Puneet Varma (Editor)

Legislative Council of the Isle of Man

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Seats
  
11

Voting system
  
Indirect election

Legislative Council of the Isle of Man

Type
  
Upper house of the Tynwald

President
  
Stephen Rodan Since 19 July 2016

The Legislative Council (Manx: Yn Choonceil Slattyssagh) is the upper chamber of Tynwald, the legislature of the Isle of Man. It is often referred to as "LegCo".

Contents

It consists of eleven Members (MLCs):

  • Eight members elected by the Keys
  • Three ex officio members:
  • The Bishop of Sodor and Man
  • The President of Tynwald (casting vote)
  • The Attorney General (non-voting)
  • The MLCs are elected by the House of Keys by secret ballot for a term of four years. Four retire every two years, so four MLCs are elected at a time. An MLC must be at least 21 years old and resident in the Isle of Man. As at 28 February 2017 legislation is under way to change the method by which the Keys elect MLCs. The relevant legislative provisions are to be repealed and replaced by an amendment (not yet specified) to the Standing Orders of the House of Keys.

    Formerly, the Lieutenant Governor presided over the Legislative Council and over Tynwald Court (a joint session of the Council and the House of Keys). Now, however, the President of Tynwald, who is chosen by the whole Tynwald for a six-year term, is the ex officio President of the Legislative Council, and presides over both the Legislative Council and Tynwald Court, except that the Lieutenant Governor presides once a year on Tynwald Day.

    Furthermore, the Church of England Bishop of Sodor and Man and the Attorney General appointed by the Lord of Mann have seats on the Legislative Council. The Bishop is a voting member, the Attorney General is a non-voting member, and the President has the casting vote.

    The Council does not usually originate legislation (the last Act originating from the Council was the Sharing of Church Buildings Act 1986). Instead, it reviews draft legislation originating from the House of Keys. However the Equality Bill currently going through Tynwald (as at March 2017) originated in the Council.

    2016 Review of the Functioning of Tynwald

    For many years there has been considerable debate about the functioning of Tynwald, and specifically about the composition, method of election, and functions of the Legislative Council. In the past, a number of reforms were made in the composition of the Legislative Council, which are set out below. In 2016 Lord Lisvane was asked to carry out a review of the functioning of Tynwald. Among his recommendations were:

  • Members of LegCo should continue not to be directly elected, but instead should be nominated by an independent Nominations Commission to the House of Keys. No sitting MHK could be nominated.
  • LegCo should not vote on taxation or appropriation.
  • Only exceptionally should MLCs be ministers.
  • The Bishop should continue as an ex officio voting member of LegCo.
  • Original

    The original function of the Legislative Council was executive (i.e. giving advice to the Lieutenant Governor) and its membership was entirely appointed, as follows:

  • Lieutenant Governor
  • First Deemster
  • Second Deemster
  • Clerk of the Rolls
  • Attorney General
  • Receiver General
  • Water Bailiff
  • Bishop of Sodor and Man
  • Archdeacon of Sodor and Man
  • Vicar General of Sodor and Man
  • The first seven were Crown appointments and the last two appointments by the Bishop. Reforms were slowly made to reduce the number of judicial and religious appointments and these members were slowly replaced by indirectly elected members.

    1917 reform

    In 1917, the Judicature (Amendment) Act introduced by the Legislative Council removed Clerk of the Rolls from the composition of the Council. It then consisted of the following members:

  • Lieutenant Governor
  • First Deemster
  • Second Deemster
  • Attorney General
  • Receiver General
  • Water Bailiff
  • Bishop of Sodor and Man
  • Archdeacon of Sodor and Man
  • Vicar General of Sodor and Man
  • 1919 reform

    In 1919, The Archdeacon; the Vicar General; and the Receiver General were removed as ex officio members of the Council by the Isle of Man Constitution Amendment Act 1919. The members were thus:

  • Lieutenant Governor
  • First Deemster
  • Second Deemster
  • Attorney General
  • Bishop of Sodor and Man
  • Two members appointed by the Lieutenant Governor
  • Four members elected by the House of Keys
  • 1961 reform

    Replaced an appointed member by an elected member.

    1965 reform

    The Second Deemster lost his seat in the Council. The members were thus:

  • Lieutenant Governor
  • First Deemster
  • Attorney General
  • Bishop of Sodor and Man
  • Two members appointed by the Lieutenant Governor
  • Seven members elected by the House of Keys
  • 1969 reform

    The Isle of Man Constitution Act 1969 removed the two appointed members of the LegCo. The members were thus:

  • Lieutenant Governor
  • First Deemster
  • Attorney General
  • Bishop of Sodor and Man
  • Seven members elected by the House of Keys
  • 1975 reform

    The First Deemster lost his seat in the Council, by virtue of the Isle of Man Constitution (Amendment) Act 1975. The members were thus:

  • Lieutenant Governor
  • Attorney General
  • Bishop of Sodor and Man
  • Eight members elected by the House of Keys
  • 1980 reform

    The Lieutenant Governor was removed as Presiding Officer and replaced by an indirectly elected President of the Legislative Council. The Governor still presided at joint sittings of Tynwald. The members were thus:

  • President of the Legislative Council
  • Attorney General
  • Bishop of Sodor and Man
  • Seven members elected by the House of Keys
  • 1990 reform and current composition

    The Lieutenant Governor is removed as Presiding Officer of Tynwald and replaced by a member of Tynwald elected by the Members of the court (i.e., the High Court of Tynwald) as President of Tynwald. The President of Tynwald is also a member of the Legislative Council and presides at its sittings. The members are thus:

  • President of Tynwald
  • Attorney General
  • Bishop of Sodor and Man
  • Eight members elected by the House of Keys
  • The non ex officio members are elected by the House of Keys for terms which end at the end of February following the fourth anniversary of their election.

    References

    Legislative Council of the Isle of Man Wikipedia