Lieutenant governor of the Isle of Man explained

Post:Lieutenant Governor
of the Isle of Man
Native Name:
Flagsize:150px
Insignia:Flag of the Lieutenant Governor of the Isle of Man.svg
Insigniasize:100px
Insigniacaption:Standard of the Lieutenant Governor
Incumbent:Sir John Lorimer
Department:Lieutenant Governor
Style:His Excellency
Reports To:Lord of Mann
Residence:Government House, Isle of Man
Nominator:Isle of Man Government
Appointer:Lord of Mann
Termlength:5 years
Formation:1773
First:Henry Hope
Deputy:First Deemster Andrew Corlett
Salary:£108,208
Website:www.gov.im

The lieutenant governor of the Isle of Man (Manx: Fo-chiannoort Vannin or lhiass-chiannoort vannin) is the Lord of Mann's official personal representative in the Isle of Man. He has the power to grant royal assent and is styled "His Excellency".

No Manx-born person has ever been appointed lieutenant governor, although Manx-born first deemsters (ex officio deputy governors) have taken on the role temporarily during an interregnum between governors, and during periods when the lieutenant governor is off-island.

The official residence of the governor is Government House, Governor's Road, Onchan.In the past, the lieutenant governor wielded considerable judicial, fiscal and executive power on the island.[1] However, the office lost his prerogatives as Head of the Judiciary in 1921,[2] as Head of Government in 1961,[3] as president of the Legislative Council in 1980 and finally as president of Tynwald in 1990.[2] Today the role of lieutenant governor is essentially ceremonial, although certain powers under Isle of Man legislation do still fall to the governor or governor-in-council (a decision on the advice, and with the approval of, the Council of Ministers).

History

It was often asked what was the proper title of the chief executive of the island, and whether there were any words in the commissions of the lieutenant governors which suspended their functions during the presence in the island of the lord of Mann or a governor of the Isle of Man.[4] Such a question was considered in 1877 by the eminent Manx advocate James Gell,[4] who referred to a search he undertook at the Rolls Office, the results of which are included in a list of 83 appointments of governors between 1595 and 1863. Not all appointments during that period are listed in this article as it was difficult to trace appointments prior to 1639; at about that time the practice began of keeping a distinct book for the enrolment of commissions. In addition, after that date certain commissions were also omitted to be enrolled. For instance, no record of the appointment of the 4th Duke of Atholl as governor in 1793 could be traced.[4]

Historically the designations "governor", "lieutenant" (that is, the king's or queen's or lord of Mann's lieutenant) and "captain" were synonymous.[4] Only one reference to deputy lieutenant is made, that of Governor Horton's appointment in 1725.[4] In some commissions expressions designating the office, such as governor; captain general and commander-in-chief; chief governor and commander-in-chief; chief governor; and governor-in-chief and captain general; may well imply the conferring of powers, civil and military, though the designation given may possibly affect the rank of the person appointed, as between himself and others holding similar or analogous appointments.[4]

If the sovereign intended not to bestow the full powers of a governor on a specific person, then the limitations had to be expressed on the face of the commission. However no record of such an amendment exists, and although any legal power exercised could not be questioned as to its legality by any subject, a governor as between himself and the Crown, would be controlled as to the exercise of his powers by his instructions and would therefore be accountable for any injudicious use of them.[4]

A lieutenant governor or deputy governor having a commission with no express limitation to their powers, could perform all the functions of a governor while his powers were in force.[4]

James Gell twice held the office of governor of the Isle of Man: first during the illness of Lord Henniker, Gell being appointed deputy and presiding at Tynwald; and second during the interregnum between Lord Henniker's death and the appointment of Lord Raglan.[1] [4]

Whilst Gell was appointed deputy governor on the first occasion, he was appointed acting governor in the second instance, an important distinction. The Dukes of Atholl were the last supreme governors of the Isle of Man, until the Isle of Man Purchase Act 1765, also known as the Act of Revestment. All governors since then had been lieutenant governors, but Gell's appointment as acting governor was on a par with the position of the Duke of Atholl, and he had the right to appoint a lieutenant governor had he so wished. So his office as acting governor carried with it greater authority than that of lieutenant governor; this fact Gell himself pointed out to the Home Office.[1]

The term "lieutenant governor" was not used before the Act of Revestment in 1765;[4] the term "deputy governor" was used instead.[4] The appointments of Peter Legh (1596), Ratcliffe Gerrard (1639), Roger Nowell (1660), William Sacheverell (1692), Thomas Huddlestone (1700) and Alexander Horne (1713) as deputy governors can therefore be seen as temporary appointments during a vacancy.[4]

Lieutenant governors and deputy governors could exercise the powers of a governor of the Isle of Man in one respect: they could appoint deputies.[4] In the cases of Charles Stanley (1702) and Bishop Isaac Barrow (1774) this prerogative was specifically granted; however over time it became common custom amongst successive lieutenant governors. This would allow governors to appoint deputies for specific periods or purposes, such as during the governor's absence on specified occasions, or during his illness when not absent; the list below illustrates this and shows the great number of appointments made by governors of deputies during their absence.[4] For instance the various appointments of Deemsters McYlrea and Taubman can be seen as examples of appointments for executing judicial functions.[4]

Before the Act of Revestment, deputies were expressly appointed to act during absence, except in one case: that of Bishop Isaac Barrow in 1664.[4] In this case, the deputy governor, Roger Nowell, acted whilst Governor Barrow was on the island, sometimes along with him and sometimes solely. This was an exceptional case; it was probably not intended that the Bishop have more to do with temporal affairs than was absolutely necessary.[4]

After revestment, the appointments of lieutenant governors Henry Hope (1773), Richard Dawson (1775 and 1777), Alexander Shaw (1790), Henry Murray (1804) and Cornelius Smelt (1805) were also expressly held during the absence of the governors.[4] The appointments of Lieutenant Governors John Ready (1832), Charles Hope (1845) and Francis Pigott Stainsby Conant (1860), say nothing as to the presence of a governor-in-chief, and these three persons were therefore appointed to be "merely" lieutenant governors. It may be the case with the appointment of Colonel Ready that it was not intended for him to take the office of governor-in-chief, and therefore no allusion was made in the commissions of the lieutenant governors to their office. However, it appears that without any words expressly suspending the functions of a lieutenant governor, they would as a matter of course be suspended.[4]

Appointment

Before 2010 the lieutenant governor was appointed by the Crown on the advice of a panel led by the government of the United Kingdom. In July 2010 the government of the Isle of Man announced[5] that the next lieutenant governor would be appointed on the advice of an entirely local panel, comprising the chief minister, the president of Tynwald and the first deemster. The new procedure was used for the first time a few months later to choose Sir Paul Haddacks's successor.

Proposed change to title

In October 2005 Tynwald sought to change the title of the lieutenant governor to Crown Commissioner.[6] This proposal was sent to the British Department of Constitutional Affairs for submission to Queen Elizabeth II, Lord of Mann, for approval. However, in April 2006, after much public disapproval, Tynwald reversed its proposal and withdrew its request for royal assent. Thus the lieutenant governor's title remained unchanged.

List of governors

Appointee name! Appointed office! By whom appointed! Remarks
Thomas Garret (or Gerrard)CaptainQueen Elizabeth IAppointment pending the dispute as to the succession to the island in the House of Stanley.
Peter LeghCaptain and governorLord Keeper and other offices of state for Queen ElizabethTo act during the absence from the island of Thomas Garret.
Ratcliffe GerrardDeputy governorLord of Mann (Lord Strange; later, 7th Earl of Derby)To act during the absence from the island by Sir Charles Gerrard, governor.
Ffoulks HunckersCaptain and governorLord of Mann; 7th Earl of DerbyIn place of Sir Charles Gerrard.
John GreenhaighIn place of Sir Ffoulks Hunckers.
John SharplesDeputy governorCommissioners of Lord Fairfax, to whom the Isle of Man had been granted during the term of the Commonwealth of EnglandTo be deputy governor as to the Civil Magistracie thereof. [This appointment confers limited powers and excluded military authority].
Roger NowellGovernor, captain-general and commander-in-chiefLord of Mann (Charles, Earl of Derby)Appointment following the restoration of the monarchy.
Richard StevensonDeputy governorCharles, Earl of DerbyTo sit during the absence of Governor Roger Nowell.
Henry NowellGovernor Roger NowellTo act during the absence of the governor.
Henry Nowell7th Earl of DerbyTo act during pleasure, in place of Thomas Stanley.
Isaac BarrowGovernorLord of Mann (Charles Stanley, 8th Earl of Derby)To hold and exercise the said Office by himself, or by Henry Nowell, his deputy or some other sufficient person who he should think fit [This was looked upon as an exceptional appointment, for the Deputy Nowell acted sometimes alone, and sometimes along with the governor - Mills Statute p. 137].
Henry NowellWilliam, Earl of Derby (by his Guardian, Duke of Ormonde)
Henry StanleyLord of Mann (William Stanley, 9th Earl of Derby)
Robert Heywood
16 Mar 1690/1Roger Kenyon
William SacheverellDeputy governorWilliam, Earl of DerbyTo take on him the whole government, during pleasure [probably governorship vacant].
Deputy Governor SacheverellThe appointment is stated on the face of it to be made by order of the Right Honourable the Lord of this Isle [This is quite remarkable. Deputies appointed by a deputy, but apparently made by special authority].
William SacheverellGovernorLord of Mann (William Stanley, 9th Earl of Derby)
Nicholas Sankey
Deputy governorGovernor Sankey To act jointly.
Thomas HuddlestoneLord of Mann (William Stanley, 9th Earl of Derby)To take upon him the whole government during pleasure. [This was probably a temporary appointment during a vacancy of governorship].
10 Mar 1700/01James Cranstoun
Charles Zedenno StanleyChief governor and commander-in-chiefLord of Mann (James Stanley, 10th Earl of Derby)To exercise office by himself, or his sufficient deputy or deputies, during pleasure.
Robert MawdesleyDeputy governorGovernor StanleyDuring pleasure.
30 Oct 1702–03
Deemster John Parr During absence of Deputy Governor Mawdesley.
To act during the absence of Deputy Governor Mawdesley, on the departure of Deputy Governor Parr, who had been called by the Lord of England on weighty business.
Robert MawdesleyLord of Mann (James Stanley, 10th Earl of Derby)Confirmation of Mawdesley's previous appointment as deputy governor by Governor Stanley. [This confirmation seems to have amounted to an appointment as governor, which he styled himself afterwards].
Deemster John ParrGovernor MawdesleyTo act during the governor's absence in England.
Deemster John ParrTo act during governor's absence from the Isle of Man.
Chief governor & deputy governorLord of Mann (James Stanley, 10th Earl of Derby)The deputy to act in the absence of the governor.
Deputy governorGovernor StanleyTo act jointly during the absence of Governor and Deputy Governor Horne.
Deputy Governor HorneTo act during the absence of Deputy Governor Horne in England. (This is an appointment of deputies by a deputy.)
To act during Deputy Governor Horne's absence from the Isle of Man. [See above.]
Capt. Alexander HorneGovernor & commander-in-chiefLord of Mann (James Stanley, 10th Earl of Derby)
Deputy governorGovernor HorneTo serve during Governor Horne's absence.
John Sanforth (Water Bailiff)
Deemster Daniel McYlreaTo act jointly with Deputy Governor Sanforth during Governor Horne's absence.
If one be sick or absent, the other two to act jointly. (This was probably a temporary appointment during vacancy in governorship.)
John LloydGovernor or lieutenantLord of Mann (James Stanley, 10th Earl of Derby)
27 Feb 1724/5Deputy governorThis was probably a temporary appointment during a vacancy in governorship.
Thomas HortonDeputy lieutenant governor
Deputy governorGovernor HortonTo act during governor's absence from the Isle of Man. If one be sick the other two to act jointly.
5 Mar 1728/9To act during governor's absence from the Isle of Man.
To act during governor's absence from the Isle of Man. If one be sick the other two to act jointly.
To act during governor's absence from Isle of Man. If one be sick or absent, other two to act jointly.
To act during absence of governor.
To act during governor's absence.
James Murray, 2nd Duke of AthollGovernor and commander-in-chiefOn the death of 10th Earl of Derby.
1736–37Deputy governorGovernor MurrayTo act during governor's absence from island.
To act during governor's absence from island. Each empowered to act during incapacity by sickness or other impediment of the other.
Patrick LindesayGovernor and commander-in-chiefLord of Mann James, 2nd Duke of Atholl
Deputy governorGovernor LindesayThe commission states that the governor, by his present indisposition, is disabled from attending the Courts on the next Circuit (that is, of the Sheading or Common Law Courts). The deputies to act during the governor's illness. (This is a case where deputies were appointed whilst the governor was on the island.)
The commission states that the governor by his present indisposition in unable to execute his post and office. The deputies to act during his illness. (Similar to the case preceding, deputies were appointed whilst governor was on the island).
Basil Cochrane Governor and commander-in-chiefLord of Mann James, 2nd Duke of Atholl
Deputy governorBasil Cochrane, governorTo act during governor's absence from the Isle of Man. Each empowered to act in case of sickness or other impediment of the other.
The governor being ex officio be jointly chancellors with respect to the causes to be heard.
To act during the governor's absence from the island. Each empowered to act in case of sickness or incapacity of others.
John WoodGovernor and commander-in-chiefLord of Mann James, 2nd Duke of Atholl
Daniel McYlrea (Receiver General)Deputy governorGovernor WoodThe commission states that the governor by his present indisposition is rendered incapable of presiding at the Sheading Courts which are to be held at Peel.
Daniel McYlrea (Receiver General)
John WoodGovernor and commander-in-chiefLady of Mann (Charlotte Murray, Duchess of Atholl with the concurrence of her husband)This is a re-appointment following the accession to the throne of King George III.
Revestment
John WoodGovernor-in-chief and captain generalKing George IIIThis is a re-appointment following the Revestment.
Henry HopeLieutenant governorTo act in the absence of Governor Wood and to perform the duties of governor *First appointment of lieutenant governor.
Richard Dawson
Edward SmithGovernor-in-chief & captain generalAppointed following the death of Governor Wood.
Richard DawsonLieutenant governor
Alexander Shaw
John Murray, 4th Duke of AthollGovernor-in-chief & captain general
Henry MurrayLieutenant governorJohn Murray, 4th Duke of AthollThe commission states: "Whereas the Honourable Alexander Shaw, last Lieutenant Governor of this Isle, hath resigned the said office of Lieutenant Governor, and no other person hath yet been appointed by His Majesty to fill the same: And whereas I find it necessary to remove forthwith from the said Isle to attend public business in Great Britain." The lieutenant governor is appointed to act during the absence of the governor-in-chief or until His Majesty's pleasure be known. [This is the only appointment of a lieutenant governor made by a [[governor of the Isle of Man]] since the Revestment].
Cornelius SmeltKing George IIIAppointment in like terms as Lieutenant Governor Dawson's appointment in 1777.
King William IVThe appointment is simply to be lieutenant governor during pleasure.
John ReadyQueen VictoriaNew appointment following the accession of Queen Victoria.
Charles Hope
Mark Hildesley Quayle, Clerk of the RollsTo act as deputy governor to exercise all functions and powers of such office until a lieutenant governor shall have been appointed.
Francis Pigott Stainsby ConantSimilar appointment as Lieutenant Governors Ready and Hope.
Mark Hildesley Quayle, Clerk of the RollsTo act as deputy governor to exercise all functions and powers of such office until a lieutenant governor shall have been appointed.
Henry LochTo act as lieutenant governor during pleasure.
Spencer Walpole
Joseph West Ridgeway
John Henniker-Major, 5th Baron Henniker
James Gell, Clerk of the RollsDeputy governorKing Edward VIITo act as such during the indisposition of Lieutenant Governor Henniker. Appointed deputy governor in the first place.
Acting governorFollowing the death of Lieutenant Governor Henniker. (Office therefore as acting governor carried with it greater authority than that of lieutenant governor.)
George Fitzroy Henry Somerset, 3rd Baron RaglanLieutenant governor
William FryKing George V
Claude Hill
Montagu Sherard Dawes Butler
William Spencer Leveson-Gower, 4th Earl GranvilleKing George VI
Geoffrey Rhodes Bromet
Ambrose Dundas Flux DundasQueen Elizabeth II
Ronald Herbert Garvey
Peter Hyla Gawne Stallard
John Warburton Paul
Nigel Cecil
Laurence New
Laurence Jones
Timothy Daunt
Ian David Macfadyen
Michael Kerruish, First DeemsterDeputy governorActing during vacancy.
Michael Kerruish
Paul HaddacksLieutenant governor
Adam Wood
Richard Gozney
John Lorimer 
King Charles III

See also

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Notes and References

  1. Ramsey Courier. Tuesday, 14.03.1905 Page: 3
  2. http://www.courts.im/courtinformation/ourbackground/constitution.xml Court Information
  3. http://www.worldstatesmen.org/Man_Isle_constitutions.pdf Isle of Man Constitution Act 1961
  4. Isle of Man Times. Saturday, September 12, 1885; Page: 19
  5. Web site: Recruitment of Lieutenant Governor becomes responsibility of Isle of Man. dead. https://web.archive.org/web/20121009055932/http://www.gov.im/lib/news/cso/recruitmentoflie.xml. 9 October 2012. 27 March 2011. Isle of Man Government website Infocentre.
  6. http://www.iomtoday.co.im/news/isle-of-man-news/governor_title_could_be_changed_1_1740886 Governor Title could be changed