Legislative Council of the Isle of Man
Upper house of the parliament of the Isle of Man
Independent (8)
Voting system
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The Legislative Council (Manx: Yn Choonceil Slattyssagh) is the upper chamber of Tynwald, the legislature of the Isle of Man. The abbreviation "LegCo" is often used.[1]
It consists of eleven members (MLCs):
- Eight members elected by the House of Keys
- Three ex officio members:
- President of Tynwald, ex officio President of the Legislative Council (casting vote)
- Bishop of Sodor and Man
- Attorney General for the Isle of Man (non-voting)
Historically, most or all elected MLCs were former MHKs, but this practice has now much reduced or ceased.
Formerly, the Lieutenant Governor presided over the Legislative Council and over Tynwald Court (a joint session of the Council and the House of Keys). Now, however, the President of Tynwald, who is chosen by the whole Tynwald for a five-year term, is the ex officio President of the Legislative Council, and presides over both the Legislative Council and Tynwald Court, except that the Lieutenant Governor presides once a year on Tynwald Day.
Furthermore, the Church of England Bishop of Sodor and Man and the Attorney General have seats on the Legislative Council. The Bishop is a voting member, the Attorney General is a non-voting member, and the President has the casting vote.
The Council does not usually originate legislation[citation needed]; most of the time, it reviews draft legislation originating in the House of Keys. However, it is possible for legislation to originate in the Council: a recent example is the Equality Act 2017.[2][3]
Method of election
The MLCs are elected by the members of the House of Keys for a term of five years. Four MLCs retire at a time, and four new MLCs are then elected. An MLC must be at least 21 years old and resident in the Isle of Man. Historically the election procedure has been cumbersome, and on some occasions in recent years the election has required many ballots, stretching over a period of weeks or even months. However the Standing Orders of the House of Keys regarding the election of MLCs were amended on 4 April 2017, and a relevant Guidance Note was issued by the Speaker of the House of Keys in June 2017. In 2018, only one ballot was required, although some felt that that was at the cost of allowing members to vote for an excessive number of candidates (one member voted for 13 candidates out of 15 and another for 11).[4][5]
A motion was proposed in the Keys on 28 January 2020, shortly before the 2020 MLC election, which would have prevented MHKs voting for more candidates than there are places to be filled, but this was rejected.
In 2020, again only one ballot was required, and members voted for an average of about 4 candidates each. In 2023, again only one ballot was required, and members voted for an average of about 5 candidates each.
2016 Review of the Functioning of Tynwald
For many years there has been considerable debate about the functioning of Tynwald, and specifically about the composition, method of election, and functions of the Legislative Council. In the past, a number of reforms were made in the composition of the Legislative Council, which are set out below. In 2016 Lord Lisvane was asked to carry out a review of the functioning of Tynwald.[6] Among his recommendations were:
- Members of the Legislative Council should continue not to be directly elected, but instead should be nominated by an independent Nominations Commission to the House of Keys. No sitting MHK could be nominated.
- The Legislative Council should not vote on taxation or appropriation.
- Only exceptionally should MLCs be ministers.
- The Bishop should continue as an ex officio voting member of the Legislative Council.
However there has been little action to implement these recommendations.
1990 reform and current composition
The Lieutenant Governor was removed as Presiding Officer of Tynwald and replaced by a member of Tynwald elected by the Members of the High Court of Tynwald as President of Tynwald. (Currently only MHKs are electors.) The President of Tynwald is also a member of the Legislative Council and presides at its sittings. The members are thus:
- President of Tynwald
- Attorney General
- Bishop of Sodor and Man
- Eight members elected by the House of Keys
The non-ex officio members are elected by the House of Keys for terms which end at the end of February immediately before the fifth anniversary of their election.
Current membership
| Name | Position | Tenure | Predecessor |
|---|---|---|---|
| Laurence Skelly | President of Tynwald | 2021–2026 | Steve Rodan |
| Peter Eagles | Bishop of Sodor and Man | Since 2017 | Robert Paterson |
| Walter Wannenburgh | Attorney-General | Since 2022 | John Quinn |
| Tanya August-Hanson[a] | Elected members | 2018–2028 | — |
| Paul Craine | 2021–2028 | ||
| Diane Kelsey | |||
| Peter Greenhill | 2020–2025 | ||
| Bill Henderson | |||
| Rob Mercer | |||
| Kerry Sharpe | |||
| Dawn Kinnish | 2023–2028 |
- ^ Elected under the name of Tanya Humbles.
Membership of the council since 1990
| Year | Reason for change | Previous | Candidates |
|---|---|---|---|
| 14 March 2023 | Scheduled election | Tanya August-Hanson Paul Craine Diane Kelsey Marlene Maska | Tanya August-Hanson (elected) Paul Craine (elected) Diane Kelsey (elected) Dawn Kinnish (elected) Marie Birtles Brian Brumby Gary Clueit Kirrie Anne Jenkins Conor Keenan David Prictor Peter Reid |
| January 2022 | Death of John Quinn | ||
| 23 November 2021 | Election of two MLCs as MHKs | Jane Poole-Wilson Kate Lord-Brennan | Paul Craine (elected) Diane Kelsey (elected) Bill Shimmins Corelli Bentham Craig Brown MaryBeth Coll Conor Keenan |
| In 2021 Steve Rodan reached the end of his term as President and was replaced by Laurence Skelly. | |||
| 12 March 2020 | Scheduled election | David Cretney Tim Crookall Bill Henderson Kerry Sharpe | Peter Greenhill (elected) Bill Henderson (elected) Robert Mercer (elected) Kerry Sharpe (elected) |
| Danielle Bell Michelle Haywood Haafizah Hoosen Carole Lillywhite Zahed Miah | |||
| 12 March 2018 | Scheduled election, and casual vacancy by resignation[7] |
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| 2017 | Casual vacancy by resignation | Tony Wild |
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| 2015 | Scheduled election |
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| Note: As on other occasions, the 2015 elections took place over several sessions and many ballots. These candidates did not all take part in all the ballots. For the same reason it would not be useful to give the number of votes cast for each candidate. | |||
| 2013 | Scheduled election |
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| 2011 | Casual vacancy by elevation to President of Tynwald | Clare Christian |
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| 2011 | Casual vacancy by resignation | Noel Cringle |
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| 2011 | Appointment of Attorney General, following resignation | John Corlett QC | Stephen Harding QC |
| 2010 | Scheduled election |
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| 2008 | Scheduled election |
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| 2008 | Appointment of Bishop of Sodor and Man | Graeme Paul Knowles | Robert Paterson |
| 2007 | Casual vacancies by resignation |
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| 2005 | Scheduled election |
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| 2003 | Scheduled election, and casual vacancy by resignation |
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| 2003 | Appointment of Bishop of Sodor and Man, following resignation | Noël Jones | Graeme Knowles |
| 2002 | Casual vacancy by death | Norman Radcliffe |
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| 2000 | Scheduled election |
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| 2000 | Casual vacancy by resignation of the President of Tynwald | Charles Kerruish |
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| 1998 | Appointment of Attorney General, following promotion to First Deemster | Mike Kerruish QC | John Corlett QC |
| 1998 | Scheduled election |
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| 1995 | Scheduled election |
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| 1994 | Casual vacancy by death | W K Quirk |
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| 1993 | Scheduled election |
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| 1990 | Scheduled election |
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Past membership
| Name | Position | Tenure | Replacing |
|---|---|---|---|
| Robert Paterson | Bishop of Sodor and Man | 2008–2016 | Graeme Paul Knowles |
| Stephen Harding QC | Attorney General | 2011–2013 | John Corlett |
| Alan Crowe | Elected member | 1998–2002 | Brian Barton |
| Elected member | 2007–2015 | Leonard Singer | |
| Dudley Butt | Elected member | 2005–2015 | Dominic Delaney |
| Alex Downie | Elected member | 2005–2015 | Ray Kniveton |
| Phil Braidwood | Elected member | 2010–2015 | George Waft |
| Tony Wild | Elected member | 2011–2017 | Clare Christian |
| David Callister | Elected member | 2008–2013 | Pam Crowe |
| Edmund Lowey | Elected member | 1982–2013 | George Swales |
| Leonard Singer | Elected member | 2003–2006 | Alan Crowe |
| Arthur Christian Luft | Attorney General | 1972–1974 | Lay |
| Elected member | 1988–1998 | Ian Anderson | |
| John William Corrin | Attorney General | 1974–1980 | Arthur Luft |
| Thomas William Cain QC | Attorney General | 1980–1993 | Jack Corrin |
| Michael Kerruish QC | Attorney General | 1993–1998 | William Cain |
| John Corlett QC | Attorney General | 1998–2011 | Michael Kerruish |
| Graeme Knowles | Bishop of Sodor and Man | 2003–2008 | Noël Jones |
| Donald Gelling | Elected member | 2002–2007 | Norman Radcliffe |
| Clifford Irving | Elected member | 1987–1995 | Matty Ward |
| Noel Cringle | President of Tynwald | 2000–2011 | Sir Charles Kerruish |
| Sir Charles Kerruish | President of Tynwald | 1990–2000 | Ian Anderson |
| Ian Anderson | Elected member | 1982–1988 | Geoff Crellin |
| President of the Legislative Council | 1988–1990 | Jack Nivison | |
| Elected member | 1990–1993 | New position, 8th elected member | |
| Jack Nivison | Elected member | 1962–1980 | Alfred Teare |
| President of the Legislative Council | 1980–1988 | New position | |
| The Venerable J. Kewley | Archdeacon | 1912–1919 | Unknown |
| Cyril Hughes-Games | Vicar General | 1906–1919 | Unknown |
| Joseph Qualtrough | Elected member | 1919–1933 | New position |
| Joseph Cunningham | Elected member | 1919–1924 | New position |
| R C Cain | Elected member | 1919–1924[clarification needed] | Joseph Cunningham |
| John Robert Kerruish | Elected member | 1919–1924 | New position |
| William Southward | Elected member | 1919–1943 | New position |
| George Drinkwater | Appointee of Lieutenant Governor | 1919–1920 | New position |
| Richard Barton Quirk | Appointee of Lieutenant Governor | 1919–1942 | New position |
| Sir John Bolton | Appointed member | 1962–1970 | John Crellin |
| Elected member | 1971–1979 | Henry Nicholls | |
| G C Gale | Elected member | 1964–1966 | Ewan Farrant |
| Ffinlo Corkill | Elected member | 1966–1974 | G C Gale |
| Major Geoffrey Crellin | Elected member | 1975–1982 | New position |
| Norman Crowe OBE JP | Elected member | 1970–1978 | Cecil McFee |
| Captain John Crellin OBE MC JP | Appointed member | 1943–1962 | Daniel Teare |
| Betty Hanson | Elected member | 1982–1988 | Alfred Simcocks MBE |
| Robert Kerruish | Elected member | 1970–1985 | Unknown |
| Victor Kneale | Elected member | 1974–1981 | Hubert Radcliffe |
| Roy MacDonald | Elected member | 1978–1985 | Norman Crowe |
| Cecil McFee | Unknown | 1962–1971 | Unknown |
| Alec Moore | Elected member | 1979–1985 | William E Quayle |
| Henry Nicholls | Elected member | 1958–1970 | Joseph Callister |
| William E Quayle | Elected member | 1970–1978 | New position |
| Willy Quirk | Elected member | 1987–1993 | Dr Edgar Mann |
| Norman Radcliffe | Elected member | 1985–2002 | Roy MacDonald |
| Percy Radcliffe | Elected member | 1980–1985 | Sir John Bolton |
| Alfred Simcocks MBE | Elected member | 1974–1982 | Ffinlo Corkhill |
| George Swales | Elected member | 1982–1982 | Victor Kneale |
| Matthew Ward | Elected member | 1985–1987 | Alec Moore |
| Arthur Attwell | Bishop of Sodor and Man | 1983–1988 | Vernon Nicholls |
| Noël Jones | Bishop of Sodor and Man | 1989–2003 | Arthur Attwell |
| Vernon Nicholls | Bishop of Sodor and Man | 1973–1983 | Unknown |
| George Moore | First Deemster | 1969–1974 | Unknown |
| Sir Ralph Stevenson GCMG CP JP | Appointed member | 1955–1970 | Unknown |
| William Watson Christian | Unknown | 1848–1867 | Unknown |
| The Rev. William Christian | Unknown | 1883–1887 | Unknown |
| William Quirk | Unknown | 1887–1893 | Unknown |
| William Anderson | Receiver General | 1894–1909 | Unknown |
| John Cowell | Receiver General | 1909–1919 | William Anderson |
| John Goldie-Taubman | Appointed member | 1921–1924 | George Drinkwater |
| Edward Callister | Elected member | 1921–1931 | John Robert Kerruish |
| John Clucas | Appointed member | 1924–1928 | John Goldie-Taubman |
| Frank Dagleish | Elected member | 1931–1946 | Edward Callister |
| Charles Gill | Elected member | 1934–1954 | Arthur Crookall |
| Arthur Crookall | Elected member | 1934–1935 | Joseph Qualtrough |
| Joseph Callister | Elected member | 1946–1958 | Unknown |
| Ewan Farrant | Elected member | 1954–1964 | Unknown |
| Hubert Radcliffe | Unknown | 1963–1974 | Unknown |
Historical composition
Original
The original function of the Legislative Council was executive (i.e. giving advice to the Lieutenant Governor — or Lords of Mann prior to Revestment) and its membership was entirely appointed, as follows:
- Lieutenant Governor
- Bishop of Sodor and Man
- First Deemster
- Second Deemster
- Clerk of the Rolls (Position amalgamated with the First Deemster in 1918.)
- Attorney General
- Receiver General
- Water Bailiff (position dissolved 1885)[8]
- Archdeacon of Sodor and Man
- Vicar General of Sodor and Man (At various times there were two of these.)
Historically the "Comptroller" (a position sometimes held together with another office such as that of Receiver-General) and an "Archdeacon's Official" were also members. Before the Reformation the Council included other prelates, such as the Abbot of Rushen.
The first seven were Crown appointments and the last two appointments by the Bishop. Reforms were slowly made to reduce the number of judicial and religious appointments and these members were slowly replaced by indirectly elected members.
1917 reform
In 1917, the Judicature (Amendment) Act introduced by the Legislative Council removed Clerk of the Rolls from the composition of the Council. It then consisted of the following members:
- Lieutenant Governor
- Bishop of Sodor and Man
- First Deemster
- Second Deemster
- Attorney General
- Receiver General
- Archdeacon of Sodor and Man
- Vicar General of Sodor and Man
1919 reform
In 1919, The Archdeacon; the Vicar General; and the Receiver General were removed as ex officio members of the Council by the Isle of Man Constitution Amendment Act 1919. The members were thus:
- Lieutenant Governor
- First Deemster
- Second Deemster
- Attorney General
- Bishop of Sodor and Man
- Two members appointed by the Lieutenant Governor
- Four members elected by the House of Keys
1961 reform
Increased the number of elected members from four to five.
1965 reform
The Second Deemster lost his seat in the Council. The members were thus:
- Lieutenant Governor
- First Deemster
- Attorney General
- Bishop of Sodor and Man
- Two members appointed by the Lieutenant Governor
- Five members elected by the House of Keys
1969 reform
The Isle of Man Constitution Act 1969 removed the two appointed members of the Legislative Council. The members were thus:[9]
- Lieutenant Governor
- First Deemster
- Attorney General
- Bishop of Sodor and Man
- Seven members elected by the House of Keys
1971 reform
The Isle of Man Constitution Act 1971 removed the Attorney-General's vote, and he no longer counted towards a quorum.
1975 reform
The First Deemster lost his seat in the Council, by virtue of the Isle of Man Constitution (Amendment) Act 1975. The members were thus:
- Lieutenant Governor
- Attorney General
- Bishop of Sodor and Man
- Eight members elected by the House of Keys
1980 reform
The Lieutenant Governor was removed as Presiding Officer and replaced by an indirectly elected President of the Legislative Council. The Governor still presided at joint sittings of Tynwald. The members were thus:
- President of the Legislative Council
- Attorney General
- Bishop of Sodor and Man
- Eight members elected by the House of Keys
References
- ^ "'Sunset Clauses' back in LegCo".
- ^ "Tynwald - Parliament of the Isle of Man - 2016-2021".
- ^ "Tynwald - Parliament of the Isle of Man - Chapter 7 - Making Legislation".
- ^ "Speaker denies voting system lacks principle".
- ^ "Chief Minister: MLC elections". YouTube.
- ^ Review of the Functioning of Tynwald, Isle of Man Government, 19 July 2016
- ^ "12 March 2018 House of Keys Hansard" (pdf). Parliamentary Debates (Hansard). 14. Vol. 134. Isle of Man: House of Keys. 12 March 2018. pp. 699–708.
- ^ "Tynwald - Parliament of the Isle of Man - Legislative Council up to 1919". Archived from the original on 11 June 2020. Retrieved 28 November 2019.
- ^ http://www.tynwald.org.im/business/hansard/19601980/LC-19690603-v0086.pdf [bare URL PDF]
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