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Report on a Benchmarks Self-Assessment PP 2021/0138 EXECUTIVE COMMITTEE OF THE ISLE OF MAN BRANCH OF THE COMMONWEALTH PARLIAMENTARY ASSOCIATION REPORT ON A BENCHMARKS SELF-ASSESSMENT 2020/21 EXECUTIVE COMMITTEE OF THE ISLE OF MAN BRANCH OF THE COMMONWEALTH PARLIAMENTARY ASSOCIATION: REPORT ON A BENCHMARKS SELF-ASSESSMENT Laid before Tynwald under Standing Order 10.11(2)(e) at the request of Mr Speaker with the approval of Mr President. Committee Membership The Hon J P Watterson SHK (Chairman) The Hon S C Rodan OBE MLC Hon R H Quayle MHK T M August-Hanson MLC R E Callister MHK C M Christian OBE C A Corlett MHK M J Perkins MHK W C Shimmins MHK 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 REPORT ................................................................................................................ 1 APPENDIX: PANEL REPORT .................................................................................... 3 To: The Hon Stephen C Rodan OBE MLC, President of Tynwald, and the Hon Council and Keys in Tynwald assembled EXECUTIVE COMMITTEE OF THE ISLE OF MAN BRANCH OF THE COMMONWEALTH PARLIAMENTARY ASSOCIATION: REPORT ON A BENCHMARKS SELF-ASSESSMENT REPORT 1. In October 2019 we appointed a Panel to assess the Manx legislature in light of the CPA Benchmarks for Democratic Legislatures, which had been revised in 2018. The Panel reported to us in April 2021. We are grateful to the members of the Panel for their work. 2. In May 2021 we agreed that the report of the Panel should be laid before Tynwald, Mr Shimmins dissenting. 3. The Report of the Panel is appended to this Report. J P Watterson (chair) S C Rodan R H Quayle T M August-Hanson R E Callister C M Christian C A Corlett M J Perkins W C Shimmins 1 2 Appendix: Panel Report 3 COMMONWEALTH PARLIAMENTARY ASSOCIATION ISLE OF MAN BRANCH BENCHMARKS FOR DEMOCRATIC LEGISLATURES SELF-ASSESSMENT REPORT OF A PANEL APPOINTED BY THE BRANCH EXECUTIVE COMMITTEE 2020/21 Panel Membership The Hon. Juan P Watterson SHK (Chairman) Mrs Clare Christian OBE (former President of Tynwald) Prof Peter W Edge (Professor of Law at Oxford Brookes University) Hon Ray K Harmer MHK, nominee of the Chief Minister Mr Lawrie L Hooper MHK TABLE OF CONTENTS I. Background .................................................................................................................. 1 II. Tricameralism: The parliamentary system of the Isle of Man ..................................... 1 Functions and procedures of the Chambers ...................................................... 2 The Executive ..................................................................................................... 3 III. Areas of particular focus .............................................................................................. 3 Political balance .................................................................................................. 3 Financial scrutiny ................................................................................................ 5 Natural justice .................................................................................................... 7 Equality and diversity ......................................................................................... 8 IV. Conclusion .................................................................................................................... 9 Annex: Point-by-point assessment .......................................................................................... 10 General ............................................................................................................. 10 Procedure and sessions .................................................................................... 13 Committees ...................................................................................................... 15 Political parties ................................................................................................. 16 Parliamentary staff ........................................................................................... 17 Legislative function .......................................................................................... 18 Oversight function ............................................................................................ 19 Representational function................................................................................ 21 Parliamentary assistance, networking and diplomacy .................................... 21 Accessibility, openness and engagement ........................................................ 21 Ethical governance ........................................................................................... 22 Appendix: Submissions from women Members of Tynwald ................................................... 23 Submission dated 29th July 2020 from Mrs Caine ............................................ 25 Submission dated 30th July 2020 from Mrs Barber .......................................... 27 Submission dated 19th August 2020 from Mrs Poole-Wilson .......................... 29 I. BACKGROUND 1. The Commonwealth Parliamentary Association’s Benchmarks for Democratic Legislatures were originally developed by a study group of CPA parliamentarians in 2006. In 2011 a panel appointed by the Executive Committee of the Isle of Man Branch of the CPA undertook a self- assessment of the Manx legislature in relation to the original 2006 Benchmarks. The 2011 panel report was published on the Tynwald website.1 2. In 2018 the Benchmarks were revised and updated by a study group organised by the CPA and the Westminster Foundation for Democracy. We were appointed in 2019 to conduct a follow-up self-assessment in relation to the revised Benchmarks. 3. Following the example of the 2011 panel, the point-by-point assessment annexed to this Report labels the Manx political system as either being compliant (C), partially compliant (P) or not compliant (N) with each Benchmark; or as not applicable (N/A) to our system. 4. In noting the rarity of certain aspects of the Manx parliamentary system, a brief explanation of it has been included in this Report. This background is necessary to understand why some of the Benchmarks are not applicable to the Manx system. This Report includes a discussion of some areas of particular concern which we considered as part of the assessment process. II. TRICAMERALISM: THE PARLIAMENTARY SYSTEM OF THE ISLE OF MAN 5. Tynwald is not constrained by an entrenched constitution.2 Any of the features of the Manx legislature referred to in the CPA Benchmarks could be changed by amendments to primary or secondary legislation, or to Standing Orders, any of which could be made by that legislature itself. Some Benchmarks require that certain features should be provided for in the Constitution. We have assessed ourselves as compliant with such Benchmarks if they are provided for in legislation or Standing Orders, despite that fact that in theory the legislature could easily alter those features at some time in the future without the protections associated with a written constitution. 6. The vast majority of Commonwealth parliaments are either bicameral or unicameral in nature. The Benchmarks have been drafted assuming this model. They have also been written assuming that most members of a parliament will also be members of political parties and governments will be formed from elected members of a majority party or from a coalition of parties. The Isle of Man political system, the heart of which has developed over a thousand years, does not always conform comfortably to this model and some explanation of the Island’s system is required as an introduction to this self-assessment. 7. The Manx legislature consists of three chambers, each with its own functions and responsibilities: Tynwald Court and its two legislative branches, the House of Keys and the Legislative Council. 1 https://www.tynwald.org.im/business/committee/CPAexec/Documents/Final_Benchmarks_Report.pdf 2 For a fuller discussion of what it means to have an ‘entrenched constitution’, please see N.W. Barber, “Why entrench?” (2016) International Journal of Constitutional Law 14(2), 325 1 8. The popularly elected Chamber, the House of Keys, consists of 24 Members elected from 12 constituencies returning two Members each. Members serve for a five year term and the House elects its own Speaker. 9. The Legislative Council comprises the President of Tynwald as presiding officer, the Bishop and the (non-voting) Attorney General (both ex officio) and eight members elected by the House of Keys using an open ballot system. These eight serve for five year terms and retire in rotation in two groups of four. 10. Tynwald Court comprises the House of Keys and Legislative Council sitting together. The President of Tynwald is elected for the five year term of the succeeding House of Keys by Tynwald Court shortly before a Keys General Election. Functions and procedures of the Chambers 11. The House of Keys and Legislative Council meet weekly during the legislative session (October to June) and their principal purpose is to consider primary legislation. Such legislation requires the approval of both Chambers and must, ultimately, be signed by a majority in Tynwald Court
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