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Report of Proceedings of Tynwald Court Printed (by Authority) by CORRIE Ltd., 48, Bucks Road, Douglas, Isle of Man. REPORT OF PROCEEDINGS OF TYNWALD COURT DOUGLAS, Wednesday, 26th February, 1986 at 10.30 a.m. Present: The Lieutenant-Governor (His Excellency Major General Laurence New, C.B., C.B.E.). In the Council: the Lord Bishop (the Rt. Rev. Arthur Henry Attwell), the Attorney-General (Mr. T.W. Cain), Messrs. R.J.G. Anderson, A.A. Callin, Mrs. B.Q. Hanson, Mr. E.G. Lowey, Dr. E.J. Mann, Messrs. J.N. Radcliffe and E.M. Ward, B.E.M., with Mr. T.A. Bawden, Clerk of the Council. In the Keys: The Speaker (the Hon. Sir Charles Kerruish, O.B.E.), Messrs. W.K. Quirk, W.A. Gilbey, J.D.Q. Cannan, Mrs. C.M. Christian, Messrs. S.L. Morrey, D.G. Maddrell, R.A. Payne, P. Karran, M.R. Walker, N.Q. Cringle, C.H. Faragher, Dr. D.L. Moore, Messrs. A.R. Bell, B. May, G.V.H. Kneale, E.C. Irving, C.B.E., D.C. Cretney, D.F.K. Delaney, D. Martin, J.A. Brown, with Mr. R.B.M. Quayle, Clerk of Tynwald. The Lord Bishop took the prayers. APOLOGIES FOR ABSENCE The Governor: Hon. members, we have a number of apologies for absence, a consequence of our having decided to take the third day of our business on a Wednesday. All four of these apologies are off the Island. They are Mr. President of the Legislative Council and the hon. member for Michacl, Mr. Cannan, both of whom are on board business; the hon. member for Ramsey, Mr. Cain, who is on a long-planned business trip and I gave him permission to continue with it, and the member for Garff, Mr. J.H. Kneale, who is taking two dependants of his to their father’s funeral across today. We also have, as you will remember, the hon. member for Glenfaba time-sharing between this Court and the Annual General Meeting of the Steam Packet and he will join us later. I am sure that hon. members will agree that it is not a very satisfactory situation and I have it in mind, if you would agree, hon. members, to ask the Standing Orders Committee to give consideration to some plan whereby we might have more predictability about the third day of business, so that we do not clash with the Keys and the Council as they undertake their business but so that we can have some predictability and with your agreement I propose to ask the Standing Orders Committee to look into it for us. Apologies for Absence TI 222 TYNWALD COURT, WEDNESDAY, 26th FEBRUARY, 1986 ANNOUNCEMENT OF ROYAL ASSENT The Governor: Hon. members, I have to announce that Royal Assent has been given to the following Acts: the Banking (Amendment) Act 1986, 14th February; the Fines Act 1986, also on 14th February; the Congenital Disabilities (Civil Liability) Act, on 14th February; and the Riding Establishments Act 1986. PROCEDURAL The Governor: Hon. members, I would remind you that we have agreed that we will not take item 35 until the end of our business and, due to Mr. Cain’s absence, item 39 will be held over till the next meeting of this hon. Court. COURTHOUSE ACCOMMODATION IN DOUGLAS — MOTION CARRIED The Governor: We therefore turn to item 34 on the Agenda and I call on the Chairman of the Executive Council, Dr. Mann, to move. Dr. Mann: Your Excellency, I beg to move: W H EREAS — (a) there is insufficient courthouse accommodation in Douglas to enable the administration o f justice to proceed expeditiously; and (b) it was formerly the practice for the Tynwald Court Chamber to be made available in exceptional circumstances and on rare occasions fo r use by the High Court o f Justice in the Isle o f Man at times when the Tynwald Court Chamber was not required for Tynwald purposes. NOW THEREFORE Tynwald requests His Excellency the Lieutenant-4 Governor as President o f Tynwald, after consultation with the Speaker o f the House of Keys and the President of the Legislative Council, to give favourable consideration to the reinstatement o f the use o f the Tynwald Court Chamber by the High Court of Justice in the Isle o f Man whenever the Tynwald Court Chamber is not required for Tynwald purposes, such use to include the galleries, stairways and lobby of the Court and that, if such response be in the affirmative, the Management Committee be consulted on the terms and conditions o f use. The lack of sufficient courthouse accommodation in Douglas has been a problem for many years. The present courthouse building in Athol Street was built between 1840 and 1841 by the Independent Order of Oddfellows as a hall for that society. Announcement of Royal Assent Procedural Courthouse Accommodation in Douglas — Motion Carried TYNWALD COURT, WEDNESDAY, 26th FEBRUARY, 1986 T1223 In about 1850 the building was converted into the Prince of Wales Theatre. In 1860 the building was purchased by the Manx Government and used as a courthouse, Rolls Office and a meeting place for the Legislature. Subsequently the new Rolls Office and Registry were erected in Finch Road and the present Legislative Buildings erected in Buck’s Road, leaving the courthouse building in Athol Street to be used solely as the courthouse. The building was later used for many years as the Douglas police station and as the headquarters of the Isle of Man Constabulary until the building of the new police headquarters. The attic rooms of the courthouse building were also used for some years as a remand home until the building of Tromode House. From time to time adjoining properties have been used with the original courthouse building to provide additional accommodation, particularly when it was used as a police headquarters. At the present day the building comprises one main courtroom, a very small irregularly shaped room which is used as a court, although it has very limited accommodation and a veritable warren of rooms, passages and staircases, many of which are ill-adapted for any particular purpose. The basement also contains a small cell block. In theory, at any particular time accommodation may be required for five courts, namely, those of the First and Second Deemsters, of the High Bailiff and Deputy High Bailiff and the Douglas Magistrates. Certain courts are regularly held in Ramsey, Peel and Castletown, principally, the monthly Courts of the Magistrates and of the High Bailiff or Deputy High Bailiff and the annual sessions of the Licensing Court. In addition, traditionally the Common Law Division of the High Court also sits in Ramsey, Peel and Castletown as well as Douglas. Nevertheless, the majority of courts should probably be held in Douglas. The recent changes in the Licensing Acts indeed have made it obligatory for all sittings of the Licensing Court, other than the annual sessions, to be held in Douglas. Although there are regular sittings of the High Court of Chancery and Common Law Divisions of the High Bailiff’s and Magistrates, there are many other court sittings which cannot be planned in advance. These include, obviously, inquests, appeals to the Staff of Government Division, sittings of the Court of General Gaol Delivery and contested cases which have been adjourned for hearing. For several years it has been frequently the case to avoid, as far as possible, any delay in the hearing of cases. Other accommodation has had to be used besides the Douglas courthouse. The High Bailiff and Deputy High Bailiff have regularly used committee rooms in Government Offices for their courts. The Douglas town hall has been used from time to time for the Licensing Court and St. George’s Hall has also been used by the High Court as an improvised courthouse. Most frequently however, courts which should properly be held in Douglas have been transferred to Peel or Castletown. In fact it is not uncommon for the hearing of one case to be moved from Douglas to, say, Peel and back again or Peel to Castletown, depending on the availability of the courthouse accommodation. All this is a severe impediment on the efficiency of the handling of the business of the courts. The members of the public involved in court hearings vary enormously. The juvenile court is concerned with children and their parents. The magistrates, when Courthouse Accommodation in Douglas — Motion Carried TI224 TYNWALD COURT, WEDNESDAY, 26th FEBRUARY, 1986 dealing with domestic matters, are concerned with husbands and wives and their families who should be provided with proper waiting room accommodation. At inquests the bereaved must themselves by properly looked after. In the criminal courts proper provision has to be made for security. In the High Court much of today’s business relates to company and commercial matters for which accountants, lawyers and personal witnesses may have travelled to the Island. The Island’s image in these circumstances is not enhanced if, as happened in a recent sitting of the High Court in the courthouse in Douglas, a visiting lawyer had to remove all his papers and books from where he was sitting to avoid drips of water from the leaking roof immediately above. Other occasions in recent months the courthouse has been so cold that witnesses have left their overcoats on. The plans to build a new courthouse were drawn up just before the Second World War but, unfortunately, not proceeded with. While it is now dear that a new modern courthouse accommodation is urgently needed in Douglas, the resolution now before the Court requests His Excellency, after consultation with the hon.
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