Making Legislation
The laws of the Isle of Man, Acts of Tynwald, begin life as Bills. The majority of these Bills are Public Bills, which are Bills that affect everyone. They are normally introduced either by the Government or on the initiative of an individual Member who has been given leave by the House (and where the Bill has financial implications, has obtained Isle of Man Treasury agreement in principle) to introduce the Bill. It is also possible for outside bodies or individuals to petition either the Keys or the Council for leave to introduce Private Bills, which are Bills of a local or personal character. The procedure for considering Bills is essentially the same for each category of Bill.
Before a new law can be enacted it must first be considered by the House of Keys and the Legislative Council. During this process it is known as a Bill. The Bill must pass through a number of stages in each House before being signed in Tynwald Court. Following this the Bill is submitted for Royal Assent. Historically this was given by the Monarch in Council but today most Bills are dealt with by the Lieutenant Governor who is advised by the Ministry of Justice. Once a Bill has received Royal Assent it becomes an Act of Tynwald. The Act commences when it is announced to Tynwald after receiving Royal Assent.
More information about the legislative process can be found here.
From Bill to Act: The Legislative Process
Most Bills begin their passage through Tynwald in the House of Keys, although they may begin in the Legislative Council.
House of Keys
First Reading
The First Reading of a Bill is the initial stage of its consideration. The first reading formally brings the Bill before the House. The Secretary reads the short title of the Bill and states the name of the Member taking the Bill through the House. There is no debate or vote.
Second Reading
The Second Reading of the Bill takes place at a subsequent sitting of the House. At this stage the general principles and ideas behind the Bill are debated, and the Bill is voted on.
After the motion ‘that the Bill be now read a second time’ is carried, the Bill, or some of its clauses, may be referred to a Bill Committee appointed by the House. In this case, once the report of a committee has been considered, the Bill proceeds to the Clauses Stage.
Clauses Stage
At the Clauses Stage the House considers and debates the Bill clause by clause. Amendments may be moved to the clauses and new clauses added. In the House the clauses are considered either individually or in groups on a motion that the clause or clauses "stand part" of the Bill.
At this stage some or all of the clauses may be referred to a committee; the House proceeds with the Bill once it has considered the report of the committee.
When consideration of the clauses of the Bill has been completed, the Bill proceeds to the next stage, the Third Reading, at a subsequent sitting.
Third Reading
At the Third Reading, the Bill, as then agreed by the House, is further debated on a motion ‘that this Bill be now read a third time’. For this motion to be carried at least 13 members of the Keys must vote in favour.
The Bill is then submitted to the Legislative Council for its consideration. The Bill goes through a Principles, Clauses, and Final Stage in the Council, which are similar to their counterparts in the House of Keys. There is an optional Evidence Stage which enables the Legislative Council to take evidence from witnesses on a Bill.
Legislative Council
Principles
At this stage the general principles and ideas behind the Bill are debated, and the Bill is voted on.
The Council move can choose to move the motion "That the Council is in agreement with the general principles of the Bill and that the Bill shall proceed to the Clauses Stage", if this is successful then they will proceed to Clauses two weeks afterwards.
A Member of the Council may choose to move an amendment to add at the end the words “after evidence has been heard”. If this is carried then they proceed to an Evidence Stage at a subsequent sitting.
Evidence Stage (optional)
The Evidence Stage enables Council Members to nominate witness who are then scheduled to appear, by the Clerk of the Council, under the authority of the President, at one or more sittings.
Before any scheduled witness is heard, the Member in charge of the Bill shall move formally “That the Bill do now proceed to the Clauses Stage". After any scheduled witnesses have been heard, the motion is debated.
A Member may move that the motion be adjourned to a specified date to allow for the scheduling or consideration of further evidence, or for any other purpose.
If the motion is carried, the Bill proceeds to the Clauses Stage.
Clauses
At the Clauses Stage the Council considers and debates the Bill clause by clause. Amendments may be moved to the clauses and new clauses added. In the House the clauses are considered either individually or in groups on a motion that the clause or clauses "stand part" of the Bill.
At this stage some or all of the clauses may be referred to a committee; the Council will only proceed with the Bill once it has considered the report of the committee.
When consideration of the clauses of the Bill has been completed, the Bill proceeds to the next stage, the Final Stage, at a subsequent sitting.
Final Stage
At the Final Stage the Member in charge of the Bill shall move “That the Bill do now pass".
Unlike the Third Reading in the Keys, amendments may be moved, but shall not be carried unless they have the support of at least six Members.
If the Bill is amended by the Council it will be returned to the House of Keys for further consideration of the Council Amendments.
Returning to the House of Keys
Council Amendments
If the Council amends the Bill, the amendments are considered by the Keys. At this stage the House may agree, disagree, or amend the Council amendments, or disagree with the amendments, and seek a conference with the Council to resolve the differences between the two Branches. The President of Tynwald presides when there is a conference, which is held in private. If an agreement is reached at the Conference this is reported to the House where the conference agreement may be approved or disapproved.
Where a disagreement cannot be resolved, under the Isle of Man Constitution Act 1961 if a Bill is passed by the House of Keys and rejected by the Council, it may proceed without the agreement of the Council. The power of the Council is therefore ultimately a delaying power.
Signing and Royal Assent
After a Bill has been passed by both the House of Keys and the Legislative Council it must be signed by at least five members of the Council and thirteen members of the Keys in Tynwald Court before it may be submitted for Royal Assent. The Royal Assent is now commonly given to Bills by the Lieutenant Governor acting on behalf of the Crown but the Crown reserves the right to determine whether Royal Assent should be given to any particular Bill.
Promulgation
There remains one final procedure. An Act of Tynwald must be promulgated (read out in Manx and English) within 18 months on Tynwald Hill, St. John's, or it ceases to have effect.
Where to find Isle of Man legislation
Primary Legislation - Acts of Tynwald
Acts of Tynwald are passed by the Branches of Tynwald – the House of Keys and the Legislative Council – and require the Assent of His Majesty in Council, though this is usually given by the Lieutenant Governor on His Majesty’s behalf.
Primary Legislation - Bills
Bills are proposed laws under consideration by the House of Keys and Legislative Council.
Secondary Legislation - Statutory Documents
Secondary legislation, also known as subordinate legislation is made under the authority of primary, enabling, legislation. This means that when the primary legislation was made some of the details were omitted, for example primary legislation may make provision for income tax to be charged but would leave out the levels of contribution so that these could be altered when required. The Isle of Man secondary legislation is made by way of Statutory Documents which may require approval by Tynwald. UK secondary legislation made by way of Statutory Instruments may also be applied to the Isle of Man.
Secondary Legislation - Government Circulars
Up to 1993, Government Circulars included statutory documents such as regulations, extra-statutory documents such as tax concessions, and public notices such as road closures.