Procedure

Procedure in the Legislative Council is controlled by the President of Tynwald in accordance with the Standing Orders of the Legislative Council.

The Legislative Council sits on such days as determined by the President of Tynwald.[i] However, from the fourth Tuesday in October to the last Tuesday in June, the Council normally sits each Tuesday from 10.00am until the conclusion of its business. On the third Tuesday of the month it sits in Tynwald Court together with the House of Keys. Members must attend all sittings unless they have been granted leave of absence by the President.[ii]

Before a sitting, Members, and any members of the public attending,[iii] take up their seats ahead of the arrival of the President of Tynwald and the Clerk of the Legislative Council.[iv] The Clerk and President proceed into the Chamber; all present stand until the President is in his or her place, after which the Lord Bishop leads the Members in prayers.[v]

Members address all remarks to the President,[vi] who controls proceedings, invoking Standing Orders as necessary, but there is a degree of informality as may be expected in an assembly with a small number of Members.

Business of the Branch

The business to be dealt with is set out on an Order Paper.[vii] These are ordinarily made available to the public in the Welcome Area, the Tynwald website, and on the sitting day in the Chambers entrance lobby.

As of 1^st October 2021, Order Papers are circulated to Members at least five days before the sitting, with business for the sitting being submitted to the Clerk of the Council at least seven days before the sitting. Any items of business which do not appear on the Order Paper may only be considered with the leave of the Council.[viii]

The Legislative Council is largely concerned with the consideration of primary legislation, but on occasion the sitting may begin with tabled Questions.

Bills may originate in the House of Keys or the Legislative Council, but the former is more common. Bills that deal with law reform occasionally originate in the Council, as they are often initiated by the Attorney General.[ix]

Bills used to be considered in the same four stages as in the House of Keys: First Reading, Second Reading, Consideration of Clauses and Third Reading. However, Standing Orders were amended in March 2021 to reform the structure and process of a Bill’s passage through the Chamber. From 1^st October 2021, Bills are considered in the following stages: Principles Stage, an optional Evidence Stage, Clauses Stage and Final Stage.[x]

Each of these Stages, and each clause or group of clauses during the Clauses Stage, must be carried by a simple majority of voting Members present. The Council may refer a Bill in its entirety, or specific clauses or schedules alone, to a Select Committee for greater consideration at any point during these Stages.[xi]

At the end of a debate on a motion, the President puts the motion to the Council. The Members say firmly together either ‘Aye’ or ‘No’ and the President announces the result on the basis of the oral response.[xii] Any Member may call for a division immediately after the President’s first intimation of the result. The Clerk of the Council will then call on each Member by name to say ‘for’ or ‘against’ and records the votes.[xiii] The Attorney General does not vote and the President has only a casting vote.[xiv]

Other motions and statements, though rare, may also occur.

Unlike the House of Keys, the Legislative Council is never dissolved, meaning that its business does not terminate. It can continue to sit and may consider Bills sent to it by the dissolved House of Keys. However, a Bill considered by the Council after the dissolution of the Keys has to be reconsidered by the new House of Keys before it can be signed in Tynwald.

Records

The Clerk keeps a record of the motions and any amendments moved, and whether or not these are approved. This information is issued as Votes and Proceedings.

An ‘essentially verbatim’ record of the proceedings, known as ‘Hansard’, is produced by staff in the Office of the Clerk of Tynwald. As soon as sufficient text is ready for publication it is made available on the Tynwald website.

Since 2014, the proceedings of the Chamber have been livestreamed via the Tynwald website. The audio files are published on the website soon after the sitting.

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[i] Standing Orders of the Legislative Council, 1.1

[ii] Standing Orders of the Legislative Council, 3.1

[iii] Standing Orders of the Legislative Council, 3.11

[iv] Standing Orders of the Legislative Council, 3.2

[v] Standing Orders of the Legislative Council, 3.4

[vi] Standing Orders of the Legislative Council, 3.10(1)

[vii] Standing Orders of the Legislative Council, 2.1-2.2

[viii] Standing Orders of the Legislative Council, 2.1

[ix] Recent example: Statute Law Revision Bill 2024.

[x] Standing Orders of the Legislative Council, 4.3

[xi] Standing Order of the Legislative Council, 4.3(3)

[xii] Standing Orders of the Legislative Council, 3.8(1)

[xiii] Standing Orders of the Legislative Council, 3.8(2)

[xiv] Standing Orders of the Legislative Council, 3.8(3)-(4)

This section outlines the roles associated with the Legislative Council. Details of former and current postholders may be found here.

The constitution of the Legislative Council is set out in section 7 of the Isle of Man Constitution Amendment Act 1919, which was substantially amended by the Law Officers Act 2014. Subsection 1 provides the membership of the Council:

(a)        the President of Tynwald;

(b)        the Bishop and the Attorney General; and

(c)        eight members elected by the House (whether from their own membership or others) (“elected members”).

The Bishop and the eight elected Members have a vote, while the President has a casting vote. The Attorney General cannot vote and his or her presence at sittings does not count towards the quorum of the Council.

The President

The President of Tynwald is elected by and from Tynwald, serving for a period of five years.[i] He or she presides over sittings of both Tynwald Court and the Legislative Council.[ii]

The President, as the presiding officer, is responsible for controlling the procedure of the Council and for the authoritative interpretation of its Standing Orders. The President usually remains impartial but in the case of a tied vote on a division does have a casting vote.

Elected Members

The eight indirectly elected Members of the Legislative Council (‘MLCs’) carry out the work of the Council, debating and voting on primary legislation and occasionally asking and answering Questions.

Like MHKs, MLCs can take on roles within the Isle of Man Government and serve on Committees of Tynwald.

MLCs do not formally represent constituencies in the same way as Members of the House of Keys. Nevertheless, MLCs are able to act as an alternative conduit for public concern and in a similar advocacy-type role on behalf of individuals and groups.

The Lord Bishop of Sodor and Man

The Bishop of the Church of England Diocese of Sodor and Man occupies their seat on the Legislative Council by virtue of their position (ex officio) for as long as they hold office. The Bishop may both speak and vote.

The Attorney General

HM Attorney General occupies their seat on the Legislative Council by virtue of their position (ex officio) for as long as they hold office. The Attorney General may speak but not vote.[iii]

The Clerk of the Legislative Council

The Clerk of the Legislative Councilis responsible for advising the presiding officer and other Members on the business of the Council and on the interpretation of its Standing Orders.

The following are the duties of the Clerk of the Legislative Council as per the Standing Orders of the Legislative Council:

(1)          The Clerk of the Council shall keep the Minutes of the Proceedings of the Council and of committees of the Council.

(2)          The Minutes shall record the names of the Members attending and all decisions of the Council and of committees of the Council.

(3)          In the case of a division of the Council or a committee of the Council, the Minutes shall include the numbers voting for and against the question, and the names of the Members so voting.

(4)          The Clerk shall be responsible for the custody of the records, Bills and other documents laid before the Council, which shall be open to inspection by Members of the Council and other persons under such arrangements as may be sanctioned by the President.[iv]

By convention, the Clerk of the Legislative Council takes the Affirmation of Allegiance and Affirmation of Office on appointment. This is administered by the First Deemster and Clerk of the Rolls.

[i] Constitution Act 1990, sections 2-3

[ii] Constitution Act 1990, section 4

[iii] Isle of Man Constitution Act 1971; Standing Orders of the Legislative Council, 3.8(4)

[iv] Standing Orders of the Legislative Council, 6.2

Eight Members of the Legislative Council are elected by the Members of the House of Keys for terms which end on the last day of February following the fourth anniversary of their election.[i] Each term is for a maximum of five years but can be less if a Member does not complete a full term for any reason. Any Member elected to fill a casual vacancy will serve only for the remainder of the term of the Member they have replaced.[ii] The Members are elected in two groups of four in different years.

The process by which Members of the House of Keys elect Members of the Legislative Council is provided for in the Standing Orders of the House of Keys. More information can be found here.

New Members of the Legislative Council

Newly elected Members of the Legislative Council must enrol their commissions or certificates of appointment in the General Registry, and take the oaths of fidelity to His Majesty and an oath for the performance of their duties.[iii] The oaths must be sworn before a Member may take up their seat, regardless of whether they have taken them before in assuming present or past official or elected positions.

The practice is that the First Deemster and Clerk of the Rolls calls on the Member to take the oaths, administers the oaths to the Member, and witnesses the signature of the Member in the ‘Liber Juramentorum’, or Book of Oaths, which holds the details of all people who have been sworn into public office and taken the oaths since 1775. The President is given a copy of the warrant of election, then welcomes the new Member, and presents him or her with a copy of the Standing Orders of the Legislative Council. The Member is then escorted to his or her seat.

A short ceremony for taking the oaths may occur in private in the Deemster’s Chambers. More recent practice has seen it carried out in public in the Legislative Council Chamber, allowing for family and supporters to witness it. The First Deemster and Clerk of the Rolls is accompanied by the Chief Registrar who brings the present volume of the Liber Juramentorum.

The oath is:

 I, (full name), do swear by Almighty God that I will be faithful and bear true allegiance to His Majesty King Charles III, his heirs and successors.

So help me, God.

You shall well and truly serve as a member of the Legislative Council of this Isle, according to the statute in that case made and provided. You shall use your best endeavours to maintain the laws and customs of this Isle, and shall justly and truly deliver your opinion and do right in all matters which shall be put unto you, without favour or affection, affinity or consanguinity, love or fear, reward or gain, or for any hope thereof, but in all things you shall deal uprightly and justly and do wrong to no man.

So help you, God.

The affirmation is:

I, (full name), do solemnly, sincerely and truly affirm and declare that I will be faithful and bear true allegiance to His Majesty King Charles III, his heirs and successors.

You do solemnly and sincerely affirm and declare that you shall well and truly serve as a Member of the Legislative Council of this Isle according to the statute in that case made and provided. You shall use your best endeavours to maintain the laws and customs of this Isle, and shall justly and truly deliver your opinion and do right in all matters which shall be put unto you, without favour or affection, affinity or consanguinity, love or fear, reward or gain or for any hope thereof, but in all things you shall deal uprightly and justly, and do wrong to no man.

The oath may also be taken in Manx:

Ta mish (full name) loo liorish Jee Ooilley-niartal dy bee’m firrinagh as dy feer ammyssagh da e Ooashley Reeoil Y Trass Ree Charles, Chiarn Vannin.

As ayns shoh dy gooin Jee lhiam.

Nee oo dy mie as dy firrinagh shirveish myr Oltey jeh Coonceil Slattyssagh yn Ellan shoh cordail rish yn Clattys jeant as currit magh ayns y chooish shen. Gys rere dty phooar nee oo cummal seose Leighyn as Cliaghtaghyn yn Ellan shoh, as nee oo dy cairagh as dy firrinagh dty vriwnys y livrey, as cairys y yannoo ayns dy chooilley chooish hed er soiaghey kiongoyrt rhyt, gyn foayr ny kenjallys, gyn cleunys ny mooinjerys, gyn graih ny aggle, gyn 'leagh ny cosney ny jerkal erbee rish Iheid y red shen, agh ayns dy chooilley nhee nee oo dellal dy ynrick as dy cairagh, gyn aggair y yannoo da dooinney erbee.

As ayns shoh dy gooin Jee lhiat.

As may the affirmation:

Ta mish, [full name], dy ynrick, dy creeoil as dy firrinagh gra as fockley magh dy bee’m firrinagh as dy feer ammyssagh da E Ooashley Reeoil y Trass Ree Charles, Chiarn Vannin.

T’ou uss dy ynrick as dy creeoil gra as fockley magh dy jean oo dy mie as dy firrinagh shirveish myr Oltey jeh Coonceil Slattyssagh yn Ellan shoh cordail rish yn Clattys jeant as currit magh ayns y chooish shen.

Gys rere dty phooar nee oo cummal seose Leighyn as Cliaghtaghyn yn Ellan shoh, as nee oo dy cairagh as dy firrinagh dty vriwnys y livrey, as cairys y yannoo ayns dy chooilley chooish hed er soiaghey kiongoyrt rhyt, gyn foayr ny kenjallys, gyn cleunys ny mooinjerys, gyn graih ny aggle, gyn leagh ny cosney ny jerkal erbee rish lheid y red shen, agh ayns dy chooilley nhee nee oo dellal dy ynrick as dy cairagh, gyn aggair y yannoo da dooinney erbee.

After taking the oath or affirmation, each Member signs the Tynwald Members’ Required Standards of Conduct and Code of Conduct.

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[i] Isle of Man Constitution Amendment Act 1919,section 10(a)

[ii] Isle of Man Constitution Amendment Act 1919,section 10(b)

[iii] Standing Orders of the Legislative Council, 6.1