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Report of the Constitutional and Legal Affairs and Justice Committee First

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Report of the Constitutional and Legal Affairs and Justice Committee First PP2018/0158 CONSTITUTIONAL AND LEGAL AFFAIRS AND JUSTICE COMMITTEE FIRST REPORT FOR THE SESSION 2018-19 Ministerial Responsibility for Justice CONSTITUTIONAL AND LEGAL AFFAIRS AND JUSTICE COMMITTEE FIRST REPORT FOR THE SESSION 2018-19 There shall be a Committee on Justice, Constitutional and Legal Affairs which shall be a Standing Committees of the Court. It shall be entitled to take evidence from witnesses and to report on matters as they affect the Island relating to the administration of justice, legal services, the work of the Attorney General and constitutional issues. It may also hold joint sittings with other Committees for deliberative purposes or to take evidence. The Committee shall have: a) a Chairman elected by Tynwald, b) two other Members. Members of Tynwald shall not be eligible for membership of the Committee, if, for the time being, they hold any of the following offices: President of Tynwald, member of the Council of Ministers, Attorney General, member of the Treasury Department referred to in section 1(2)(b) of the Government Departments Act 1987. The Committee shall be authorised to require the attendance of Ministers for the purpose of assisting the Committee. The powers, privileges and immunities relating to the work of a Committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership Mrs J Poole-Wilson MLC (Chairman) Mr L Hooper MHK (Ramsey) Mr C Robertshaw MHK (Douglas East) Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas, IM1 3PW (Tel: 01624 685520) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. Table of Contents I. THE COMMITTEE’S WORK TO DATE................................................................ 1 LEGAL SERVICES 1 BREXIT 2 II. MINISTERIAL RESPONSIBILITY FOR JUSTICE.................................................... 2 ORAL EVIDENCE .................................................................................................... 7 19TH MARCH 2018: EVIDENCE OF HON R H QUAYLE MHK, CHIEF MINISTER, MR W GREENHOW, CHIEF SECRETARY, AND MRS D FLETCHER, DIRECTOR OF EXTERNAL RELATIONS, CABINET OFFICE 9 14TH MAY 2018: EVIDENCE OF MR C COUÉ, COLLECTOR OF CUSTOMS AND EXCISE, AND MS L KENNEDY, TEAM LEADER, LEGAL AND POLICY, CUSTOMS AND EXCISE DIVISION; HON G BOOT MHK, MINISTER, MR R LOLE, CHIEF EXECUTIVE, AND MS J SKINNER, BREXIT POLICY MANAGER, DEPARTMENT OF ENVIRONMENT, FOOD AND AGRICULTURE; HON L SKELLY MHK, MINISTER, MR MARK LEWIN, CHIEF EXECUTIVE, DEPARTMENT FOR ENTERPRISE 37 15TH OCTOBER 2018: EVIDENCE OF MS J O'ROURKE, FORMER CHIEF EXECUTIVE OF THE ISLE OF MAN LAW SOCIETY 65 WRITTEN EVIDENCE .............................................................................................89 APPENDIX 1: FEBRUARY 2001 - REPORT OF THE LEGAL SERVICES COMMISSION 2000 91 APPENDIX 2: 20TH MARCH 2001 - HANSARD EXCERPT OF DEBATE – LEGAL SERVICES COMMISSION REPORT 121 APPENDIX 3: 24TH MAY 2018 - SUBMISSION OF MR W GREENHOW, CHIEF SECRETARY 129 APPENDIX 4: 20TH DECEMBER 2017 - SUBMISSION OF MR J LALOR-SMITH, DEPUTY CHIEF EXECUTIVE, DEPARTMENT OF HOME AFFAIRS 133 APPENDIX 5: EXCERPT FROM THE PROGRAMME FOR GOVERNMENT: HEALTHY AND SAFE ISLAND 139 APPENDIX 6: 8TH MARCH 2018 – SUBMISSION FROM THE ECONOMIC AFFAIRS DIVISION, CABINET OFFICE 145 APPENDIX 7: 14TH MARCH 2018 – SUBMISSION FROM THE TREASURY AND CUSTOMS AND EXCISE DIVISION 149 APPENDIX 8: 16TH MARCH 2018 - SUBMISSION FROM THE DEPARTMENT OF ENVIRONMENT, FOOD AND AGRICULTURE 153 APPENDIX 9: 16TH MARCH 2018 – SUBMISSION FROM THE DEPARTMENT FOR ENTERPRISE 161 APPENDIX 10: 14TH MAY 2018 ORAL EVIDENCE HEARING - OPENING STATEMENT OF HON G BOOT MHK, MINISTER FOR DEPARTMENT OF THE ENVIRONMENT, FOOD AND AGRICULTURE 167 To: The Hon Stephen C Rodan, President of Tynwald, and the Hon Council and Keys in Tynwald assembled CONSTITUTIONAL AND LEGAL AFFAIRS AND JUSTICE COMMITTEE FIRST REPORT FOR THE SESSION 2018-19 Ministerial Responsibility for Justice I. THE COMMITTEE’S WORK TO DATE 1. The Committee was established by Tynwald in October 2017. Since then, we have been working to develop our knowledge of matters relating to the constitution, legal affairs, and justice. 2. We started by holding a series of informal meetings with the Attorney General, the Chief Secretary, the Chief Constable, the judiciary and the Chief Registrar, and the Chief Executive and President of the Law Society. These meetings have helped us to understand the concerns of and the challenges faced by these stakeholders. Legal services 3. In February 2018, we announced our inquiry into the regulation of legal services, with particular reference to the Advocates’ Disciplinary Tribunal (‘the ADT’) and the Law Society. We heard oral evidence on this topic from representatives of the Law Society and the members of the ADT in April 2018. We then announced an inquiry into the process of becoming a Manx advocate. We have now decided to amalgamate these topics into a broader inquiry into legal services in the Isle of Man, including consideration of the proposed Public Defender’s Scheme. 1 Brexit 4. We have also taken evidence in relation to Brexit. The Chief Minister, the Chief Secretary and Director of External Relations appeared before the Committee on 19th March 2018. On 14th May 2018, we heard from the Collector of Customs and Excise, Mr Charles Coué; the Minister for Environment, Food and Agriculture, Hon Geoffrey Boot MHK, with the Chief Executive, Mr Richard Lole, and the Brexit Policy Manager for the Department, Miss Janice Skinner; and the Minister for Enterprise, Hon Laurence Skelly MHK, with the Chief Executive, Mr Mark Lewin. The oral and written evidence relating to Brexit has been published with this Report.1 II. MINISTERIAL RESPONSIBILITY FOR JUSTICE 5. During the course of our work so far, we have become aware of the fact that there is currently no publicly identifiable executive responsibility for all matters relating to justice and legal affairs. Although the remit of the Department of Home Affairs includes the prison and probation services, it does not include the courts or the Attorney General’s Office, which do not fall directly under the responsibility of any Department or Board. 6. We believe that this is why reform of the Island’s legal and justice system has not been a priority for previous administrations. There is nobody in Government whose duty it is to protect and advance the principles of justice, regardless of which Department is responsible for a particular element of the justice system. We have already encountered numerous examples of areas where scope for reform has been identified, but the implementation of it has been slow or non- existent. 7. For instance, the Legal Services Commission inquiry into the ADT took place eighteen years ago.2 It identified various inadequacies and anachronisms with the ADT’s composition, procedures, and rules. The Report and its recommendations were debated in Tynwald Court in March 2001.3 Tynwald resolved ‘That the Report of the Legal Services Commission 2000 be received and the Council of Ministers be requested, following consultation, to prepare legislative changes to give effect to the recommendations in the Report.’4 Despite this clear resolution, only one of the recommendations has been 1 Oral Evidence and Appendices 6, 7, 8, 9, 10. 2 Appendix 1. 3 Appendix 2. 4 Votes and Proceedings, Tynwald March 2001 (tynwald.org.im/business/vp/VP/tv20032001.pdf). 2 partially enacted: any referral under section 18(3)(c) of the Advocates Act 1976 is now dealt with by a panel of Deemsters rather than the Governor.5 8. When we asked the Chief Secretary for an update on progress with the reforms recommended by the Legal Services Commission 2000 report, he admitted that: The fundamental issues identified by the Committee regarding the constitution or the rules of the committee have not, it appears, been addressed. After review, it is clear that the responsibility for carrying out these changes was not clearly identified.6 9. Progress with implementing the recommendations of the Select Committee on the Operation of the Jury System has also been slow. Only Recommendation 7 has been dealt with so far.7 While Cabinet Office has taken the lead on some of the recommendations, others have been delegated to Home Affairs and the courts.8 There does not appear to be a co-ordinated approach to addressing the recommendations, notwithstanding the commitment in the Programme for Government to progressing this reform.9 10. Jane O’Rourke also explained to us the difficulty she had during her tenure as Chief Executive of the Law Society in progressing any ideas for reform: Mr Hooper: […] who within the executive do you see as being responsible for actually delivering that change? So from the Law Society, when you were lobbying, who was it within Government, not within Tynwald necessarily, were you liaising with? Ms O’Rourke: Anybody who would listen to me! (Laughter) Q154. Mr Hooper: There was not one overriding … in charge? Ms O’Rourke: No, I regularly spoke to the Chief Ministers; and Treasury obviously were very important because of the legal aid implications; the Cabinet Office. We regularly did round-robins to all MHKs and MLCs. We would invite them to any events that we had going, just really to enable them to understand. We would have a regular speaking slot at the State of the Nation. It really was about trying to get the message across. 5 Appendix 3. 6 Appendix 3. 7 Appendix 3. 8 Appendix 4. 9 Appendix 5. 3 11. We have also become aware of a certain institutional wariness within Tynwald towards the idea of there being executive and parliamentary oversight of the courts system.
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