[From 1911 MacDonnell Inquiry]

APPENDIX VIII.

REMARKS OF THE ATTORNEY-GENERAL UPON PROPOSED ADVISORY COUNCIL.

COMPOSITION AND DUTIES.
Duties.
Legislation: -Administration.
Legislation.

At present any member of either branch may introduce
legislation. Presumably, a Bill so introduced
would not first go before Advisory Council-members
would not submit to this. Then it would apply only
to Bills introduced by Governor.

No such thing here as a Government Bill in the
proper acceptation of the term, i.e., a Bill introduced
by a Government, by the fate of which it stands or
falls. The Bills which ordinarily originate in the
Council and are endorsed, " Prepared by the Attorney-
" General by command of His Excellency the Lieutenant-
" Governor," are not necessarily Bills which the
Governor is anxious to press upon the Legislature.
They are very frequently measures suggested by the
Attorney-General — sometimes by other members of
the Council — sometimes by one of the permanent
Boards of the Tynwald Court — sometimes by a Committee
appointed to report upon the subject-matter of
the Bill, but adopted by the Governor and introduced
in the way named. There has rarely been in my time
an instance of a Bill which the Governor has pressed
upon the Legislature. I remember one occasion of this
kind in 1889 in Governor Walpole's time, when he
introduced the first Poor Relief Bill, owing to the
failure of the Voluntary System in some parts of the
Island. He was only able to get the Bill through
the Keys by making considerable concessions by way
of contribution out of the Insular Revenue. In a case
of this sort, when a conflict arises, negotiations take
place by means of conferences or deputations from the
Keys to the Council. On such an occasion as this a
permanent Advisory Council would be useless-the
Keys naturally select for a conference or deputation
members suited to represent the view of the Keys
ad hoc; the Keys members of a permanent Advisory
Council might be entirely out of sympathy with the
view of the majority of the Keys on the subject immediately
under discussion. Then as to the Advisory
Council being consulted before a Bill is introduced by
the Governor. The effective application of such a
rule would in practice only operate in the rare case of
a Bill which the Governor desired to press upon the
Legislature, as with respect to all other Bills- they
might be introduced by any member of the Council.
Let us take such a case.-The Governor, say, desires
strongly to introduce a Bill conferring large powers
upon a medical officer of health-he convenes his
Advisory Council-what position are the Keys
members in? Remember, there are admittedly no
parties in the House of Keys-no groups-members, as
we are told, voting together in the morning, against
each other in the afternoon. In these circumstances,
what can the Keys members say or do? The matter has
never been before the Keys-they don't know what the
views of the majority are likely to be. The question here
arises whether the deliberations of the Advisory
Council are to be open or secret, but the difficulty is
equally great in either case. Are the Keys members to
advise the Governor as to the introduction of the Bill
without any referenca to the Keys? If so, what
possible guide could such advice be to the Governor?
And how difficult would be the predicament of the Keys
members ! Say the Bill is introduced ; then, if secrecy
is to be the rule, these members will be practically de-
barred from taking part in the debates which would
disclose their views and consequently the advice which
they had given. On the other hand, if they are
allowed to disclose their advice and it chances not to
be in agreement with the opinion of the House, what
is to happen to them ? I believe one of the most
probable effects of the establishment of such a
Council would be the danger of the Keys members becoming
objects of distrust and suspicion on the part of
their own body. Owing to the constant fluctuation in
the combination of members in the House and the uncertainty
with regard to their opinion upon any
particular question, in my opinion the idea of a permanent
Advisory Council is unpractical. The Education
Bill of 1905 is an illustration of this. It was introduced
by the Governor at the instance of the Council
of Education, the paramount education authority in
the Island, composed at the time of three members of
the Keys and two of the Council, who were unanimously
in favour of the Bill establishing one central local
authority and abolishing the small school boards; but
the Keys refused the Bill.

Again we take the alternative that the Keys
members are to consult the Keys before they advise
the Governor: Would not the Keys say," We refuse to
commit ourselves one way or the other: we must first
see the Bill and discuss it"? But, even if they were prepared
to give a reply, would it not be highly undesirable
and prove obstructive to legislation for the
Keys to come to a hasty decision in that way, instead
of waiting for a full discussion in the Council on both
the principle and detail of the Bill ? The creation of an
Advisory Council would tend to impede free intercourse
between the Governor and the Keys. Now as to
resolutions of the Tynwald Court, motions for which
are put on the agenda at the instance of the Governor.
These for the most part are votes for ordinary recurrent
expenditure in respect of which no question is
likely to arise. When, however, a change in the
Customs duties is proposed, especially if it is for an increase,
the matter may assume a different aspect.
In 1909, after the Budget, when the increase in the
spirit duties was to be proposed in Tynwald, the
Governor got into communication with the Speaker
and a deputation from the Keys before the Tynwald.
The Keys wished to grant the new duties for one year
only, whilst the Governor objected that this would
render the revenue uncertain from year to year. It is
immaterial for my point to enter into the merits of
this conflict; suffice to say that the matter was finally
adjusted. This is quite a typical case of what might
occur. Now, on such an occasion as this a permanent
Advisory Council would be of little or no use. The
question arose quite suddenly, and the Keys would
naturally wish their views placed before the Governor
by persons appointed for the purpose at the time.

I wish it to be understood that I think it most ad-
visable that the Governor should as often as possible
have communication with the Keys, and endeavour to
ascertain their views with regard to public matters, but
I consider that he should be absolutely free as to whom
he takes into his counsel, and that the Keys should
enjoy the right to select such persons as they please to
represent their views to the Governor or to confer
with the Governor as occasion arises. This to my
mind is the only practicable plan in the absence of
definite political parties. The argument that the
Governor is to retain his veto and yet be relieved of
responsibility for it, and that the responsibility is to
rest -upon the shoulders of the Advisory Council which
must not reveal its secrets, leads to the strange result
that the unfortunate Advisory Council might be held
responsible for something which it had advised against.
Administration.

The great bulk of this work is now carried on by
Boards elected-except the Local Government Board and
the Harbour Commissioners-by the Tynwald Court,
on which Boards there is always in practice a majority of
the Keys, and it is in the power of the Keys to prevent
the election of a Board at all unless it secures a
majority of its own members. In the case of the
Local Government Board created by the Local Government
Act 1894, each Branch of the Legislature elects
two members, and the Act provides (see Section 5,
sub-section (9) ) that the Governor shall ex officio preside
over the meetings of the Board, and in case of an
equality of votes shall have a casting vote. With
respect to the Harbour Commissioners they are a corporate
body created by the Isle of Man Harbour Commissioners
Act 1872 (Imperial), and consist of the
Receiver-General and of four other persons nominated
by the Governor subject to the approval of Tynwald.
The Receiver-General is Chairman, and matters are
decided by a majority; in case of equality of votes the
chairman has a second or casting vote. In this case the
Keys can always in practice have a majority ofmem
bers on the Board. The other important Boards are
the Council of Education, the Highway Board, the
Asylums Board, and the Fisheries Board. These
Boards carry on the main part of the administrative
work of the Island without the interference of the
Governor, except in so far as he may intervene in the
case of the Local Government Board. Their expenditure
is for the most part automatic, and no question
can as a rule arise regarding it. They present reports
to Tynwald, and are there subject to criticism as to
the discharge of their various duties. The Highway
Board derives its revenue from rates and licences quite
independently of the Tynwald Court ; the Asylums
Board from rates and certain grants. The Council of
Education is with respect to the chief part of its expenditure
, viz., school grants, merely the channel
through which the money automatically flows by virtue
of the Education Acts. The functions of an Advisory
Council could have no relation to the work of any of
these bodies. When exceptional expenditure is required,
which has to be provided for out of revenue, or
by way of loan, the Tynwald Court must be approached
and the matter discussed by both Council and Keys.
On these occasions the services o€ a permanent Advisory
Council would be useless; they would never be
brought into requisition. If the recommendation
comes from one of the Boards-for instance for harbour
works from the Harbour Commissioners Lhe
Court may act upon this recommendation., or may-and
in case of large expenditure it invariably does-appoint
a Committee of the Court to take evidence and report.
Before a Board brings forward such a matter for discussion
the practice is to consult the Governor and
ascertain whether he is in sympathy with the proposal
and likely to sanction the necessary expenditure; but a
Board or any member of the Court can bring any
matter of the kind before the Court for discussion, and
can move for a committee, the only restriction being
that a motion involving an actual vote of money
cannot be made without the previous consent of the
Governor. Then there is a large amount of administrative
work done by the Tynwald Court itself with
respect to local authorities. Leaving out of account
the Police, with respect to whom a separate proposal is
made by the petitioners, I cannot conceive what practical
purpose an Advisory Council could serve.