Politics of the Isle of Man
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Politics of the Isle of Man takes place in a framework of a parliamentary representative democratic British Crown dependency, whereby the Chief Minister is the head of government, and of a pluriform multi-party system. Executive power is exercised by the government. Legislative power is vested in the bicameral Tynwald. The Judiciary is independent of the executive and the legislature. The Isle of Man is not part of the United Kingdom or the European Union. However, the Isle of Man is part of the British Islands, and the United Kingdom has responsibility for all external, citizenship, and defence affairs. The island has no representation at either the UK or EU parliaments. The island is governed by the Tynwald, said to be the world's oldest continuously existing parliament.
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[edit] Executive branch
The Head of State is the Lord of Mann, which is a hereditary position held by the British monarch (currently Queen Elizabeth II). The Lieutenant Governor is appointed by the Lord for a five-year term and nominally exercises executive power on behalf of the Lord. The Chief Minister is elected by Tynwald following every House of Keys General Election and serves for 5 years until the next General Election. Most powers of executive are nowadays vested in the Governor in Council, the Chief Minister, or the Council of Ministers.
When acting as Lord of Mann, the Queen can be advised by either the Council of Ministers or her ministers in the British Government.[1].
[edit] Legislative branch
The Manx legislature is the High Court of Tynwald or Ard-whaiyl Tinvaal, which consists out of two chambers. The House of Keys has 24 members, elected for a five year term in multi- and single-seat constituencies by the whole nation. The Legislative Council or Choonceil Slattyssagh has 11 members, the President of Tynwald, Lord Bishop of Sodor and Mann, Her Majesty's Attorney General and eight other members who are elected from the general population (often they are already Members of the House of Keys) by the House of Keys for a five year term.
[edit] Intervention of the United Kingdom
The UK Parliament has paramount power to legislate for the Isle of Man on all matters but it is a long-standing convention that it does not do so on domestic ('insular') matters without Tynwald's consent.[2]. The mechanism by which the Crown directly applies UK legislation is the Privy Council.
The UK legislation would first require a 'permissive extent clause' which takes the following form:
- Her Majesty may, by Order in Council, direct that any provision of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to the Isle of Man
However, the convention of obtaining consent is only moral, not legal. Tynwald requested that the Kilbrandon Commission on the Constitution (1969–73) propose that the convention be enshrined in 'strict law', but this suggestion was rejected - partly because the UK Parliament could not make such a law binding on its successors.
Occasionally, the UK Parliament acts against the wishes of Tynwald - the most recent example being the Marine etc. Broadcasting (Offences) Act 1967, which banned pirate radio stations from operating in Manx waters. Legislation to accomplish this was defeated on its second reading in Tynwald, promoting Westminister to legislate directly.
Within the British Government, the Secretary of State for Constitutional Affairs has prime responsibility as Privy Counsellor for Manx Affairs, and Manx affairs are handled by the Department for Constitutional Affairs. Before 2001 the Home Office had this responsibility.
The UK Government defends this ability to intevene in Manx affairs by pointing to the responsibility of the British Crown for the 'good government' of Man. This was the subject of a written exchange on 3rd May 2000 in the House of Lords. In response to a Written Question by Baroness Strange enquiring as to the meaning and scope of the Crown's responsibility for the good government of the Crown Dependencies, Lord Bach, for the Government, replied 'The Crown is ultimately responsible for the good government of the Crown Dependencies. This means that, in the circumstances of a grave breakdown or failure in the administration of justice or civil order, the residual prerogative power of the Crown could be used to intervene in the internal affairs of the Channel Islands and the Isle of Man. It is unhelpful to the relationship between Her Majesty's Government and the Islands to speculate about the hypothetical and highly unlikely circumstances in which such intervention might take place.'. If the UK Parliament was unable to impose legislation upon the Isle of Man it would have 'responsibility without power'.
In addition to this, the Kilbrandon Commission was firmly of the view that Parliament does have power to legislate for the Islands without their consent on any matter in order to give effect to an international agreement which the UK may have made on behalf of the Crown Dependencies. The Kilbrandon Commission went on to make the point that, if Parliament can legislate for the Isle of Man at all, about which there was no doubt, then surely this power knows no bounds - if Parliament can legislate, it can legislate in whatever area it chooses; this is, after all, implicit in the notion of the sovereignty of Parliament.[3]
The UK's secondary legislation (regulations and Statutory Instruments) cannot be extended to apply to the Isle of Man.
The Isle of Man is subject to certain European Union laws, by virtue of a being a terrority for which the UK has responsibility in international law. These laws are those for areas not covered by the Protocol 3 opt-out that the UK included for the Isle of Man in its accession treaty - the areas excluded being free movement of persons, services and capital and taxation and social policy harmonisation. The exact extent by which EU law extends to Crown Dependencies is however unclear (see Rui Alberto Pereira Roque v. Lieutenant Governor of Jersey, [1998] E.C.R. I-4607)
The Isle of Man has had several run-ins with the European Court of Human Rights because it was late to change its laws concerning birching (corporal punishment) and sodomy.
[edit] Political parties and elections
- The following election results include names of political parties. See for additional information about parties the List of political parties in the Isle of Man. An overview on elections and election results is included in Elections in the Isle of Man.
Most Manx politicians stand for election as independents rather than as representatives of political parties. Though political parties do exist, their influence is not nearly as strong as is the case in the United Kingdom. Consequently, much Manx legislation develops through consensus among the members of Tynwald, which contrasts with the much more adversarial nature of the UK parliament.
| Parties | Votes | % | Seats |
|---|---|---|---|
| Manx Labour Party | 17.3 | 2 | |
| Alliance for Progressive Government | 14.6 | 3 | |
| Independent Labour | 1.0 | - | |
| Non-partisans | . | 17 | |
| Total (turnout 57.6 %) | 24 | ||
| Source: Island of Man Online. The independentist Mec Vannin - Man Nationalist Party boycotts Isle of Man's elections. | |||
One political party, Mec Vannin, advocates the establishment of a sovereign republic. A Manx Labour Party also exists, unaffiliated to the UK Labour Party. The island formerly had a Manx National Party and a Manx Communist party. There are Manx members in the Celtic League, a political pressure group that advocates greater co-operation between and political autonomy for the Celtic nations. The main political issues include the Island's relationship with the finance sector, housing prices and shortages, and the Manx language. The vast majority of the members of the House of Keys are non-partisan (19), with two representatives from the Manx Labour Party and three from the Alliance for Progressive Government. The next scheduled election is in 2006.
[edit] Judicial branch
The lowest courts in the Isle of Man are presided over by the High Bailiff and the Deputy High Bailiff, along with lay Justices of the Peace. The High Court of Justice consists of three civil divisions and a criminal division and is presided over by a Deemster. Appeals are dealt with by the Staff of Government Division with final appeal to the Judicial Committee of the Privy Council in the United Kingdom. The head of the Judiaciary is the First Deemster and Clerk of the Rolls. The other High & Appeal Court Judges are the Second Deemster, Deputy Deemster and Judge of Appeal, all of whom are appointed by the Lieutenant Governor.
[edit] Work permits and visas
All non-Manx citizens, including UK citizens, require a work permit from the Manx government to take up employment on the island. Manx people, as British Citizens, may travel and work freely in the United Kingdom. Manx people are issued with UK passports, but with an additional endorsement that declares their nationality. Manxmen (citizens of Man) are also citizens of the European Union, however protocol three of the treaty of accession of the United Kingdom stipulates that Manx people "shall not benefit from provisions relating to the free movement of persons and services". This means that a special endorsement is placed in their passports preventing them from freely living or working in other EU states.
Travel to the Isle of Man is regulated by the local government laws. Visitors from countries who require a UK visa may also require a special Man visa, obtainable from a British Embassy. An Isle of Man visa also serves as a UK transit visa and a holder of a UK visa is usually permitted to visit Man. The island is considered part of the de facto Common Travel Area and all passenger air and sea traffic originates in either the UK or Ireland. Despite the special visa rules, there are currently no Immigration Controls exercised at the ports.
[edit] See also
[edit] External links
- Isle of Man Government
- Tynwald - The Parliament of the Isle of Man
- iomelections.com - 2006 General Election
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