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What happens in Tynwald?
Committees
Much of the detailed work of Tynwald happens in Committees.
What does a committee do?
A committee considers policy issues, scrutinises the work and expenditure of the government, and investigates any other matters referred to it. Matters before a committee can be explored to a level of detail which would not be possible during the normal business of a sitting.
Committees may be appointed by Tynwald or the Branches to consider any matter. There are two main types of Committee:
Standing Committees
Constituted under statute, Standing Orders or resolution, standing committees have a continuing remit. These include the Public Accounts Committee and the Policy Review Committees. The Public Accounts Committee focusses on financial matters relating to Government Departments or statutory body and public expenditure. Each of the Policy Review Committees scrutinises the Government’s work and implemented policies in its particular area. Most Standing Committees are required to report to the Tynwald annually at an agreed sitting and at other times if they consider it necessary.
Select Committees
Select Committees are appointed by Tynwald or the Branches to enquire into matters specially referred to them. This includes Bill Committees, which can be appointed after the Second Reading in either Branch to examine particular aspects of a Bill. A select committee ceases to exist on fulfilling its remit.
Bill to Act: How laws are made
Primary 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.
Most Bills begin their passage through Tynwald in the House of Keys, although they may begin in the Legislative Council. The Bill follows the same procedure in each Branch regardless of where it begins.
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 three Readings and a Clauses stage in the Council, which are similar to their counterparts in 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.
Procedure and Conduct in Tynwald Court and the Branches
The procedures in the Chambers are governed by Standing Orders and by precedent or tradition.
The President of Tynwald presides at sittings of Tynwald Court and the Legislative Council and in the House of Keys it is the Speaker. Members are bound to attend all sittings unless they have leave of absence. Leave of absence may be granted by the appropriate presiding officer for sufficient cause or in accordance with Standing Orders.
Standing Orders
Each Chamber has its own set of Standing Orders. These set out the conduct required of Members during sittings and the procedures for any business undertaken.
Any Member wishing to raise a point of order should specify the relevant Standing Order when doing so.
The interpretation of Standing Orders is a matter for the Presiding Officer, whose interpretation is authoritative.
Commencing a Sitting
In the House of Keys and Legislative Council, Members must be seated in the Chamber prior to the arrival of the Presiding Officer. The sitting begins with prayers, usually led by the Chaplain in the House of Keys and the Lord Bishop in the Legislative Council.
Members of the House of Keys must be seated in the Tynwald Chamber before the sitting begins. Members stand as the Speaker of the House of Keys and Clerk of Tynwald enter, and once they have taken their seats, all sit down. The Members of the Legislative Council then enter and take their seats. There follows an announcement, 'Honourable Members, please be upstanding for the President of Tynwald', and all Members stand while the President enters. At this point the Sword of State is also brought into the Chamber and placed on the table in the centre. The Sword of State must be present as it represents the authority of the Sovereign at the sitting.
Entering and Leaving
Members are permitted to go out for short periods during a sitting. They must bow to the Presiding Officer on entering and leaving the Chamber and should not walk between the Presiding Officer and any Member who is speaking. The Presiding Officer may call Members back to the Chamber, for instance if a vote is taking place and the Chamber is inquorate, by ringing a bell.
Speaking to the Court
Members are called upon to speak by the Presiding Officer. As the previous speaker concludes, those who wish to speak should rise in their places. The member who first "catches the eye" of the presiding officer will be called upon to speak. There is usually no limit to the length of speeches, but speeches should be relevant to the motion being debated and contain no unnecessary repetition.
Addressing Other Members
Members refer to each other by constituency and by name, or by the position they hold, sometimes in Manx.