REPORT OF THE SELECT COMMITTEE ON THE REDUCTION OF STANDING COMMITTEES OF TYNWALD
t i I. •
REPORT OF THE SELECT COMMITTEE ON THE REDUCTION OF STANDING COMMITTEES OF TYNWALD
To the Honourable Noel Q Cringle, President of Tynwald, and the Honourable Members of the Council and Keys in Tynwald assembled
PART 1
INTRODUCTION
1. Background
At the sitting of Tynwald Court on 21st May 2002 it was resolved that a Select Committee of five members be established to -
"investigate and report by no later than July 2003 on the feasibility of reducing the number of Standing Committees of Tynwald along with any recommendations as to the responsibilities and membership and any proposals for change."
2. Mr Karran, Mr Lowey, Mr Quayle, Mr Quine and Mr Speaker were elected. At 4, the first meeting Mr Speaker was unanimously elected as Chairman.
3. The Committee has held four meetings.
C/RSC/02/plb PART 2
STRATEGY
2.1 The Committees of Tynwald that would be examined were determined as:
Committee on Constitutional Matters;
Committee on the Declaration of Members' Interests,
Ecclesiastical Committee;
Committee on Economic Initiatives;
Joint Committee on the Emoluments of Certain Public Servants;
Committee on Expenditure and Public Accounts;
Tynwald Ceremony Arrangements Committee;
Tynwald Honours Committee;
Tynwald Management Committee;
Tynwald Members' Pension Scheme Management Committee; and
Tynwald Standing Orders Committee of Tynwald.
A brief summary of the membership and terms of reference of each standing committee is attached as Appendix 1.
2 C/RSC/02/plb 2.2 In order to facilitate its investigation your Committee also decided that -
(a) Comparative information on committee structures in adjacent parliaments should be obtained. These would be the UK Parliament, Scottish Parliament, Northern Ireland Assembly, the Welsh Assembly, the States of Jersey and Guernsey and the Dail.
Studying this comparative information indicated that other jurisdictions had several differing systems with regard to standing committees.
The Channel Islands currently operate government through committees and therefore any direct comparison with them is not meaningful.
In the United Kingdom the term "standing committee" is used for a variety of different sorts of committees, including committees considering the clauses stages of Bills, for regional committees, committees on Europe and on delegated legislation. It also has a wide variety of parliamentary committees generally for the scrutiny of government.
The Scottish Parliament has a wide range of committees both for scrutiny of government and for "in house" issues, but generally does not appear to use the term "standing committee".
The Welsh Assembly also has a wide range of committees both for the scrutiny of government and "in house" issues and it too generally does not use the term standing committee.
The Dail uses the term "standing committee" for a small number of committees that deal with "in house" parliamentary matters, and it also operates a system of select committees which generally scrutinise government.
The Northern Ireland Assembly also uses the term "standing committee" to refer to six committees which deal largely with "in house" matters. It also has a comprehensive system of departmental committees to scrutinise the work of government departments.
3 C/RSC/02/plb From this comparative information it is clear that no other parliament or parliamentary assembly within the British Isles has exactly the same committee structure as Tynwald and therefore direct comparison is not possible.
A copy of the comparative information is attached to the Report as Appendix 2.
(b) The Hansard debates establishing the various Committees should be obtained.
Dated references to Hansard debates establishing the committees are attached to the Report as Appendix 3 and a copy of the relevant Hansards is available in the Members' Room.
(c) All Members of Tynwald should be invited to express their views, in writing. To facilitate this, a letter was circulated to all Members informing them which Committees were under review, and showing the remit and composition of each.
Two replies were received, from Mr W Henderson MHK and Hon S Rodan MHK.
A copy of the letter and the replies received are attached to the Report as Appendix 4.
2.3 Once all the information had been obtained your Committee then looked at each of the committees in turn examining -
(a) the need for the committee;
(b) the remit of the committee; and
(c) its composition and the possibility of amalgamation with any other committee.
4 C/RSC/02/pib PART 3
DELIBERATION
3.1 Committee on Constitutional Matters -
3.1.1 Your Committee has concluded that there is a need for this committee to continue in its current form. The work of this committee focuses on examining matters of constitutional importance particularly in areas where there has been no action by the Government or where the Government appears to have delayed in taking action. Your Committee feels that the opportunity to highlight such issues and bring additional pressure on the Government to consider taking action is a valuable one. In addition the committee, through its deliberations, can offer constructive proposals for constitutional improvement.
3.1.2 Your Committee considers that the remit of the Constitutional Matters Committee is satisfactory and does not need any amendment.
3.1.3 Your Committee believes that the work of this committee is sufficiently valuable to warrant its continued separate existence. There may be an argument that it could be merged with the Economic Initiatives Committee to form a "super' committee which could have overview of both constitutional and economic matters. Since stable government is an essential requirement for a prosperous economy, this may be so. However, your Committee feels that while there is a link between the work of the two committees, their tasks are sufficiently important and distinct to warrant continued separate existence.
3.1.4 Your Committee does, however, recommend that the committee be required to lay an annual report before the October sitting of Tynwald Court.
5 C/RSC/02/plb
3.2 Declaration of Members' Interests Committee -
3.2.1 Your Committee has concluded that there is a need for a committee to oversee the issue of Members' interests. Your Committee is quite happy with the present remit and composition of the Committee. However it does recommend that the Tynwald Standing Orders Committee should consider the matter of making registration of Members' interests compulsory, rather than voluntary as it is at present.
3.2.2 However your Committee also believes that the issue of Members' interests is part of a wider one, namely that concerning the general standards of conduct and behaviour of Members. If it were to be decided that a new Standards Committee of Tynwald be established (and your Committee favours this with a Standards Committee making an annual report to Tynwald in October, although such a recommendation is beyond its remit) then your Committee would recommend that the functions of the Members' Interests Committee should be subsumed into the new Standards Committee. This would ensure that the Standards Committee had control over the procedure for registering Members' interests, but also it would ensure that the number of committees did not rise.
3.3 Ecclesiastical Committee -
3.3.1 The Ecclesiastical Committee is constituted by an Act of Tynwald and any change to its remit would require primary legislation, but its manner of composition is a matter for Tynwald.
3.3.2 A decision about the future of this committee, or indeed any changes to its terms of reference, could raise issues of constitutional importance to do with the establishment of the Church of England, the position of the Bishop in Tynwald and the legal rights of parishioners. In view of this, your Committee recommends that the future and remit of the Ecclesiastical Committee should be the subject of discussion between that committee, the Government and the Bishop and that the Government should report the outcome to Tynwald.
6 C/RSC/02/plb
3.3.3 In the meantime your Committee believes that the number of Members serving on this committee could be reduced. Currently there are seven Members on the committee which your Committee believes is excessive. This should be reduced to three Members.
3.4 Economic Initiatives Committee -
3.4.1 Your Committee feels that the need for this committee continues to exist. It is vital for the Isle of Man that there is a stable economy and this committee may help to ensure that.
3.4.2 It is felt that the remit and composition of the committee are appropriate and that there are no good reasons for it being merged with another committee. With regard to a possible merger with the Constitutional Matters Committee, see paragraph 3.1.3 above.
3.5 Joint Committee on the Emoluments of Certain Public Servants -
3.5.1 Your Committee believes that there is a need for a body to exist to determine the pay of Members of Tynwald and certain senior public servants. The determination of salary levels for those covered by the remit of this committee is crucial if the best candidates are to be attracted to these posts. However your Committee did consider whether the better solution would be to establish a Top Salary Review Body similar to that operating within the UK. We recommend that the matter be referred to the Joint Committee and that it should report to Tynwald.
3.6 Committee on Expenditure and Public Accounts - • 3.6.1 Your Committee believes that for the effective control of Executive Government it is necessary to have such a committee which exercises scrutiny over Government finances.
7 C/RSC/02/plb 3.6.2 With regard to the remit of this committee, your Committee is aware that the Committee on Expenditure and Public Accounts is currently examining their own remit and in view of that your Committee believes that it would be premature for it to propose any change at this time.
3.6.3 However your Committee is of the opinion that Standing Order 5.7 should be modified to exclude from election to the Committee on Expenditure and Public Accounts any Member who is currently a member of the Treasury. This would reduce the possibility of the committee investigating a financial matter for which one of its members has direct involvement.
3.7 Tynwald Ceremony Arrangements Committee -
3.7.1 There can be little doubt that this committee plays a vital part in the successful organisation of Tynwald Day. Your Committee believes that it should continue in existence with its current remit.
3.7.2 However, your Committee does feel that there could be some benefit in making some changes to the composition of the committee. Your Committee is of the view that it is no longer appropriate that the First Deemster should be a member of and chairman of the committee. The committee should be chaired by Mr President and should continue to include Mr Speaker, the Chief Minister and the Minister for Local Government and the Environment. This is because the constitutional position has altered significantly since the committee was originally established. Your Committee realises that the First Deemster does have an important role to play with regard to the organisation of and within the actual ceremony on Tynwald Day, and it would recommend that he be invited to attend committee meetings when requested. Other individuals, or representatives of organisations, who play a significant role in the organisation of Tynwald Day, such as the Governor's ADC and the Police, should continue to be invited as and when required.
8 C/RSC/02/plb
3.8 Tynwald Honours Committee -
3.8.1 Your Committee fully endorses the need for this committee.
3.8.2 With regard to the remit of the Tynwald Honours Committee, your Committee would recommend that the committee should be empowered to cover the award of honours to living Manx persons as well as deceased persons. Furthermore, your Committee believes that Tynwald should be empowered to confer honours, in its own right, on distinguished Manx citizens.
3.8.3 Your Committee believes that the composition of this committee, at seven members, is too large. A more realistic figure would be three elected Members with Mr President and Mr Speaker continuing to be ex officio members and your Committee recommends this accordingly.
3.9 Tynwald Management Committee -
3.9.1 Your Committee endorses the relevance of and remit of the present Tynwald Management Committee. In addition your Committee sees no reason to alter the membership of the committee.
3.9.2 However, your Committee would recommend that the quorum of the committee should be any three members, one of whom must be the chairman or vice- chairman of the committee. Currently following a decision of the House of Keys on 31st October 1989 which the Legislative Council concurred with on 7' November 1989, the quorum is one Member of the Council and two of the Keys. Your Committee believes that such a change would allow a little more flexibility; presently if the Legislative Council Member is not available the Committee is not quorate. To implement this recommendation will require the establishment of the position of a vice-chairman and the election by the committee of a member to hold the post.
9 C/RSC/02/plb 3.10 Tynwald Members Pension Scheme Management Committee -
3.10.1 Your Committee examined the need for this committee, its composition and remit and recommends that there should be no change.
3.11 Tynwald Standing Orders Committee -
3.11.1 It is necessary that there should be a body regularly to review Standing Orders and propose amendments to them in order to ensure the efficient operation of Tynwald Court. Experience in the day to day application of Standing Orders does highlight anomalies, contradictions, gaps in Standing Orders and the like. To deal effectively and speedily with these a Standing Orders Committee is vital.
3.11.2 It is the opinion of your Committee that the remit of the Tynwald Standing Orders Committee is satisfactory and no change is proposed.
3.11.3 With regard to membership of the Tynwald Standing Orders Committee, your Committee recommends that there should be an increase from three to five Members. Nir Speaker should be an ex officio member of the committee, and then the Council and Keys should have two Members each. These would be elected by Tynwald Court.
PART 4
CONCLUSION
4.1. The result of deliberation by your Committee has not been to recommend that there should be any reduction in the overall number of standing committees of Tynwald. Your Committee believes that to cut the number of standing committees purely for the sake of doing so would be counter productive. Analysis has shown us that each of the committees which we examined does perform a useful and important role.
10 C/RSC/02/plb 4.2 Our examination of the standing committees of Tynwald has been a most useful exercise and has lead your committee to make a number of recommendations concerning the size of membership and remit of a number of committees. We believe that these recommendations would make the system of standing committees function more efficiently.
PART 5
RECOMMENDATIONS
5.1 Your Committee having given full consideration to the evidence before it recommends that -
(a) Committee on Constitutional Matters -
The composition and remit of this committee should remain unaltered but the committee should lay an annual report before Tynwald at its October sitting.
See paragraph 3.1 above.
(b) Declaration of Members' Interests Committee -
(0 Consideration should be given, by Tynwald Standing Orders Committee, to the establishment of a Standards Committee together with a remit for it, which would then subsume the work of this committee, and to the Register of Members' Interests being made compulsory.
(ii) No changes are proposed to the remit or composition of this committee.
See paragraph 3.2 above.
11 C/RSC/02/plb (c) Ecclesiastical Committee -
(i) This committee, Government, and the Bishop, should consider and report on the future existence and remit of the committee.
(ii) In the meantime the number of Members serving on it should be reduced reduced to three.
See paragraph 3.3. above.
(d) Economic Initiatives Committee -
The existence, remit and composition of this committee should remain unaltered.
See paragraph 3.4 above.
(e) Joint Committee on the Emoluments of Certain Public Servants -
(1) The committee should give serious consideration to the establishment of a Top Salary Review body which would subsume the work of this committee.
See paragraph 3.5 above.
(f) Committee on Expenditure and Public Accounts -
Standing Order 5.7 should be modified to exclude serving members of the Treasury from election to this committee, but its existence, composition and remit should remain unaltered, subject to its own internal review.
See paragraph 3.6 above.
12 C/RSC/02/plb (g) Tynwald Ceremony Arrangements Committee -
(i) the committee should be chaired by the President of Tynwald; and
(ii) the First Deemster should cease to be a member of the committee and be invited to attend its meetings as requested.
Otherwise the composition and remit of this committee should be unaltered.
See paragraph 3.7 above.
(h) Tynwald Honours Committee -
(i) the committee should be empowered to award honours to living Manx persons;
(ii) Tynwald should be empowered to confer honours in its own right; and
the composition of the committee should be reduced to five, three being elected by Tynwald Court with Mr President and Mr Speaker being ex officio members.
See paragraph 3.8 above co Tynwald Management Committee -
(i) the post of vice-chairman should be created and elected by the committee; and
a quorum for this committee should be any three Members one of whom must be the chairman or the vice-chairman, but otherwise its composition and remit should remain unchanged.
See paragraph 3.9 above.
13 C/RSC/02/plb (j) Tynwald Members' Pension Scheme Management Committee -
Your Committee recommends that there should be no change to the remit and composition of this committee.
See paragraph 3.10 above.
(k) Tynwald Standing Orders Committee -
Membership should be increased from three to five, with Mr Speaker being a member ex officio and the remaining four elected, two from the Legislative Council and two from the Keys, its remit should be unaltered.
See paragraph 3.11 above.
(I) Implementation
The Tynwald Standing Orders Committee should review Standing Orders in relation to the recommendations above and make such proposals for change as may be appropriate.
J A Brown (Chairman) E G Lowey P Karran G M Quayle R E Quine November 2002
14 C/RSC/02/plb Appendix 1
STANDING COMMITTEES OF TYNWALD
The clerk of each committee is shown in brackets. Constitutional Matters (Mr Cornwell-Kelly) Mr Speaker (Ch) Mr Gelling Mr Gill Mr Quine Mr Shimmin Constituted 19th March 1997 "to consider and report on the Council of Ministers' policy and approach to matters of constitutional importance; and the Members of the Committee shall not be members of the Constitutional and External Relations Committee of the Council of Ministers."
Declaration of Members' Interests (Mr Cornwell-Kelly) (2 Council + 3 Keys elected by the Branches) Mrs Christian Mr Earnshaw Mr Quayle Mr Radcliffe Mr Shimmin Constituted 22nd October 1975 (93DebT85) "to supervise the compilation, maintaining and accessibility of Register of Members' Interests, to consider any specific complaints made in relation to the registering or declaring of interests, and to report, from time to time to Tynwald, on these and any other matters relating to Members' interests".
Ecclesiastical Committee of Tynwald (Mrs Cullen) Dr Mann (Ch) Mr Anderson Mr Carman Mr Duggan Mr Earnshaw Mr Gelling Mr Quayle Constituted under the Church Legislation Procedure Act 1993: the Committee was first created by the Church Assembly Act 1925 and was continued in existence by the Church (Miscellaneous Provisions) Act 1971. The Committee considers and reports to Tynwald on draft Measures presented to it by the Legislative Committee of the Diocesan Synod and also prescribes burial fees. Economic Initiatives (Mr Cornwell-Kelly)
Mrs Carmen Mr Crowe Mr Gelling Mr Quayle Mr Singer (Ch)
Constituted 14th July 1999 "to monitor and consider economic, fiscal and monetary initiatives of the European Union, international agencies and states, which may affect the Isle of Man: and to report, with or without recommendations each July and at such other times as the Committee deems necessary (116DebT1065).
Expenditure and Public Accounts (Mrs Cullen)
Mr Quine (01) Mr Gelling (V-Ch) Mr Crowe Mr Earnshaw Mr s Hannan Mr Karran
Constituted 22nd March 1983 to "examine the accounts showing the appropriation of the sums granted by Tynwald to meet the public expenditure and of such other accounts laid before Tynwald as the Committee itself may think fit". Specific matters which might otherwise be outside this remit have been particularly referred to the Committee by Tynwald (Prescription Charges referred 15th July 1998) (155DebT832). Required 8th July 1993 to lay before Tynwald at its July sitting each year a general report on the work of the Committee (110 DebT708). Remit extended by amendment of Standing Orders 16th April 1996 (113DebT667) to include consideration of "any papers on public expenditure presented to Tynwald and such of the estimates as may seem fit to the Committee, and in particular consider how, if at all, the policies implied in the figures of expenditure and in the estimates may be carried out more economically, and to examine the form of the papers and of the estimates presented to Tynwald".
Members' Pension Scheme Management Committee (Mr Cornwell-Kelly)
First Deemster (Ch) President of Tynwald Speaker of the House of Keys Chief Minister Minister for the Treasury
Constituted under the Tynwald Membership Pension Scheme 1995 to undertake the management functions thereunder. The Committee has power to determine any issue or requirements of the Scheme. Standing Orders Committee of Tynwald (Mr Cornwell-Kelly) (One Member of the Council and two Members of the Keys, elected by Tynwald)
Mr Speaker (Ch) Mr Gelling Mr Lowey Constituted under Standing Order 5.6 to make recommendations for revision of Standing Orders, to report on Petitions for Redress of Grievance (Standing Order 6.8) and on issues referred to it under Standing Order 9.1.
Tynwald Ceremony Arrangements (Mrs Cullen)
First Deemster (Ch) President of Tynwald Speaker of the House of Keys Chief Minister Minister for Local Government and the Environment Clerk of Tynwald Mr Tyreman First constituted 18th December 1945 (63Debp195) "to consider whether any changes should be made in relation to the meetings of Tynwald at St John's". From time to time various other matters were referred to the Committee by the Lieutenant Governor until, on 12th July 1966 (83Debp1958), Tynwald resolved that the Committee should "consider the Order of Proceedings at the meetings of Tynwald at St John's in the light of the circumstances now obtaining and should determine this Order subject to the approval of Tynwald".
Tynwald Honours Committee (Mrs Cullen)
President of Tynwald (Ch) Speaker of the House of Keys Mr Gelling Mr Gill Mr Karran Mr Kniveton Mr Lowey
Constituted 16th December 1998 (116DebT375) under report of Select Committee on the Appropriate Commemoration of Manx Patriots to vet nominations for Manx Patriot Roll of Honour etc. JOINT COMMITTEES
Joint Committees are Committees of the Branches and not of Tynwald Court: they are appointed by the Council and Keys when sitting separately. A Bill may be committed or any other matter may be referred to a Joint Committee by consent of both Branches. Their reports are presented to the Branches.
Emoluments of Certain Public Servants (Mr Cornwell-Kelly)
Council Mr Radcliffe (Ch) Mr Lowey Dr Mann Keys Mr Anderson Mr Cannan Mr Gill Mr Speaker
Constituted 2nd and 30th March 1965 (82Deb718 and 970) as a Standing Joint Committee ("the Joint Committee on the Remuneration of Crown Officers and the Payment of Members' Expenses") to examine the amount of expenses paid to Members and the salaries of Senior Government Officials and Crown Officers. The Keys representatives are the members of the Consultative Committee of the House.
By First Report 1992/93 the terms of reference were revised as follows -
(1) to consider and report to the Council and Keys on -
(a) the emoluments of HE Lieutenant Governor, their Honours the First and Second Deemsters and the Judge of Appeal, HM Attorney General, the High Bailiff, the Deputy High Bailiff and the Clerk of Tynwald;
(b) the Tynwald Membership Pension Scheme; arid
(c) in addition to its consultative functions set out in paragraph (1) and as it thinks fit, the emoluments of Members of Tynwald; to carry out its consultative functions under section 6(3) of the Payments of Members' Expenses Act 1989, as the body designated by the Payment Of Members' Expenses (Designation of Consultative Body) Order 1989. Tynwald Management Committee (Mr Cornwell-Kelly)
Council Mr President (ex officio)
Keys Mr Speaker (Ch ex officio) Mrs Crowe Mr Henderson Mr Quine Constituted as a Standing Joint Committee in May 1976 (in private) on the recommendation of a Joint Committee on the Establishment of the Secretariat that "the Secretariat should be overseen by a Management Committee on which both the House of Keys and the Legislative Council should be represented". Constitution revised 31st October 1989. This Joint Committee is unusual in that its remit has several times been extended by Tynwald Court; in these respects (set out below) it acts in effect as a Select Committee of Tynwald and reports as such: (a) "the questions of the accommodation of the Legislature and services and facilities afforded to Members in the exercise of their duties" referred 15th January 1980 (97DebT436); (b) "the dignified development of the Chambers and Precincts of the Legislature" referred 10th July 1980 (97DebT1423); (c) "to investigate and report within six months with recommendations upon the practicality of broadcasting on Manx Radio recordings of proceedings of the Legislature or portions thereof' referred 16th February 1983 (100DebT548), report approved 19th October 1983 (101DebT202). Committee functus officio in respect of this remit; (d) "to investigate the possibility of purchasing and adapting Castle Mona for use as legislative buildings" referred 28th May 1986 (103DebT2082), report adopted 16' July 1986 (103DebT2512). Committee functus officio in respect of this remit; (e) "to consider and report upon the services and facilities required to enable Members to be more effective and efficient in the exercise of the parliamentary duties" referred 22nd February 1989 (106DebT1016), report received and recommendations adopted 12th July 1989 (106DebT2096). Committee functus officio in respect of this remit. (f) "after consultation with the Manx Museum and National Trust and the Manx Heritage Foundation, to consider placing within the Tynwald precincts suitable recognition of this famous Manxman [William Christian (Illiam Dhone)] and his deeds on behalf of the Manx nation" referred 23rd January 1992 (109DebT162), report received and recommendations adopted 13th December 1994 (112DebT235). Committee functus officio in respect of this remit. (g) instructed 12th April 1995 (112DebT1050) "to enter into negotiations and make appropriate arrangements with Manx Radio for ... broadcasting [the public proceedings of Tynwald Court, when sitting at Douglas ... in full] during the pleasure of the court as from the first sitting in October 1995. TERMS OF REFERENCE OF THE MANAGEMENT COMMITTEE FOR TYNWALD MEMBERS' PENSION SCHEME
Administration
Page 4(1) The functions of this scheme unless otherwise stated will be undertaken by a Management Committee consisting of the First Deemster as Chairman, the Speaker of the House of Keys, the President of Tynwald, the Chief Minister and the Minister for the Treasury. (2) The Clerk of Tynwald shall be the Secretary to the Management Committee. (3) The scheme shall be administered by the Chief Financial Officer under the direction of the Management Committee and any expenditure incurred under the provisions of the scheme shall be defrayed out of monies provided by Tynwald. Appendix 2
Committee Structure House of Commons
STANDING COMMITTEES SELECT COMMITTEES OTHER COMMITTEES
Public Bill Committees Departmental Select Committees Joint Committees with the Lords
As many established as there are Bills in 16 plus the Liaison Committee Number as required Committee Stage.
Standing Committees on Delegated Scrutiny Committees Whole Series of Others eg - Legislation 7 including the PAC Private Bill Cttees, Hybrid Bill Cttees, As many exist at one time as required Ecclesiastical Cttee,
European Standing Committees Domestic Committees UnofficialCommittees
2 exist 5 dealing with issues like catering and inance eg Advisory Cttee on Works of Art established by Mr Speaker.
Grand Committees Others
3 exist 1 each for Scotland, Wales & Ulster 6, Broadcasting, Standards and Privileges, Standing Orders, Modernisation, Procedure & Selectioin.
Regional Affairs
1 exists for England House of Lords Committee Structure
The Lords has a much more limited committee system than the Commons. The House of Lords web site lists only the following - House of Lords Select Committees
European Communities Committee
Science & technology Committee
Ad Hoc Committees eg currently on the Public Service
Procedure Committee
Committee for Privilege Private Bill Committees
Joint Committees with the Commons (eg on Statutory Instruments)
N.B. While the Lords can establish Standing Committees to consider the Committee Stage of a Bill this is normally done on the floor of the House as the Committee of the Whole House. Committee Structure of the Irish Parliament N.B It appears these Committees are joint committees between the Dail and Senate
Standing Committees Select Committees (these cttees also deal with Bills) Committee on Public Accounts Agriculture Food and the Marine
Committee of Procedure and Privilege Education and Science There are separate Committees in this case for both chambers
Committee on Members' Interests of Dail Eireann Enterprise and Small Business
Environment and Local Government
European Affairs
Family, Community and Social Affairs
Finance and the Public Service
Foreign Affairs
Health and Children
Heritage and the Irish language
Justice, Equality,Defence & Women's Rights
Public Enterprise and Transport
Strategic Management Initiative
Tourisn, Sport and Recreation Northern Ireland Assembly Committee Structure
Standing Committees Departmental Committees Current Ad Hoc Committees Procedure Agriculture & Rural Development Flags
Business Culture, Arts & Leisure Financial Investigations _ _ Committee of the Centre 1:(1th-mion :Life Sentences
PAC Employment & learning Proceeds of Crime
Standards & Privileges Enterprise, Trade & Investment Criminal Injuries Compensation
Audit Environment Criminal Justice Reform
Finance & Personnel Disqualification Legislation
Health, Social Services & Public Safety Proposed Draft Access to Justice
Regional Development
Social Development
Committee System Welsh Assembly & Scottish Parliament
WELSH ASSEMBLY SCOTTISH PARLIAMENT Agriculture & Rural Development Audit Culture Education, Culture & Sport Economic Development Enterprise & Life Long Learning Education & Life Long Learning Equal Opportunities Environment, Planning & Transport Europe Health & Social Services Finance Local Government & Housing Health & Community care Audit Justice (two committees) Business Local Government Equality of Opportunity Parliamentary Business Bureau. European Affairs Procedures Legislation Public Petitions Standards of Conduct of Members Rural Development Mid Wales Regional Social Justice North Wales Regional Standards WELSH ASSEMBLY SCOTTISH PARLIAMENT South East Wales Regional Subordinate Legislation
South West Wales Regional Transport & Environment
Children's Commissioner Appointment Advisory Committee Planning Decisions Committee Structure Jersey and Guernsey
JERSEY GUERNSEY Policy & Resources Advisory & Finance Finance & Economics Agriculture & Countryside Human Resources Arts Planning & Environment Board of Administration Industries Board of Health Health & Social Services Board of Industry Education Broadcasting Public Services Cadastre Agriculture & Fisheries Children Board Tourism Civil Defence Home Affairs Civil Service Board Employment & Social Security -Education Council Housing Ecclesiastical Harbours & Airport Emergency Control Telecommunications Gambling Control Postal Administration Heritage Privilege & Procedure Home Affairs Legislation Horticulture _ Sport, Leisure & Recreation Housing Authority Etat Civi Income Tax Authority Overseas Aid Island Development Committee Gambling Control Island Reception _ Cottage Homes Joint Guernsey/Alderney Consultative Council Special Committee to consider the relationship between Legislation Committee Committees & the States Jersey Transport Authority Liberation Celebrations Committee of Inquiry into Building Costs Liberation Religious Service Special Committee on the Composition & Election of the States Lifeboat Assembly JERSEY GUERNSEY Assemblee Parlementaire de la Francophonie Overseas Aid Probation Public Assistance Public Thoroughfares Recreation Sea Fisheries Social Security States Procedures & Constitution Committee Tourism Board Traffic Transport Board Water Board
N.B. Comparisons between the Channel Islands and Isle of Man are not strictly valid since government, currently, in the Channel Islands is by committee/board and not through a ministerial departmental system.
The above is therefore simply a list of the committees and boards that exist many of which are executive agencies. Appendix 3
References For Hansard Debates Concerning the Establishment of the Main Standing and Joint Committees of Tynwald
The date quoted below is to the Hansard covering the debate establishing the committee.
Committee on Constitutional Matters:
Hansard 19th March 1997.
Committee on the Declaration of Members' Interests:
Hansard 22nd October 1975.
Ecclesiastical Committee:
Established by legislation, originally by the Church Assembly Act 1925 and more recently the Church Legislation Procedure Act 1993.
Committee on Economic Initiatives:
Hansard 14th July 1999.
Joint Committee on the Emoluments of Certain Public Servants:
Hansard 2nd and 30th March 1965.
Committee on Expenditure and Public Accounts:
Hansard 17th November 1982. Tynwald Ceremony Arrangements Committee:
Hansard 18th December 1945.
Tynwald Honours Committee:
Hansard 16th December 1998.
Tynwald Management Committee:
The remit of this committee has been extended on a number of occasions.
Hansard 15th January 1980, 10th July 1980, 31st October 1989, 12th April 1995.
Tynwald Members' Pension Scheme Management Committee:
Constituted under the Tynwald Membership Pension Scheme 1995.
Tynwald Standing Orders Committee of Tynwald:
Constituted under Standing Order 5.6 of Tynwald Court Standing Orders. Appendix 4
THE CLERK OF TYNWALD Legislative Buildings Cleragh Tinvaal Douglas Isle of Man Malachy Cornwell-Kelly British Isles imi 3PW
Our Ref: C/RSC/01/mlg
18th July 2002
To all Members of Tynwald
Dear Member
Select Committee on the Reduction of Standing Committees
This Committee had its first meeting on 16th July and resolved to invite views from all Members, on the constitution and functions of the various Committees now under review. I attach a list of those Committees, made up essentially from the Tynwald Companion, showing their remit and current membership; you will see that the present Committee has decided to include the Committee on Emoluments of Certain Public Servants and the Tynwald Management Committee in the scope of its review. I also attach the terms of reference of the present Select Committee.
Could Members please let me have their responses no later than 13th September?
Yours sincerely
Malachy Cornwell-Kelly
Encs
Telephone: (01624) 685510 Email: [email protected] Fax: (01624) 685504 L. ISLATIV B NGE OF il,11 2PV:
Our Ref: RWH/ecw
23 July 2002
Mr Malachy Comwell-Kelly Clerk of Tynwald Legislative Buildings DOUGLAS Isle of Man
Dear Mr Cornwell-Kelly
I write in relation to your circular dated 18 July 2002 - Select Committee on the Reduction of Standing Committees.
The trouble with this issue as I see it, is the fact that we are a small Parliament and, in Parliamentary Members terms, are a small membership of a total of 33 Members for the Court of Tynwald. This being so, then the impact of being on any Select Committees, or Standing Committees, will be felt more acutely and can be quite extreme and very time consuming compared with that of the membership of Westminster where there are 659 MPs and 702 Lords to draw from.
It is also well documented that any Member of Tynwald who is on several committees will invariably have a major logistics problem in diary planning and quite often will have to cancel one meeting for another, or send apologies for a whole range of other reasons, least of which is that they may very well be involved with extensive government departmental work.
I also note that quite often committees will meet during lunch times, especially on "sitting days", which again is a major logistics problem thereby taking up Members' "spare time" when they could catch up on all the things that had "rolled in" during that morning's sitting. It also means that Members don't get a proper break during the working day, and will therefore be under pressure.
As far as I can see, the work of all the committees is essential - certainly all the Standing Committees. A Select Committee required by Tynwald is also essential and has to be undertaken by way of a particular Resolution.
Cont -2-
It may be that some areas a committee scrutinises could be incorporated into other committees who could take on a particular element or responsibility. This may work for Standing Committees, but I couldn't see it working for Select Committees; it is perhaps ideal for the Emoluments and Pensions Committee for example.
Some ways forward which I envisage would be helpful in this set of circumstances would be for committees to sit earlier to undertake their duties, such as a 9.00 am start, or even 8.30 am and, if necessary, even sit after tea for special sessions say at 7.00 pm. This would help with the timing of meetings, but unfortunately it wouldn't take away the pressure of the responsibilities on Members of Tynwald. Early morning meetings may be the best of these options - maybe even breakfast meetings. It would be interesting to see how other Parliaments get round this situation, especially smaller ones, arid how they manage and cope with the same.
One idea I have been thinking about for some time in relation to membership of Standing and Select Committees, is that it may be worthwhile considering a public advertisement being placed in the press for members of the public to come forward who wish to serve on those committees, or for a shortlist to be drawn up and held on file of those members of the public wishing to serve on Select Committees which would then ease the strain on Tynwald Members of having to attend all the various committees. A Select Committee could then be Chaired by a Member of Tynwald, with a second Member of Tynwald and one member of the public if it was a "three man" committee, or three members of the public if it was a "five man" committee.
The trouble is that although Tynwald is a small Parliament, it still has all the functions and facets of a much larger Parliament; all the problems and issues which occur in Westminster still occur here and we have to deal and manage with them somehow.
The Manx community has grown up rapidly over the past 20 years and the community has changed dramatically during that time, as have its needs and standards. This in turn has placed an increasing pressure onto the Government and Tynwald, and the impact on both monetary and human resources is now considerably more than it used to be. As the Island develops this will become even more so and Tynwald will have to develop further.
I feel at the minute that our Parliament has suffered strategic drift in relation to what is required of it now in 2002 and the standards it must aspire to in meeting the needs of the community. Its ability to direct the community in strategic thinking and so on is somewhat different and lagging behind the actual changes and developments currently within our community.
Cont -3-
There is an absolutely perfect opportunity at the present time to undertake a review and to implement any changes, due to the complete Tynwald, House of Keys Chamber and Members' Rooms Refurbishment Programme. If there are going to be changes, then this is the perfect time to implement an assessment and undertake them.
Yours sincerely
R W Henderson MHK ....„2.14.
LEGISLATIVE' BUILDINGS ISLE OF MAN IM1 3PW
Our Ref: SCR/ejm
15 August 2002
Mr M Cornwell-Kelly Clerk of Tynwald Legislative Buildings DOUGLAS Isle of Man
Dear Malachy
Select Committee on Reduction of Standing Committees
In response to your invitation, I would comment as follows: a) Cons t itu ti ona I Matters
If this Committee is to continue, it should make an annual report to Tynwald. b) Ecclesiastical Committee
Hardly needs 7 members. I suggest 3. c) Tynwald Ceremony Arrangements
The First Deemster should not to be Chairman, I suggest the President.
Is Mr Tvreman's position not ex-officio like the others? d) Involvement of certain Public Servants
This would be better as a Tynwald Committee instead of Joint Committee, to allow a single Tynwald debate on any recommendations.
There is merit in consolidating and reducing the number of existing Standing Committees. However, it should be noted that only three of these Committees actually deal with matters of broad public policy relevance, and are not concerned primarily with matters of internal parliamentary interest. -2-
The three are: Constitutional Matters, Economic Initiatives and Expenditure & Public Accounts. In my opinion, there is a case to increase the number of Standing Committees in order to scrutinise/shadow the activities of executive government more effectively. For example, a Standing Committee on "Economic Affairs" could incorporate the existing committee on Economic Initiatives, and shadow those Government Departments which correspond with income generating economic activity and wealth creation, ie Treasury, DTI, DAFF, DTL and certain Statutory Boards.
Similarly, a Standing Committee on "Public Services" could shadow the work of DHSS, Education, Home Affairs, DLGE, Transport and certain Statutory Boards. Permanent Standing Committees such as these, in addition to the PCA, could deal with matters specifically referred to them by Tynwald, matters which would otherwise be dealt with by the creation of yet more Tynwald Select Committees. We should be trying to reduce the proliferation of ad-hoc Select Committees which are demanding of resources of staff and time.
Such permanent parliamentary committees would establish a better streamlined structure for systematic parliamentary scrutiny. In my view, the work of such committees should attract the same remuneration as service on a Government Department. Both activities are of equal status and importance in serving the public interest and therefore merit equal reward.
Yours sincerely
S C Rodan MHK
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