The role of Tynwald and the Coronavirus Pandemic

Part of the role of Tynwald Court is to enact legislation and to approve expenditure. This may be routine but can also include the creation of emergency legal powers that the government decides it needs to seek.  

Sittings of Tynwald Court and the Branches

A virtual Chamber was tested and first used for the Tynwald sitting Friday 3rd April 2020 and continued until June 2020 following the announcement that social distancing measures were to be relaxed in the Isle of Man.

Use of a virtual Chamber resumed in January 2021 through to April 2021.​

The right to table Questions for written and oral answer remained throughout the virtual sittings; however, the presiding officers encouraged Members to think carefully about the burden on Government staff created by the tabling and answering of Questions. As an aid to scrutiny of Government actions during the COVID-19 emergency, each Tynwald sitting began with opportunities for Ministers to make statements (on which Members were able to ask questions). This was intended to remove any requirement for Urgent Questions.

The presiding officers encouraged parliamentary Committees to continue their inquiries remotely and again to take into account pressure on staff when seeking evidence from Government Departments.

Legislation

In response to the COVID-19 pandemic, the Isle of Man Government passed secondary legislation under the following Acts of Tynwald:

  1. Emergency Powers Act 1936
  2. Emergency Powers (Amendment) Act 2020
  3. Financial Provisions and Currency Act 2011
  4. Interpretation Act 2015
  5. Public Health Act 1990

A full list of the original versions of secondary legislation made under these Acts of Tynwald can be found here on the Tynwald website.

To assist readers, a consolidated version of the secondary legislation can also be found online at Legislation.gov.im. This shows the legislation as it is amended and includes endnotes explaining the source of any amendments.

Legislation relating to COVID-19 has also been made under the following Acts –

  • Social Security Act 2000
  • Social Security Contributions and Benefits Act 1992 (as that Act has effect in the Isle of Man)
  • Government Departments Act 1987
  • Audit Act 2006

COVID-19 related social security legislation can be found online​.  

Tynwald Day

​The President of Tynwald at the time of the pandemic, The Hon S C Rodan OBE MLC, announced in May 2020 that the Tynwald Day Ceremony would take place at St John’s on 6th July, albeit in a considerably modified form. In order to comply with social distancing guidelines, there was a necessary reduction in the number of people who could take part in the Ceremony, but essential elements of the Ceremony remained.​ Click here to read more on our Tynwald​ Day pages.

The Emergency Powers (Amendment) Act 2020

The Emergency Powers (Amendment) Act 2020 has received Royal Assent, and has made a number of changes to the Emergency Powers Act 1936. Professor Edge has issued a post about the changes which can be viewed here.

Regulations

Professor Edge has also produced a series of posts explaining various Regulations under the Emergency Powers Act 1936, and related issues - click here.

Approval of Government Medium-Term and Long-Term Response

In May 2020, Tynwald approved the Isle of Man Government Medium Term Response to COVID-19. This document provided a timeline of the Government's response to the coronavirus pandemic from March to April 2020, covering health, the economy, and Manx society. It also outlined the Government's intended approach moving forward, with revised policy principles as the number of COVID-19 cases on the Island decreased. In January 2021, Tynwald voted to reaffirm these principles. These principles were:

  1. Protection of life
  2. Maintain critical national infrastructure
  3. Maintain public safety, confidence & welfare
  4. Support a controlled return to normality, balancing social, economic & health impacts

In November 2020, Tynwald voted to receive the document, Stay Responsible: The Isle of Man Government's long term framework for COVID-19. This document provided instructions to the public on how to remain responsible following the relaxation of social distancing rules, offered guidance on potential changes as the situation evolved, and outlined the actions the Government was taking to stay prepared.

Independent review of Government's handling of COVID-19 pandemic

In November 2021, Tynwald voted to commission an independent review into the Isle of Man Government's handling of the COVID-19 pandemic. Tynwald also voted to support the Public Accounts Committee's proposal that Tynwald waive privilege in relation to any evidence relating to the COVID-19 pandemic held by PAC and Tynwald Policy Review Committees, and resolved that such evidence may be provided on terms decided by the relevant Committee to an independent review if requested.

The Independent Isle of Man Covid Review Report, written by Kate Brunner KC and her review team, was published in January 2024. This was debated by Tynwald in April 2024, along with the Council of Ministers' Early Assessment of the Report's Recommendations. The Council of Ministers' Further Response was debated in Tynwald in July 2024.

Emergency Powers

The Emergency Powers (Amendment) Act 2020

The Emergency Powers (Amendment) Act 2020 has received Royal Assent, and has made a number of changes to the Emergency Powers Act 1936. Professor Edge has issued a post about the changes which can be viewed here.

Regulations

Professor Edge has also produced a series of posts explaining various Regulations under the Emergency Powers Act 1936, and related issues - click here.

Directions

Emergency Proclamation

On Tuesday 16th March 2020 a proclamation by the Governor in Council was signed. This proclaimed a state of emergency under Manx law by the Lieutenant Governor. Professor of Law, Peter Edge has written a blog post explaining this unusual legislative process.

Our thanks go to Professor Peter Edge for allowing us to reproduce this text.  

The Emergency Proclamation: An explainer.

The state of emergency proclamation is made under the Emergency Powers Act 1936, an Act of Tynwald. The Governor in Council has exercised his powers under s.3 on the basis that “there is a pandemic of Coronavirus … it appears that there is a threat of that disease affecting the Island and causing serious damage to human health on, and the economic well-being of the Island”. The proclamation of emergency may not be in force for more than one month, although it may be renewed before the end of that period (s.3(2)). Showing the age of the legislation, the proclamation has to “forthwith be sent by prepaid post to each member of Tynwald” (s.3(4)).

The finding upon which the Governor exercised his power falls within the damage to human welfare head of the statutory definition of emergency (s.2A). The threat of serious damage to human health is a reference to loss of human life (s.2A(2)(a)), and human illness (s.2A(2)(b)). Economic well-being is less clearly a ground for invoking emergency powers, but may be intended to refer to the risk of homelessness (s.2A(2)(c)), damage to property (ibid, (d)), disruption of supply of money, food, water, energy or fuel (ibid, (e)), disruption of communications or transport (ibid, (f) and (g)), or disruption of services relating to health (ibid, (h)).

The Emergency Proclamation allows the Governor in Council to “make regulations for securing the essentials of life to the community and for the protection of the economic position of the community”. They may confer “on any persons in the employ of the public service of the Isle of Man such powers and duties as the Governor in Council may deem necessary for the preservation of peace, for securing and regulating the supply and distribution of food, water, fuel, light and other necessities for maintaining the means of transport, communications and the supply of services and for any other purposes essential to the public safety and the life of the community” (s.4(1)).

The regulations can create criminal offences, triable by a High Baliff or other person appointed by the Governor, with a fine, imprisonment for three months, and forfeiture of “any goods or money in respect of which the offence has been committed” (s.4(3). No regulation may alter existing criminal procedure, or impose punishment without trial (s.4(3)). This is tremendously wide ranging, the only explicit limit on the regulations being a prohibition on criminalising taking part in a lock-out or strike, or peacefully persuading others to do so.

There is an element of democratic control. The regulations must be laid before Tynwald within seven days of being made, and shall cease to have effect seven days after being made unless approved by Tynwald (s.4(2)). Ceasing to have effect does not mean that the regulations were invalid – so for instance a fine imposed under the regulations will remain in effect (s.4(4)).

In 2011 a report of the Council of Ministers recommended updating the Island’s emergency powers legislation. The 1936 legislation is very similar to the English Emergency Powers Act 1920, both procedurally and in terms of the range of regulations, but the 1920 legislation prohibited regulations amounting to compulsory military service or industrial conscription. The 1920 legislation was used 12 times between 1921 and 1973, in each case to deal with industrial disputes. The 2011 report of the Council of Ministers identifies a number of other emergency powers vested in the Governor, but it is striking that a number of them are based on national emergencies due to a state of war “or international disturbance”. Using these powers in relation to Corvid-19 may require a purposive interpretation of “international disturbance” which is not obvious from the legislation.

Updated 24/03/2020

Original source: https://edgelawblog.wordpress.com/2020/03/18/the-emergency-proclamation-an-explainer/

Standing Committee of Tynwald on Public Accounts Emergency Scrutiny Reports

Learn More