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, promting 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 justifies 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 disputes 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
- For other political parties see 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.
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.
[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 Judiciary 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 immigration
Anybody who has not lived on the island for five years, including British citizens, requires a Control of Employment 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. Passports issued on the Island are marked 'British Islands - Isle of Man', instead of 'United Kingdom of Great Britain and Northern Ireland', and these passports are issued to all British Citizens resident on the island.
Protocol three of the Treaty of Accession of the United Kingdom to the EU 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 British law.[1] All travel to the island is from air and sea ports in either the UK or Ireland. Schedule 4 of the Immigration Act 1971 applies a reciprocal arrangement whereby foreign nationals legitimately present in the UK or a Crown dependencies do not legally require any leave to travel to any other part of the British Islands.
The Isle of Man, together with the Channel Islands, the UK, and the Republic of Ireland form a Common Travel Area, which means there are no immigration controls imposed on those travelling inside the area. However, because the Immigration Act 1971 does not apply to the Republic of Ireland, the Isle of Man uses the Control of Entry Through the Republic of Ireland Order to automatically grant legal leave to anyone arriving on the Island from the Republic.
Section 7(1) of the Immigration Act 1988 grants the legal right to visit and reside in the Isle of Man to EU and EEA citizens. However, the requirement for a work permit before taking up employment still applies.
British Embassies issue Manx visa parallel to each of the UK visas, such as visitor, residence, and working holiday. The conditions and effects of the visas are identical, and the Chief Secretary's Office of the Isle of Man Government notes that most visitors to the Island apply for the UK visa.
The Isle of Man has no legislation related to asylum claims. Where claims are made, due to 'safe third country' rules in International Law, the claimant is returned to either the Republic of Ireland or the UK depending on their route to the Isle of Man.
In the event that it was not possible to ascertain the origin of a claimaint, the Manx Government would have to decide the claim. As there are no Manx Immigration Officers, it has been stated that a UK Immigration Service officer would handle the case on behalf of the Island, and make a recommendation to the Lieutenant Governor, who would then exercise his prerogative. The UK Immigration Service, as part of the UK's Home Office, has no legal standing on the Isle of Man, and would only act in an advisory capacity.
[edit] See also
[edit] References
- ^ Immigration Acts 1971 and 1988, the Asylum and Immigration Appeals Act 1993, applied by virtue of the Immigration (Isle of Man) Order 1991 and the Immigration (Isle of Man) Order 1997
[edit] External links
- Isle of Man Government
- Tynwald - The Parliament of the Isle of Man
- iomelections.com - 2006 General Election
