FIRST REPORT OF THE STANDING COMMITTEE ON CONSTITUTIONAL MATTERS FOR THE SESSION 2005-2006 STANDING COMMITTEE OF TYNWALD ON CONSTITUTIONAL MATTERS The Hon J A Brown SHK (Castletown) Hon P A Gawne MHK (Rushen) Mr Q B Gill MHK (Rushen) Mrs H Hannan MHK (Peel) Hon J P Shimmin MHK (Douglas West) The Standing Committee on Constitutional Matters considers and reports on the Council of Ministers' policy and approach to matters of constitutional importance 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. Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Bucks Road, Douglas IM1 3PW (Tel 01624 685516, Fax 01624 685522) or may be consulted at www. tynwald.org.ini All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Bucks Road, Douglas IM1 3PW. To: The Hon Noel Q Cringle MLC, President of Tynwald, and the Hon Council and Keys in Tynwald assembled FIRST REPORT OF THE STANDING COMMITTEE ON CONSTITUTIONAL MATTERS FOR THE SESSION 2005-2006 The title of the Lieutenant Governor 1 At the sitting of Tynwald in October 2003, your Committee reported on the question whether the time had now come to review the eighteenth century title by which the Queen's representative in the Isle of Man is known the 'Lieutenant-Governor'. The main part of our Report then is reproduced at Annex I. 2 The recommendations in that Report were:- 1 That the Council of Ministers should re-examine the functions remaining to the post of Lieutenant Governor with a view to bringing the statute book up to date and report during the current legislative Session. 2 That Tynwald approves the use of the title 'Barrantagh ny Benrein - Queen's Commissioner" (or, when appropriate 'Barrantagh ny Ree - King's Commissioner') for the person appointed to succeed the present Lieutenant Governor when his term of office expires. 3 That the Government should communicate the wishes of the Court of Tynwald to the United Kingdom Secretary of State for Constitutional Affairs, so that he may bring it forward in the context of making the next appointment of Her Majesty's representative in the Isle of Man. C/ ConM/ mck 3 Following debate, these recommendations were carried, subject to an amendment moved by the then Chief Minister, so that the final Resolution of the Court was:- That the First Report of the Standing Committee on Constitutional Matters for the Session 2003-2004 be received and recommendations 37.1 and 37.3 be approved and, in respect of recommendation 37.2, that Tynwald recognises the need for change in the title of the Lieutenant Governor on the Island and authorises the Government to open discussion with the Crown and the Department for Constitutional Affairs in order to seek an appropriate alternative. 4 Your Committee enquired of the Chief Secretary in February 2005 what progress had been made by the Government pursuant to the amended motion. We were informed in reply that discussions had taken place with the Department of Constitutional Affairs in the United Kingdom, in the context of which various possibilities for a new title had been canvassed, including "Queen's Representative' and 'Crown Ambassador'. 5 Later in February 2005, a reply was received from the Department of Constitutional Affairs that, after consultation, they had been advised that "it is matter upon which Her Majesty the Queen will have the ultimate decision" but that "our research indicates that there would be no reason for this matter not to be formally progressed if Tynwald wishes to do so". The DCA indicated that it would be best for a single preferred title to be put forward. The full text of the Chief Secretary's letter of 15th February 2005 conveying this information is at Annex II. 6 Subsequent correspondence between your Committee and the Government then took place, in which it was stated by the Head of the Crown and External Relations Division that "I am advised that, subject to the acceptance and approval of Her Majesty the Queen, the title could be changed during the term of the next Lieutenant-Governor." Meanwhile, the Constitutional and External Relations Committee of the Council of Ministers had suggested a further possible title: 'Crown's Commissioner'. 2 C/ConM/mck 7 Your Committee considered the matter again and reached the conclusion that the title 'Crown Commissioner7 would indeed be the most apt. The Constitutional and External Relations Committee of the Council of Ministers indicated that they were content for this title to be adopted, and requested that your Committee should bring the issue again before Tynwald, commenting : "If Tynwald endorses the change in title, the Isle of Man Government would then submit a formal request to the Department for Constitutional Affairs. On receipt of the formal submission, DCA can put the proposal to Her Majesty the Queen for consideration." 8 On 23rd June 2005, the Council of Ministers supported the proposed title 'Crown Commissioner' for the representative of Her Majesty the Queen on the Isle of Man, and agreed that your Committee be advised accordingly. 9 As has been seen, in October 2003, Tynwald endorsed the principle of a change in the title. After careful discussion between the interested parties, a single proposal for a title has now commended itself to both your Committee and to the Council of Ministers. In view of this unanimity, it remains only to seek the approval of the Court to this title being put forward for the Queen's approval in the manner indicated. Recommendation 10 It is recommended that the title 'Crown Commissioner - Barrantagh y Chrooin' be approved by Tynwald for use as the title of Her Majesty's representative in the Isle of Man, subject to Her Majesty's approval. J A Brown (Chairman) P A Gawne Q B Gill H Hannan October 2005 J P Shimmin 3 C/ConM/mck ANNEX I 4 C/ConM/mck To: The Hon Noel Q Cringle MLC, President of Tynwald, and the Hon Council and Keys in Tynwald assembled FIRST REPORT OF THE STANDING COMMITTEE ON CONSTITUTIONAL MATTERS FOR THE SESSION 2003-2004 Introduction 1 The role and functions of the Lieutenant Governor of the Isle of Man are subjects which have attracted attention from time to time in the context of the evolution of the Island's constitutional position, and some comment has been expressed in Tynwald that they should be the subject of reappraisal. 2 In giving consideration to the factors relevant to appointment of the successor to the present Lieutenant Governor, the title itself borne by the holder of this office has emerged as a matter which has significance in indicating the tasks which, in modem constitutional conditions, are expected to be discharged by the holder of the office, and are perceived by external observers as being the role of the Lieutenant Governor. 3 Bearing in mind that the current Lieutenant Governor's term of office will expire during the life of the House of Keys now sitting, it is of some urgency that signposts are erected in good time before an appointment is made. Your Committee have sought, therefore, to 5 Cl ConM/mck revisit the conceptual basis on which the office now rests and to align that with the public description of the office. The Role and Functions of the Lieutenant Governor 4 Following the Revestment Act of 1765 the British Crown appointed a Governor to administer the Island. The officer so appointed had a deputy whose title was 'Lieutenant Governor', though from 1830 onwards the formal title of the Governor himself became 'Lieutenant Governor', which was frequently abbreviated simply to 'Governor'. On appointment, the Governor and the Lieutenant Governor received from the Monarch a commission setting out the nature of the tasks required of them: in general terms, these were to ensure the good government of the island. 5 The Governor, and then the Lieutenant Governor, had extensive powers which, in effect, made the holder of the office the supreme authority in the Isle of Man. For example, the person appointed: - presided over Tynwald Court and was able to veto its decisions; - presided over the Legislative Council; - acted in effect as Chancellor of the Exchequer; - was responsible for law and order, and controlled the police force and prison; - performed the executive duties now associated with the role of a Government Minister; - exercised considerable judicial functions, including that of judge; - made many appointments in the Island; and - acted as military commander in chief of any forces in the Island. 6 The first major and concerted campaign to reduce the powers of the Lieutenant Governor came in 1907 when the House of Keys sent a list of demands to the Home Office. These included: (a) introducing a fixed term of office for any Lieutenant Governor; 6 C/ConM/mck (b) establishing an Executive Council to assist the Lieutenant Governor in all matters relating to the government and finance of the island; and (c) placing the police under the control of Tynwald. 7 Limited reform did subsequently take place, for example the introduction of a fixed seven-year term of office for the Lieutenant Governor, and reform of the composition of the Legislative Council by introducing an element elected by the Keys (which reduced thè Lieutenant Governor's ability to control the Council). However, it was not until the 1960s that really extensive reductions began to occur in the scope of the Lieutenant Governor's powers.