Legislative Council of the Isle of Man explained

Legislative Council
Native Name:Yn Choonceil Slattyssagh
House Type:Upper house
Body:Tynwald
Election1:20 July 2021
Members:11
Structure1:Legislative Council of the Isle of Man as of Apr 2020.svg
Structure1 Res:300px
Session Room:The Wedding Cake - geograph.org.uk - 566474.jpg
Website:www.tynwald.org.im/council

The Legislative Council (Manx: Yn Choonceil Slattyssagh) is the upper chamber of Tynwald, the legislature of the Isle of Man. The abbreviation "LegCo" is often used.[1]

It consists of eleven members (MLCs):

Historically, most or all elected MLCs were former MHKs, but this practice has now much reduced or ceased.

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 five-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 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; most of the time, it reviews draft legislation originating in the House of Keys. However, it is possible for legislation to originate in the Council: a recent example is the Equality Act 2017.[2] [3]

Method of election

The MLCs are elected by the members of the House of Keys for a term of five years. Four MLCs retire at a time, and four new MLCs are then elected. An MLC must be at least 21 years old and resident in the Isle of Man. Historically the election procedure has been cumbersome, and on some occasions in recent years the election has required many ballots, stretching over a period of weeks or even months. However the Standing Orders of the House of Keys regarding the election of MLCs were amended on 4 April 2017, and a relevant Guidance Note was issued by the Speaker of the House of Keys in June 2017. In 2018, only one ballot was required, although some felt that that was at the cost of allowing members to vote for an excessive number of candidates (one member voted for 13 candidates out of 15 and another for 11).[4] [5]

A motion was proposed in the Keys on 28 January 2020, shortly before the 2020 MLC election, which would have prevented MHKs voting for more candidates than there are places to be filled, but this was rejected.

In 2020, again only one ballot was required, and members voted for an average of about 4 candidates each. In 2023, again only one ballot was required, and members voted for an average of about 5 candidates each.

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.[6] Among his recommendations were:

However there has been little action to implement these recommendations.

1990 reform and current composition

The Lieutenant Governor was removed as Presiding Officer of Tynwald and replaced by a member of Tynwald elected by the Members of the High Court of Tynwald as President of Tynwald. (Currently only MHKs are electors.) The President of Tynwald is also a member of the Legislative Council and presides at its sittings. The members are thus:

The non-ex officio members are elected by the House of Keys for terms which end at the end of February immediately before the fifth anniversary of their election.

Current membership

NamePositionTenurePredecessor
President of Tynwald2021–2026 Steve Rodan
Bishop of Sodor and Man Since 2017 Robert Paterson
Walter WannenburghAttorney-GeneralSince 2022John Quinn
Tanya August-HansonElected members2018–2028rowspan="8"
Paul Craine2021–2028
Diane Kelsey
Peter Greenhill2020–2025
Bill Henderson
Rob Mercer
Kerry Sharpe
Dawn Kinnish2023–2028

Membership of the council since 1990

YearReason for changePreviousCandidates
14 March 2023Scheduled electionTanya August-Hanson
Paul Craine
Diane Kelsey
Marlene Maska
Tanya August-Hanson (elected)
Paul Craine (elected)
Diane Kelsey (elected)
Dawn Kinnish (elected)
Marie Birtles
Brian Brumby
Gary Clueit
Kirrie Anne Jenkins
Conor Keenan
David Prictor
Peter Reid
January 2022Death of John Quinn
23 November 2021Election of two MLCs as MHKs Jane Poole-Wilson
Kate Lord-Brennan
Paul Craine (elected)
Diane Kelsey (elected)
Bill Shimmins
Corelli Bentham
Craig Brown
MaryBeth Coll
Conor Keenan
In 2021 Steve Rodan reached the end of his term as President and was replaced by Laurence Skelly.
12 March 2020Scheduled electionDavid Cretney
Tim Crookall
Bill Henderson
Kerry Sharpe
Peter Greenhill (elected)
Bill Henderson (elected)
Robert Mercer (elected)
Kerry Sharpe (elected)
Danielle Bell
Michelle Haywood
Haafizah Hoosen
Carole Lillywhite
Zahed Miah
Scheduled election, and casual vacancy by resignation[7]
2017Casual vacancy by resignationTony Wild
2015Scheduled election
Note: As on other occasions, the 2015 elections took place over several sessions and many ballots.
These candidates did not all take part in all the ballots.
For the same reason it would not be useful to give the number of votes cast for each candidate.
2013Scheduled election
2011Casual vacancy by elevation to President of TynwaldClare Christian
2011Casual vacancy by resignationNoel Cringle
2011Appointment of Attorney General, following resignationJohn Corlett QCStephen Harding QC
2010Scheduled election
2008Scheduled election
2008Appointment of Bishop of Sodor and ManGraeme Paul KnowlesRobert Paterson
2007Casual vacancies by resignation
2005Scheduled election
2003Scheduled election, and casual vacancy by resignation
2003Appointment of Bishop of Sodor and Man, following resignationNoël JonesGraeme Knowles
2002Casual vacancy by deathNorman Radcliffe
2000Scheduled election
2000Casual vacancy by resignation of the President of TynwaldCharles Kerruish
1998Appointment of Attorney General, following promotion to First DeemsterMike Kerruish QCJohn Corlett QC
1998Scheduled election
1995Scheduled election
1994Casual vacancy by deathW K Quirk
1993Scheduled election
1990Scheduled election

Past membership

NamePositionTenureReplacing
Bishop of Sodor and Man 2008–2016 Graeme Paul Knowles
Attorney General 2011–2013 John Corlett
Alan CroweElected member1998–2002Brian Barton
Elected member2007–2015Leonard Singer
Elected member 2005–2015 Dominic Delaney
Elected member 2005–2015 Ray Kniveton
Elected member 2010–2015 George Waft
Elected member 2011–2017 Clare Christian
Elected member 2008–2013Pam Crowe
Elected member 1982–2013 George Swales
Elected member 2003–2006Alan Crowe
Arthur Christian LuftAttorney General1972–1974Lay
Elected member1988–1998Ian Anderson
Attorney General 1974–1980 Arthur Luft
Attorney General 1980–1993 Jack Corrin
Attorney General 1993–1998 William Cain
Attorney General 1998–2011 Michael Kerruish
Bishop of Sodor and Man 2003–2008 Noël Jones
Elected member 2002–2007 Norman Radcliffe
Elected member 1987–1995 Matty Ward
President of Tynwald 2000–2011 Sir Charles Kerruish
President of Tynwald 1990–2000 Ian Anderson
Ian AndersonElected member1982–1988Geoff Crellin
President of the Legislative Council1988–1990Jack Nivison
Elected member1990–1993
Jack NivisonElected member1962–1980Alfred Teare
President of the Legislative Council1980–1988
Archdeacon1912–1919
Vicar General1906–1919
Elected member 1919–1933
Elected member 1919–1924
Elected member 1919–1924 Joseph Cunningham
Elected member 1919–1924
Elected member 1919–1943
Appointee of Lieutenant Governor 1919–1920
Appointee of Lieutenant Governor 1919–1942
Sir John BoltonAppointed member1962–1970John Crellin
Elected member1971–1979
Elected member 1964–1966 Ewan Farrant
Elected member 1966–1974 G C Gale
Elected member 1975–1982
Norman Crowe OBE JPElected member 1970–1978 Cecil McFee
Captain John Crellin OBE MC JP Appointed member 1943–1962 Daniel Teare
Elected member 1982–1988 Alfred Simcocks MBE
Elected member 1970–1985
Elected member 1974–1981 Hubert Radcliffe
Elected member 1978–1985 Norman Crowe
1962–1971
Elected member 1979–1985 William E Quayle
Elected member 1958–1970 Joseph Callister
Elected member 1970–1978
Elected member 1987–1993 Dr Edgar Mann
Elected member 1985–2002 Roy MacDonald
Elected member 1980–1985 Sir John Bolton
Alfred Simcocks MBE Elected member 1974–1982 Ffinlo Corkhill
Elected member 1982–1982 Victor Kneale
Elected member 1985–1987 Alec Moore
Bishop of Sodor and Man 1983–1988 Vernon Nicholls
Bishop of Sodor and Man 1989–2003 Arthur Attwell
Bishop of Sodor and Man 1973–1983
First Deemster 1969–1974
Appointed member 1955–1970
1848–1867
The Rev. William Christian 1883–1887
1887–1893
William Anderson Receiver General 1894–1909
Receiver General 1909–1919 William Anderson
John Goldie-TaubmanAppointed member1921–1924 George Drinkwater
Edward CallisterElected member1921–1931 John Robert Kerruish
John ClucasAppointed member1924–1928John Goldie-Taubman
Frank DagleishElected member1931–1946Edward Callister
Elected member 1934–1954 Arthur Crookall
Elected member 1934–1935 Joseph Qualtrough
Elected member 1946–1958
Elected member 1954–1964
1963–1974

Historical composition

Original

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

Historically the "Comptroller" (a position sometimes held together with another office such as that of Receiver-General) and an "Archdeacon's Official" were also members.Before the Reformation the Council included other prelates, such as the Abbot of Rushen.

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:

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:

1961 reform

Increased the number of elected members from four to five.

1965 reform

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

1969 reform

The Isle of Man Constitution Act 1969 removed the two appointed members of the Legislative Council. The members were thus:[9]

1971 reform

The Isle of Man Constitution Act 1971 removed the Attorney-General's vote, and he no longer counted towards a quorum.

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:

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:

References

  1. Web site: 'Sunset Clauses' back in LegCo.
  2. Web site: Tynwald - Parliament of the Isle of Man - 2016-2021.
  3. Web site: Tynwald - Parliament of the Isle of Man - Chapter 7 - Making Legislation.
  4. Web site: Speaker denies voting system lacks principle.
  5. Web site: Chief Minister: MLC elections. YouTube.
  6. https://www.gov.im/about-the-government/departments/cabinet-office/review-of-the-functioning-of-tynwald/ Review of the Functioning of Tynwald
  7. Isle of Man . House of Keys . 12 March 2018 . 12 March 2018 House of Keys Hansard . 134 . 14 . 699–708 . pdf.
  8. Web site: Tynwald - Parliament of the Isle of Man - Legislative Council up to 1919 . 2019-11-28 . 2020-06-11 . https://web.archive.org/web/20200611100630/http://www.tynwald.org.im/education/history/1919/Pages/LegCo-upto-1919.aspx . dead .
  9. http://www.tynwald.org.im/business/hansard/19601980/LC-19690603-v0086.pdf

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