Legislative Council of the Isle of Man

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]

Legislative Council

Yn Choonceil Slattyssagh
Type
Type
Leadership
Structure
Seats11
Political groups
  •      Independent (8)
  •      Ex officio (3)
Elections
Indirect election
Website
www.tynwald.org.im/council
Isle of Man
This article is part of a series on the
politics and government of
the Isle of Man

It consists of eleven members (MLCs):

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 (until recently the last Act originating from the Council was the Sharing of Church Buildings Act 1986). Instead, it reviews draft legislation originating from 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.

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 is removed as Presiding Officer of Tynwald and replaced by a member of Tynwald elected by the Members of the Court (i.e. the High Court of Tynwald) as President of Tynwald. 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
Steve RodanPresident of Tynwald2016–2021Clare Christian
Peter EaglesBishop of Sodor and ManSince 2017Robert Paterson
John Quinn Acting Attorney General 2013–2017 Stephen Harding
Attorney General Since 2017
Jane Poole-Wilson Elected members 2018–2023 N/A
Tanya August-Hanson[lower-alpha 1]
Kate Lord-Brennan
Marlene Maska[lower-alpha 2]
Peter Greenhill 2020–2025
Bill Henderson
Rob Mercer
Kerry Sharpe
  1. Elected under the name of Tanya Humbles.
  2. Elected under the name of Marlene Hendy.

In marked contrast to tradition, all five members elected in March 2018 were women.

Membership of the council since 1990
Year Reason for change Previous Candidates
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]
  • Michael Coleman
  • Geoff Corkish
  • Jane Poole-Wilson
  • Juan Turner
  • Tanya Humbles (now Tanya August-Hanson)(elected)
  • Marlene Hendy (now Marlene Maska)(elected)
  • Kate Lord-Brennan (elected)
  • Jane Poole-Wilson (elected)
  • David Anderson (resigned, term ending Feb 2020)
  • Kerry Sharpe (elected)
  • Kevin Cartledge
  • Shirley Ellen Corlett
  • Andrea Chambers
  • Richard Furner
  • Andrew Hardy
  • Juan Kelly
  • Dawn Joughin
  • Alistair Ramsay
  • John Skinner
  • Christine Wheeler
2017 Casual vacancy by resignation Tony Wild
  • Jane Poole-Wilson (elected)
  • Paul Beckett
  • Alan Wright
2015 Scheduled election
  • Phil Braidwood
  • Dudley Butt
  • Alan Crowe
  • Alex Downie
  • David Anderson (elected)
  • David Cretney (elected)
  • Tim Crookall (elected)
  • Bill Henderson (elected)
  • Paul Beckett
  • Phil Braidwood
  • Christopher Kinley
  • Thomas Moyle
  • Adrian Tinkler
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
  • Michael Coleman (elected)
  • Geoff Corkish (elected)
  • Juan Turner (elected)
  • Tony Wild (elected)
  • Linda Bowers-Kasch
  • Peter Hill
  • Nigel Malpass
2011 Casual vacancy by elevation to President of Tynwald Clare Christian
  • Tony Wild, 16 votes (elected)
  • Brian Rae, 5 votes
2011 Casual vacancy by resignation Noel Cringle
2011 Appointment of Attorney General, following resignation John Corlett QC Stephen Harding QC
2010 Scheduled election
  • Phil Braidwood (elected)
  • Dudley Butt (elected)
  • Alan Crowe (elected)
  • Alex Downie (elected)
2008 Scheduled election
2008 Appointment of Bishop of Sodor and Man Graeme Paul Knowles Robert Paterson
2007 Casual vacancies by resignation
  • Charles Cain
  • Peter Kelly
  • John Lightfoot
  • David Moore
  • David Owens
  • Richard Radcliffe
  • Leonard Singer
2005 Scheduled election
  • Dominic Delaney
  • Howard Parkin
2003 Scheduled election, and casual vacancy by resignation
  • St John Bates
  • Andrew Roy
  • Roger Watterson
2003 Appointment of Bishop of Sodor and Man, following resignation Noël Jones Graeme Knowles
2002 Casual vacancy by death Norman Radcliffe
2000 Scheduled election
  • Dominic Delaney (elected)
  • Edgar Mann (elected)
  • Norman Radcliffe (elected)
  • George Waft (elected)
2000 Casual vacancy by resignation of the President of Tynwald Charles Kerruish
1998 Appointment of Attorney General, following promotion to First Deemster Mike Kerruish QC John Corlett QC
1998 Scheduled election
  • Charles Cain
  • Andrew Douglas
  • Adrian Duggan
  • Robert Quayle
  • Richard Radcliffe
1995 Scheduled election
  • Arnold Callin
  • Edward Clifford Irving
  • Norman Radcliffe
  • George Waft
  • Dominic Delaney (elected)
  • Edgar Mann (elected)
  • Norman Radcliffe (elected)
  • George Waft (elected)
  • Other nominations unknown
1994 Casual vacancy by death W K Quirk
  • George Waft (elected)
  • Other nominations unknown
1993 Scheduled election
  • Brian Barton, 15 votes (elected)
  • Clare Christian, 17 votes (elected)
  • Edmund Lowey, 14 votes (elected)
  • Arthur Luft, 16 votes (elected)
  • Norman Butler, 7 votes
  • J A S Christian, 8 votes
  • Charles Cain, 6 votes
  • R B M Quayle, 8 votes
  • R Rawcliffe, 5 votes
1990 Scheduled election
  • Mr Callin
  • Mr Irving
  • Mr Quirk
  • Mr Radcliffe
  • Arnold Callin (elected)
  • Edward Clifford Irving (elected)
  • Norman Radcliffe (elected)
  • W K Quirk (elected)
  • John Callister Clucas
  • Dominic Delaney
  • A C Duggan
  • David Moore

Past membership
Name Position Tenure Replacing
Robert PatersonBishop of Sodor and Man2008–2016Graeme Paul Knowles
Stephen Harding QCAttorney General2011–2013John Corlett
Alan Crowe Elected member 1998–2002 Brian Barton
Elected member 2007–2015 Leonard Singer
Dudley ButtElected member2005–2015Dominic Delaney
Alex DownieElected member2005–2015Ray Kniveton
Phil BraidwoodElected member2010–2015George Waft
Tony WildElected member2011–2017Clare Christian
David CallisterElected member2008–2013Pam Crowe
Edmund LoweyElected member1982–2013George Swales
Leonard SingerElected member2003–2006Alan Crowe
Arthur Christian Luft Attorney General 1972–1974 Lay
Elected member 1988–1998 Ian Anderson
John William CorrinAttorney General1974–1980Arthur Luft
Thomas William Cain QCAttorney General1980–1993Jack Corrin
Michael Kerruish QCAttorney General1993–1998William Cain
John Corlett QCAttorney General1998–2011Michael Kerruish
Graeme KnowlesBishop of Sodor and Man2003–2008Noël Jones
Donald GellingElected member2002–2007Norman Radcliffe
Clifford IrvingElected member1987–1995Matty Ward
Noel CringlePresident of Tynwald2000–2011Sir Charles Kerruish
Sir Charles KerruishPresident of Tynwald1990–2000Ian 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. KewleyArchdeacon 1912–1919Unknown
Cyril Hughes-GamesVicar General 1906–1919Unknown
Joseph QualtroughElected member1919–1933New position
Joseph CunninghamElected member1919–1924New position
R C CainElected member1919–1924Joseph Cunningham
John Robert KerruishElected member1919–1924New position
William SouthwardElected member1919–1943New position
George DrinkwaterAppointee of Lieutenant Governor1919–1920New position
Richard Barton QuirkAppointee of Lieutenant Governor1919–1942New position
Sir John Bolton Appointed member 1962–1970 John Crellin
Elected member 1971–1979 Henry Nicholls
G C GaleElected member1964–1966Ewan Farrant
Ffinlo CorkillElected member1966–1974G C Gale
Major Geoffrey CrellinElected member1975–1982New position
Norman Crowe OBE JPElected member1970–1978Cecil McFee
Captain John Crellin OBE MC JPAppointed member1943–1962Daniel Teare
Betty HansonElected member1982–1988Alfred Simcocks MBE
Robert KerruishElected member1970–1985Unknown
Victor KnealeElected member1974–1981Hubert Radcliffe
Roy MacDonaldElected member1978–1985Norman Crowe
Cecil McFeeUnknown1962–1971Unknown
Alec MooreElected member1979–1985William E Quayle
Henry NichollsElected member1958–1970Joseph Callister
William E QuayleElected member1970–1978New position
Willy QuirkElected member1987–1993Dr Edgar Mann
Norman RadcliffeElected member1985–2002Roy MacDonald
Percy RadcliffeElected member1980–1985Sir John Bolton
Alfred Simcocks MBEElected member1974–1982Ffinlo Corkhill
George SwalesElected member1982–1982Victor Kneale
Matthew WardElected member1985–1987Alec Moore
Arthur AttwellBishop of Sodor and Man1983–1988Vernon Nicholls
Noël JonesBishop of Sodor and Man1989–2003Arthur Attwell
Vernon NichollsBishop of Sodor and Man1973–1983Unknown
George MooreFirst Deemster1969–1974Unknown
Sir Ralph Stevenson GCMG CP JPAppointed member1955–1970Unknown
William Watson ChristianUnknown1848–1867Unknown
The Rev. William ChristianUnknown1883–1887Unknown
William QuirkUnknown1887–1893Unknown
William AndersonReceiver General1894–1909Unknown
John CowellReceiver General1909–1919William Anderson
John Goldie-TaubmanAppointed member1921–1924George Drinkwater
Edward CallisterElected member1921–1931John Robert Kerruish
John ClucasAppointed member1924–1928John Goldie-Taubman
Frank DagleishElected member1931–1946Edward Callister
Charles GillElected member1934–1954Arthur Crookall
Arthur CrookallElected member1934–1935Joseph Qualtrough
Joseph CallisterElected member1946–1958Unknown
Ewan FarrantElected member1954–1964Unknown
Hubert RadcliffeUnknown1963–1974Unknown

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:

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
  1. https://www.manxradio.com/news/isle-of-man-news/sunset-clauses-back-in-legco/
  2. http://www.tynwald.org.im/business/bills/Pages/2016-2021.aspx
  3. http://www.tynwald.org.im/links/tls/TC/Pages/C7.aspx#C7b
  4. http://www.manxradio.com/news/manx-gaelic/speaker-denies-voting-system-lacks-principle1/
  5. https://www.youtube.com/watch?v=NiDvBZCPQOQ
  6. Review of the Functioning of Tynwald, Isle of Man Government, 19 July 2016
  7. "12 March 2018 House of Keys Hansard" (pdf). Parliamentary Debates (Hansard). 14. 134. Isle of Man: House of Keys. 12 March 2018. pp. 699–708.

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