achieve economic growth requires supporting and expanding existing business and a steady increase in the population to provide workers. Government’s Enterprise Development Scheme, the £50 million fund to promote economic growth, has a target of 500-1000 working people moving here each year for the next 10 years while the Chamber of Commerce wants to see double that rate. I believe a steady growth in immigration must be actively sought; ideally the Isle of Man should be attractive enough for our graduates to want to return home, with a wider range of job opportunities. The opening of the International Centre for Technology at the Nunnery will be a positive step towards training the workers needed to fill current IT vacancies. The next administration needs also to address the work permit system, and consider exempting more roles in areas where there is a chronic shortage of key workers – plus automatic granting of work permits for their partners. Should we also actively seek to develop green energy, clean tech industries? I believe so. The Island needs to be adaptable, remain attractive to inward investment and would benefit from existing business leaders becoming ambassadors for growth.
The debate over our future has well and truly commenced during this election campaign and needs to be fully explored by the next administration at the start of its five year term. If Theresa May can hold a brainstorming session for post-Brexit strategies, so too should the Isle of Man on that and the other major issues facing us today. If the next House of Keys can agree an overall strategy and targets we can begin to plot the route map to achieve them.
The new government will have to quickly determine its targets, not only its economic strategy and rate of population growth but also its aims for the future position of the Isle of Man in terms of its outward image, future trading requirements and business incentives.
To download a full copy of my manifesto, click here.
Garff, Abbeylands, Groudle and Howstrake
There is understandable anger among Onchan residents who suddenly find themselves lumped in with Garff.
Let me come clean – I was amongst those who made a submission to the Boundary Review Committee that the previous constituencies of one, two or three Members was patently unfair and I was pleased when the proposal for 12 two-seat constituencies was approved.
However, the new East constituency was renamed Garff without acknowledging the fact that a good chunk of Onchan was to be included with the old sheading comprising Lonan, Laxey and Maughold. There is confusion as well as anger about this but it is a simple bit of housekeeping to amend the name in the future. I urge you not to protest by spoiling your ballot paper as several people have threatened. I ask you please to give one of your two votes to me, and I will table a motion to change the name to one more reflective of the new constituency.
Local authority and rates reform
Anger for arbitrarily moving part of Onchan into Garff is matched by discontent over a perceived imbalance in local authority rates.
Local authority reform has been too long discussed with no action. The high number of boards around the Island incurs significant cost for no benefit. The Garff Initiative should set an example that other local authorities can follow to join together for the benefit of their communities and reduce costs.
Alongside local authority reform should come an all-Island rate that is fair to all coupled with devolved powers from central government with appropriate funding to enable commissioners to look after their own communities. In the longer term I would like to see local authorities have responsibility for roads, hedges, drainage, glens, footpaths and parks – in fact all their local area. Currently the poor state of Laxey Glen and the delay in replacing the bridges in the Dhoon Glen are a cause for annoyance; signage is also lacking in many areas, and these matters could be better resolved by an empowered local authority.
Electoral reform
MHKs electing Members of the Legislative Council is not democratic but I would not like to see MLCs elected as a third representative of each constituency.
I would like to see more top lawyers, bankers, entrepreneurs being appointed to LegCo, acting as the revising / scrutiny body they are supposed to be, some still being employed full time but taking on one day per week duties in the Council. In my opinion, MLCs should not be members of departments but could sit in Tynwald to enhance debates with their views on agenda items brought by the government.
Stealth taxes
Greater fairness over the water rate is also on my priority list. Why is there resistance to allowing single-person households to install a water meter, if they wish to do so, at reasonable cost and to receive reduced bills for lower water usage? That needs attention along with the end of stealth taxes.
For instance, the toilet tax of £150 now only applies as a separate charge to septic tank emptying. For 2016 it has been absorbed into the general sewerage rate of £0.92 in the £. The effect is the same for households connected to the mains, but now there is no separate charge, so it really is the very definition of a stealth tax with no consideration as to the ability of residents to pay.
Another stealth tax is arguably the steep hike in probate fees approved by Tynwald in July 2013, which amounted to an indirect tax, according to the IoM Law Society president. The cost for having a will officially approved is now calculated on the value of the estate and doesn’t reflect the work involved nor, again, the ability of people to pay. Many fees, such as road taxes, seem to have increased above the rate of inflation with little justification except the need to raise revenue.
Housing
Provision of local authority housing and schemes to enable first time buyers to get on the property ladder also need reviewing. I would be in favour of means testing so that those who can afford to pay more local authority rent do so. Generally I am in favour of a more targeted benefit system to support those in need, the vulnerable, the sick and also those attempting to escape poverty by working in low paid jobs.
Attention is also needed to determine whether more local authority housing is needed for people in some areas. For instance, building single person units in Maughold would perhaps accommodate the elderly wishing to downsize and enable family housing to be freed up for people who cannot afford to buy.
Uplands
Another area of concern is the destruction of our uplands and footpaths by off-road bikes. This is one niche tourism that costs more than it brings in – on both an environmental and a practical level. Local authorities should have the right to close tracks to motorcycles in the event they are damaged or at risk of damage, for instance during wet conditions. It cannot be right that the brief pleasure of a few can result in years of destruction for the whole community.
A bridge of sighs
The replacement bridge in old Laxey cannot open soon enough to reunite the village and enable affected businesses to heave a collective sigh of relief. There is little point in criticising the design when it is almost complete. What is emerging from speaking to people on the doorstep is anger at perceived government waste and ineffective working practices exemplified by the bridge but considered common across government. Transparency and openness in government are not just words to be bandied about. Government needs to be open with the community and communicate better about what it is doing, and also to admit when things go wrong.
Flood prevention strategy
The ‘once in a lifetime’ floods that caused the bridge collapse in December 2015 are being experienced more regularly and with climate change will likely become more frequent. The Island requires a comprehensive flood prevention strategy. Local authorities are again best placed to provide input into regional strategies. Routine dredging of rivers needs to be undertaken where this is shown to reduce flooding. Equally other strategies such as clearing flood plains and planting trees in the uplands to foster natural bogs should be included in area plans.
Linked to this is the issue of untreated sewage being pumped into the sea. The IRIS scheme failed to deliver clean bathing beaches and more should be done to develop regional sewage treatment works to end the release of raw effluent.