External Relations of The Isle of Man - Intervention of The United Kingdom

Intervention of The United Kingdom

The Parliament of the United Kingdom has paramount power to legislate for the Isle of Man on all matters but it is a long-standing convention that it does not do so on domestic ('insular') matters without Tynwald's consent. The mechanism by which the Crown normally applies UK legislation is the Privy Council.

To extend UK legislation in this way, it would first require a 'permissive extent clause', which takes the following form:

Her Majesty may, by Order in Council, direct that any provision of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to the Isle of Man

Alternatively, the Act of Parliament can directly state that some or all of it extends to the Isle of Man.

This Act extends only to the Isle of Man —The Statute Law Revision (Isle of Man) Act 1991 (An Act of Parliament)

However, the convention of obtaining consent is only moral, not legal. Tynwald requested that the Kilbrandon Commission on the Constitution (1969–73) propose that the convention be enshrined in 'strict law', but this suggestion was rejected – partly because the UK Parliament could not make such a law binding on its successors.

Occasionally, the UK Parliament acts against the wishes of Tynwald – the most recent example being the Marine etc. Broadcasting (Offences) Act 1967, which banned pirate radio stations from operating in Manx waters. Legislation to accomplish this was defeated on its second reading in Tynwald, promoting Westminster to legislate directly.

This power of the UK Parliament is an ancient consequence of the Lord of Mann's feudality beneath the English Crown, and not a consequence of revestment. An early example of the English Parliament legislating for the Isle of Man was the Bishoprics of Chester and Man Act 1541.

Within the British Government, the Secretary of State for Justice has prime responsibility as Privy Counsellor for Manx Affairs, and Manx affairs are handled by the Ministry of Justice. Before 2001 the Home Office had this responsibility.

The UK Government justifies this ability to intervene in Manx affairs by pointing to the responsibility of the British Crown for the 'good government' of Man. This was the subject of a written exchange on 3 May 2000 in the House of Lords. In response to a Written Question by Baroness Strange enquiring as to the meaning and scope of the Crown's responsibility for the good government of the Crown Dependencies, Lord Bach, for the Government, replied 'The Crown is ultimately responsible for the good government of the Crown Dependencies. This means that, in the circumstances of a grave breakdown or failure in the administration of justice or civil order, the residual prerogative power of the Crown could be used to intervene in the internal affairs of the Channel Islands and the Isle of Man. It is unhelpful to the relationship between Her Majesty's Government and the Islands to speculate about the hypothetical and highly unlikely circumstances in which such intervention might take place.' If the UK Parliament was unable to impose legislation upon the Isle of Man it would have 'responsibility without power'.

In addition to this, the Kilbrandon Commission was firmly of the view that Parliament does have power to legislate for the Islands without their consent on any matter in order to give effect to an international agreement which the UK may have made on behalf of the Crown Dependencies. The Kilbrandon Commission went on to make the point that, if Parliament can legislate for the Isle of Man at all, about which there was no doubt, then surely this power knows no bounds - if Parliament can legislate, it can legislate in whatever area it chooses; this is, after all, implicit in the notion of the sovereignty of Parliament.

The UK's secondary legislation (regulations and Statutory Instruments) currently cannot be extended to apply to the Isle of Man because there is no piece of primary legislation on the UK statute books that would allow for this.

The Isle of Man is subject to certain European Union laws, by virtue of a being a territory for which the UK has responsibility in international law. These laws are those for areas not covered by the Protocol 3 opt-out that the UK included for the Isle of Man in its accession treaty - the areas excluded being free movement of persons, services and capital and taxation and social policy harmonisation. The exact extent by which EU law extends to Crown Dependencies is however unclear (see Rui Alberto Pereira Roque v. Lieutenant Governor of Jersey, E.C.R. I-4607)

The Isle of Man has had several disputes with the European Court of Human Rights because it was late to change its laws concerning birching (corporal punishment) and sodomy.