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23 Mar 1967 Tynwald Hansard REPORT of PROCEEDINGS OF REPORT OF PROCEEDINGS OF TYNWALD COURT Douglas, Thursday, March 23, 1067. Present : The Governor (Sir Peter discharged by the House of Keys as Stallard, K.C.M.G., C.V.O., M.B.E.). In detrimental to the economy of this the Council : The Attorney-General (Mr Island and repugnant to the wishes of D. D. Lay, T.D.), Sir Ralph Stevenson, the Manx people as reflected by their G.C.1VLG., Messrs J. B. Bolton, C. C. Mc- duly elected representatives; (2) be Fee, J. C. Nivison„ H. H. Radcliffe, with aware that H.M. Government in the Mr G. J. Bryan, C.M.G., C.V.O., 0.B.E., United Kingdom has (without consulta- M.C., Clerk of the Council. In the tion and the concurrence of the Manx Keys : The Speaker (Mr H. C. Kerruish, 0.B.E.), Messrs R. J. G. Anderson, H. Legislature), prepared legislation to D.. C. MacLeod. E. N. Crowe, R. E. S. effect such application to the Island; Kerruish, P. Radcliffe, P. A. Spittall, (3) be informed of the opinion of this W. E. Quayle, T. C. Faragher, A. H. Sim- hon. Court that the issue is of funda- cocks, G. T. Crellin. C. L. P. Vereker, mental importance to the constitutional J. E. Callister, T. A. Corkish, E. C. Irving, relationship between the Governments C, E. Burke, G. V. H. Kneale, G. A. of the United Kingdom and the Isle of Devereau. R. MacDonald., A. S. Kelly, Man; (4) be graciously pleased to hear Sir Henry Sugden, K.13.E., CE., D.S.O., and accept any elaboration of the views with Mr T. E. Kermeen, Secretary to the of the Isle of Man Government which House. Her Majesty in Council may deem necessary. Your .Excellency, the peti- tion which is before the Court today probably marks an event unique in the PETITION TO HER MAJESTY THE history of the Manx constitution. Yet, QUEEN—DEFEATED. sir, the wording of the petition is very familiar. It is of course paraphrased The Governor: Item No. 6 on agenda from the wording of the Bill which we No. 1. I call upon Mr Simcocks, the passed.- We are a Crown possession and hon. member for Rushen. therefore when a Bill is passed. by the Mr Simeocks: Your Excellency, I beg branches of the Legislature and signed to move : That the Lieutenant-Governor, in Tynwald, it is in the form of a peti- Council, Deernster and Keys in Tyn- tion to Her Majesty the Queen to enact wald assembled, by humble petition to the statute in accordance with the terms Her Majesty the Queen, Lord of Man, of the Bill. Now, +sir, as I say, we are a do pray that, in considering any applica- Crown possession and the relationship tion to the Isle of Man by Order in between ourselves and the Crown is so Council of the provisions of any Act of ordered that the channel of communica- the Parliament of Great Britain and tion is the Privy Council. It is clearly Northern Ireland. constitu.ting Marine, set out, sir (and I refer to the speech of etc., 'Broadcasting Offences, Her Majesty Mr, as he was then David Renton in in Council may—(1) bear in mind that Parliament in Westminster in 1960)— a measure in similar terms has been it is clearly laid out, sir, that where a - 'Pr:" petiticn to Her Majesty the Queen—Defeated. 956 TYNWALD COURT, MARCH 23, 1967 Privy Councillor happens also to be a seeks to create a situation under which Minister, he must act as a Privy Coun- a tradesman in Ramsey will be guilty of cillor and not as a Minister when in the a criminal offence if he supplies goods Privy Council itself. Now there is a to a ship on the outskirts of Ramsey curious thing about the Privy Council. bay, a ship which is doing nothing Many of the overseas nosssesions within Now, sir, in other words, the the Commonwealth are represented on extension of the English Marine Broad- the Privy Council. Ghana has a repre- casting (Offences) Act to the Isle of Man sentative, even the Channel Islands has would be to impose upon the Isle of Man one, but we, sir, have no one in the English criminal law, and to change our Privy Council to represent us and to criminal law, sir, our domestic criminal watch over our affairs, unless it be that law. E is no good saying that because the Home Secretary be regarded as it is wireless telegraphy it is not domes- occupying the breach. But then, sir, by tic—lt its. Now this to my mind is just the same token it might be said that he another example of the way in which also has the same job for the Channel successive British Governments have Islands, and I would have thought that chosen to ignore the rules which they the time might now well, come when themselves have made governing a rela- representation should be made for our tionship of the Isle of Man and the Island to have representations itself on United Kingdom. Sir, this matter is the Privy Council so that at least we very clearly laid down; it is laid down are on level terms with the Channel by precedent, that not even provision islands, Now, sir. the cause of this for the extension of an English Act can petition today is, as all hon. members be made in the Bill unless, and until, will know, the Marine Broadcasting Tynwald has asked for this to be done. (Offences) Bill. I am referring to the Now, sir, I believe that very few mem- English version of that, sir. Now bers of Tynwald even knew that pro- Mr Slater, the Assistant Postmaster- vision had been made in the English General, is reported as having said in Bill until the learned 'Attorney-General Westminster Parliament last week that made what I may, perhaps, call certain because the Marine Broadcasting admissions last wcek. Naw. sir, I do not (Offences) Bill concerned wireless tele- know what authority the Attorney graphy, and because the British Govern- General had for apparently 0.K.-ing the ment were in charge of wireless tele- inclusion of this provision in the Eng- graphy in the Isle of Man, that the Bill lish Bill. What I do know, sir, is that was not a domestic matter, and there- Tynwald knew nothing whatever about -fore that the British Government pro- it. I also know that Tynwald knew posed to extend its operations to the Isle nothing whatever about the provision of Man, notwithstanding the known for extending the Rhodesia Act to us. wishes of Tynwald. Now with great We had the surprising statement in respect to Mr Slater, silt., I would like to Tynwald last month, sir. The Attorney- submit that the real criterion of a Bill General said, "Ah yes, I did this, but it is not what it is about, but what it was too secret to be talked about." Too proposes to do. Now this particular Bill, secret, sir'? For Tynwald, the govern- sir, had it proposed to enact that it in ir body of the Isle of Man, to be told should be a criminal offence to broad- about? I do not know what authority cast on the high seas without a licence the learned Attorney-General has for from the British Postmaster-General, I these curious acts or the surprising would be the first to admit that this statements, but I do suggest, sir, that would not be a matter of domestic con- this is an activity which might proverly cern to the Isle of Man, but that is not and profitably receive the ,attention of what the Bill seeks to do. The Bill the Select Committee of this Court Petition to Her Majesty the Queen--Defeated. TYNWALD 'COURT, MARCH 23, 1967 957 on' the constitution• of the Isle of it should be cogent to the members of Man, Now, sir, if I may return to this hon. Court, and that is our own the point. We have here a situation moral obligation to Manx Radio. It is where Mr Slater has issued a threat not, Your Excellency, a legal obligation.; that the Marine Broadcasting (Offences) by a strange fluke the agreement with Act will be extended to the Isle of Man by an Order in Council. I believe, sir, Manx Radio only said that We would that if that happens--if the British Gov- not encourage any broadcasting within ernment is prepared in the teeth of the the Isle o Man other than Manx Radio, express opposition of Tynwald to do and orl, course, those matters beyond that thing, if a single criminal Act of bur _con/alai'. the British Broadcasting the English Parliament is applied to us Corporation. and Independent Tele- against our will, sir, that that will re- vision. Now nobody had beard, or at move any barrier to our absorbtion into least I had not heard, arid I am quite the United Kingdom. Sir, Her Majesty sure that pirate radios were not, at that the Queen is-Lord of Man. We are Her time in contemplation, they certainly Majesty's most loyal subjects. This were not in. existence, they .were petition, sir, is an appeal to Her Majesty certainly not in the contea-nplation of the to protect us, her loyal subjects, from members of this Court who entered into the threat of aggression from Whitehall. the original agreement with Pye Radio, I beg to move.
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