External relations of the Isle of Man
Encyclopedia
Under British law, the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...

 is a Crown dependency
Crown dependency
The Crown Dependencies are British possessions of the Crown, as opposed to overseas territories of the United Kingdom. They comprise the Channel Island Bailiwicks of Jersey and Guernsey in the English Channel, and the Isle of Man in the Irish Sea....

 and not an integral part of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

.

However, the UK takes care of its external and defence affairs, and retains paramount power to legislate for the Island.

Citizenship

There is no separate Manx citizenship. Citizenship is covered by UK law, and Manx people are classed as British citizens
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...

. However, unlike other British Citizens from the UK, those defined as Manx under Protocol 3 have a special endorsement placed in their passports preventing them from freely living or working in EU states. Those Manx persons with a parent or grandparent born in the United Kingdom (England, Scotland, Wales and Northern Ireland), or who have lived in the UK for five years, are deemed to have a sufficient relationship to the UK to not be subject to this provision.

European Union

The Isle of Man holds neither membership nor associate membership of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

, and lies outside the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...

 (EEA). Nonetheless, Protocol Three of the treaty of accession of the United Kingdom permits trade for Manx goods without non-EU tariffs. In conjunction with the Customs and Excise agreement with the UK, this facilitates free trade with the UK. While Manx goods can be freely moved within the EEA, people, capital and services cannot.

As with Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...

 and Guernsey
Guernsey
Guernsey, officially the Bailiwick of Guernsey is a British Crown dependency in the English Channel off the coast of Normandy.The Bailiwick, as a governing entity, embraces not only all 10 parishes on the Island of Guernsey, but also the islands of Herm, Jethou, Burhou, and Lihou and their islet...

, the Isle of Man is not part of the United Kingdom or a direct member of the European Community and its relationship with the EU is defined under Article 355(5)(c) of the Treaty on the Functioning of the European Union (former Article 299 of the EC Treaty) and Protocol 3 of the Act of Accession, annexed to the Treaty of Accession 1972, by which the United Kingdom became a member of the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...

.

The restriction on free movement of persons is anomalous in that the treaty establishing the EU clearly states that all citizens of member states will also be citizens of the EU. However a special protocol was inserted in the Treaty of Accession of the United Kingdom excluding the Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...

 and Isle of Man from the provisions governing free movement of people. This was done at the request of the governments of the Crown dependencies at the time.

Commonwealth of Nations

The Isle of Man is not itself a member of the Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

, as membership is only open to sovereign
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...

 nations, but it is considered part of the Commonwealth by virtue of its relationship with the United Kingdom, and takes part in several Commonwealth institutions, including the Commonwealth Parliamentary Association
Commonwealth Parliamentary Association
The Commonwealth Parliamentary Association, previously known as the Empire Parliamentary Association, is an organisation, of British origin, which works to support good governance, democracy and human rights...

 and the Commonwealth Games
Commonwealth Games
The Commonwealth Games is an international, multi-sport event involving athletes from the Commonwealth of Nations. The event was first held in 1930 and takes place every four years....

.

Intervention of the United Kingdom

The Parliament of the United Kingdom has paramount power to legislate for the Isle of Man on all matters but it is a long-standing convention that it does not do so on domestic ('insular') matters without Tynwald
Tynwald
The Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...

's consent. The mechanism by which the Crown normally applies UK legislation is the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...

.

To extend UK legislation in this way, it would first require a 'permissive extent clause', which takes the following form:
Her Majesty may, by Order in Council, direct that any provision of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to the Isle of Man


Alternatively, the Act of Parliament can directly state that some or all of it extends to the Isle of Man.
However, the convention of obtaining consent is only moral, not legal. Tynwald requested that the Kilbrandon Commission on the Constitution
Royal Commission on the Constitution (United Kingdom)
The Royal Commission on the Constitution, also referred to as the Kilbrandon Commission or Kilbrandon Report, was a long-running royal commission set up by Harold Wilson's Labour government to examine the structures of the constitution of the United Kingdom and the British Islands and the...

 (1969–73) propose that the convention be enshrined in 'strict law', but this suggestion was rejected – partly because the UK Parliament could not make such a law binding on its successors.

Occasionally, the UK Parliament acts against the wishes of Tynwald – the most recent example being the Marine etc. Broadcasting (Offences) Act 1967, which banned pirate radio stations from operating in Manx waters. Legislation to accomplish this was defeated on its second reading in Tynwald, promoting Westminster to legislate directly.

This power of the UK Parliament is an ancient consequence of the Lord of Mann
Lord of Mann
The title Lord of Mann is used on the Isle of Man to refer to Queen Elizabeth II, who is the island's Lord Proprietor and head of state.-Relationship with the Crown:The title is not correctly used on its own...

's feudality beneath the English Crown, and not a consequence of revestment. An early example of the English Parliament legislating for the Isle of Man was the Bishoprics of Chester and Man Act 1541
Bishoprics of Chester and Man Act 1541
The Bishoprics of Chester and Man Act 1541 was an Act of the Parliament of England that transferred the jurisdiction over the Dioceses of Chester and Sodor and Man from the Archdiocese of Canterbury to the Archdiocese of York....

.

Within the British Government, the Secretary of State for Justice has prime responsibility as Privy Counsellor for Manx Affairs, and Manx affairs are handled by the Ministry of Justice. Before 2001 the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...

 had this responsibility.

The UK Government justifies this ability to intervene in Manx affairs by pointing to the responsibility of the British Crown for the 'good government' of Man. This was the subject of a written exchange on 3 May 2000 in the House of Lords. In response to a Written Question by Baroness Strange enquiring as to the meaning and scope of the Crown's responsibility for the good government of the Crown Dependencies, Lord Bach, for the Government, replied 'The Crown is ultimately responsible for the good government of the Crown Dependencies. This means that, in the circumstances of a grave breakdown or failure in the administration of justice or civil order, the residual prerogative power of the Crown could be used to intervene in the internal affairs of the Channel Islands and the Isle of Man. It is unhelpful to the relationship between Her Majesty's Government and the Islands to speculate about the hypothetical and highly unlikely circumstances in which such intervention might take place.' If the UK Parliament was unable to impose legislation upon the Isle of Man it would have 'responsibility without power'.

In addition to this, the Kilbrandon Commission
Royal Commission on the Constitution (United Kingdom)
The Royal Commission on the Constitution, also referred to as the Kilbrandon Commission or Kilbrandon Report, was a long-running royal commission set up by Harold Wilson's Labour government to examine the structures of the constitution of the United Kingdom and the British Islands and the...

 was firmly of the view that Parliament does have power to legislate for the Islands without their consent on any matter in order to give effect to an international agreement which the UK may have made on behalf of the Crown Dependencies. The Kilbrandon Commission went on to make the point that, if Parliament can legislate for the Isle of Man at all, about which there was no doubt, then surely this power knows no bounds - if Parliament can legislate, it can legislate in whatever area it chooses; this is, after all, implicit in the notion of the sovereignty of Parliament.

The UK's secondary legislation (regulations and Statutory Instruments) currently cannot be extended to apply to the Isle of Man because there is no piece of primary legislation
Primary legislation
Primary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...

 on the UK statute books that would allow for this.

The Isle of Man is subject to certain European Union laws, by virtue of a being a territory for which the UK has responsibility in international law. These laws are those for areas not covered by the Protocol 3 opt-out that the UK included for the Isle of Man in its accession treaty - the areas excluded being free movement of persons, services and capital and taxation and social policy harmonisation. The exact extent by which EU law extends to Crown Dependencies is however unclear (see Rui Alberto Pereira Roque v. Lieutenant Governor of Jersey, [1998] E.C.R. I-4607)

The Isle of Man has had several disputes with the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 because it was late to change its laws concerning birching
Birching
Birching is a corporal punishment with a birch rod, typically applied to the recipient's bare buttocks, although occasionally to the back and/or shoulders.-Implement:...

 (corporal punishment) and sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...

.

Advice of ministers

The Queen, the Lord of Mann
Lord of Mann
The title Lord of Mann is used on the Isle of Man to refer to Queen Elizabeth II, who is the island's Lord Proprietor and head of state.-Relationship with the Crown:The title is not correctly used on its own...

, acts on the advice of her UK ministers, not those of her Isle of Man Government. In practice, this means that many decisions relating to the island are taken by the Secretary of State for Justice (previously the Secretary of State for Constitutional Affairs
Secretary of State for Constitutional Affairs
The Secretary of State for Justice is a senior position in the cabinet of the United Kingdom. It was created in 2007 replacing the abolished Secretary of State for Constitutional Affairs, which was originally intended to fulfil those functions of the office of Lord Chancellor which related to the...

, and before that, the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...

).

This includes:
  • the appointment of the Lieutenant Governor
    Lieutenant Governor of the Isle of Man
    The Lieutenant Governor is the representative on the Isle of Man of the Lord of Mann . He/she has the power to grant Royal Assent and is styled His Excellency. In recent times the Governor has either been a retired diplomat or senior military officer...

  • the appointment of the Bishop of Sodor and Man
    Bishop of Sodor and Man
    The Bishop of Sodor and Man is the Ordinary of the Diocese of Sodor and Man in the Province of York in the Church of England. The diocese covers the Isle of Man. The see is in the town of Peel where the bishop's seat is located at the Cathedral Church of St German, elevated to cathedral status on 1...

  • the granting or refusal of Royal Assent
    Royal Assent
    The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...

     to Acts of Tynwald
  • the appointment of deemster
    Deemster
    A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...

    s
  • pardoning or commuting criminal sentences (the Royal Prerogative of Mercy
    Prerogative of Mercy
    In the British tradition the Prerogative of Mercy is one of the historic Royal Prerogatives of the British monarch in which he or she can grant pardons to convicted persons...

    ), most notably the commuting of all death sentences passed on the Island after the UK abolished the capital punishment in 1965 (see Capital punishment in the Isle of Man
    Capital punishment in the Isle of Man
    The Isle of Man formally abolished capital punishment in 1993, but in practice had not used it for many decades. The Isle of Man is a British Crown dependency, but not part of the United Kingdom ....

    )

Work permits and immigration

Anybody who has not lived on the island for five years, including British citizens, requires a Control of Employment work permit from the Manx government to take up employment on the island. Manx people, as British Citizens, may travel and work freely in the United Kingdom. Passports issued on the Island are marked 'British Islands - Isle of Man', instead of 'United Kingdom of Great Britain and Northern Ireland', and these passports are issued to all British Citizens resident on the island.

Protocol three of the Treaty of Accession of the United Kingdom to the European Economic Community stipulates that Manx people "shall not benefit from provisions relating to the free movement of persons and services". This means that a special endorsement is placed in their passports preventing them from freely living or working in other EU states.

Travel to the Isle of Man is regulated by British law. Most travel to the island is from air and sea ports in either the UK or Ireland. Schedule 4 of the Immigration Act 1971 applies a reciprocal arrangement whereby foreign nationals legitimately present in the UK or a Crown dependencies do not legally require any leave to travel to any other part of the British Islands
British Islands
British Islands is a term within the law of the United Kingdom which since 1889 has referred collectively to the following four states:*the United Kingdom of Great Britain and Northern Ireland ;...

.

The Isle of Man, together with the Channel Islands, the UK, and the Republic of Ireland form a Common Travel Area
Common Travel Area
The Common Travel Area is a passport-free zone that comprises the islands of Ireland, Great Britain, the Isle of Man and the Channel Islands. The area's internal borders are subject to minimal or non-existent border controls and can normally be crossed by Irish and British citizens with only...

, which means there are no immigration controls imposed on those travelling inside the area. However, because the Immigration Act 1971 does not apply to the Republic of Ireland, the Isle of Man uses the Control of Entry Through the Republic of Ireland Order to automatically grant legal leave to anyone arriving on the Island from the Republic.

Section 7(1) of the Immigration Act 1988 grants the legal right to visit and reside in the Isle of Man to EU
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

 and EEA
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...

 citizens. The Isle of Man is not permitted by EU law to discriminate between the citizens of the UK and other EU countries, and consequently any British or other European citizen is currently free to immigrate to the Island to live. However, the requirement for a work permit before taking up employment still applies.

Visas

British Embassies issue Manx visas parallel to each of the UK visas, such as visitor, residence, and working holiday. The conditions and effects of the visas are identical, and the Chief Secretary's Office of the Isle of Man Government notes that most visitors to the Island apply for the UK visa.

Asylum

The Isle of Man has no legislation related to asylum claims. Where claims are made, due to 'safe third country' rules in International Law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

, the claimant is returned to either the Republic of Ireland or the UK depending on their route to the Isle of Man.

In the event that it was not possible to ascertain the origin of a claimant, the Manx Government would have to decide the claim. As there are no Manx Immigration Officers, it has been stated that a UK Immigration Service
UK Immigration Service
The United Kingdom Immigration Service, , was the operational arm of the Home Office, Immigration and Nationality Directorate...

 officer would handle the case on behalf of the Island, and make a recommendation to the Lieutenant Governor
Lieutenant Governor of the Isle of Man
The Lieutenant Governor is the representative on the Isle of Man of the Lord of Mann . He/she has the power to grant Royal Assent and is styled His Excellency. In recent times the Governor has either been a retired diplomat or senior military officer...

, who would then exercise his prerogative
Prerogative
In law, a prerogative is an exclusive right given from a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law of the normative state...

. The UK Immigration Service, as part of the UK's Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...

, has no legal standing on the Isle of Man, and would only act in an advisory capacity.
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