PRESS RELEASE

Report on Executive Council (ExCo) 17 th December 2024

 

A meeting of Executive Council was held on 17 th December 2024. MLAs (Members of the Legislative

Assembly) Ford, Pollard and Roberts were in attendance. Unless otherwise stated, decisions were

unanimous.

 

The following papers were considered:

 

Debt Write Off

 

This is an accounting exercise in which some old or unrecoverable debts or debts which should never

have been accrued to FIG were written off. This doesn’t prevent the Government from pursuing the

debts at a later date but does remove it from the Govts balance sheet. The total debt was

£65,467.78. Some of the debts were written off unanimously, one of the debts required a member

to step out due to a family interest and the write-off was approved by the other two. This is not a

public paper.

 

Investment in Improved Waste Management

 

This paper was postponed in order to gather more information. It is expected to come back early in

the New Year.

 

Proposed Power Station Restructuring

 

This paper sought to restructure some of the roles at the Power and Electrical Department. This is a

public paper with some figures redacted. It includes the addition of two new posts and the

restructuring of some others. It was recognised by Members of Executive Council that this is only a

part of the solution to the staffing issues, but considered an initial measure to address some

identified issues and approved.

 

Application for a Licence to Lease Land

 

This was an application for a licence to hold land under the Land (Non-residents) Ordinance. The

recommendation to refuse was upheld. This is not a public paper.

 

Application for a Licence to Purchase an Existing Property

 

The recommendation to approve the application under the Land (Non-residents) Ordinance was

upheld by a 2-1 vote. This is not a public paper.

 

Mr T Elsby: Application to Vary Restrictions on Land Use at Moody Brook

 

This is a public paper with some deletions. The recommendation to approve the application was

upheld. The applicant will also have to pay the difference between the original cost of the land (for

agricultural use) and the £20 per square metre in line with existing policy.

 

Ms M Law and Mr D Stephenson: Application to Lease Land for Café on Stanley Common

 

The recommendation to refuse the application was not upheld and instead ExCo supported the

development proposal whilst recognising it conflicted with the existing Stanley Commons Ordinance

and authorised the Attorney General to seek a legal solution that could be considered. ExCo also

noted that this approach was not setting a precedent. Instead, it was a reflection of previous work to

develop a similar facility as part of the tourism recovery post Covid19 plan, as well as a reflection of

the amount of detail included in the application. It was recognised that some recent developments

had removed the total area of the common for public enjoyment and that work would have to be

done in the future to allow for development of Stanley whilst ensuring that common space was still

available.

 

Review of the 2021 Immigration Amendments, Plus Further Proposed Minor Amendments, and

Changes to Maximum Penalties for Immigration Offences

 

The paper proposed reviewing and amending the 2021 immigration laws, introducing minor policy

adjustments, and increasing maximum penalties for immigration offenses to align with international

standards. The recommendations aimed to streamline processes, improve alignment between policy

and legislation, and strengthen the Falkland Islands' immigration framework. The amendments were

approved, and legislative drafting will follow to implement these changes. This is a public paper.

 

Embarkation Tax – Review and Legislative Amendments

 

ExCo agreed to continue with the current system of collecting embarkation tax. To keep to the

current system of increasing in line with other Government fees and charges (in Budget Select

Committee), to separate the collection of this tax from cost recovery policy and not to agree an

exemption for certain charter flights. This is a public paper.

 

Establishment of a Maritime Committee

 

ExCo agreed to establish the Committee. The draft terms of reference were approved, it was noted

however that they were pretty minimalist. ExCo decided to give the Committee a chance to allow

the Committee time to establish its operations, before coming back after a year with

recommendations to amend the terms of reference. It was also agreed that the Maritime Authority

should make arrangements to establish the Committee and arrange an inaugural meeting as soon as

practicable. This is a public paper.

 

Draft Mental Capacity and Deprivation of Liberty Policy

 

This paper was approved and aims to provide a comprehensive framework to protect and empower

individuals who lack the mental capacity to make decisions, ensuring that any interventions,

including deprivation of liberty, are lawful, proportionate, and in their best interest. It establishes

guidelines for care, treatment, and legal safeguards based on human rights principles, aligning with

the Falkland Islands' Constitution and international standards. This policy underpins the

development of new legislation tailored to the Falkland Islands' unique context, with mechanisms

like the Court of Protection, Lasting Power of Attorney, and Independent Mental Capacity Advocates

to support ethical and effective decision-making processes. It is a public paper.

 

2024 Annual Report – Prison Monitoring Board

 

The report was noted. There were no other recommendations as a result of the report. It is a public

paper.

 

MLA Mark Pollard

December 2024