Professor Peter Edge and Dr Derek O'Brien provided oral evidence to Tynwald's Constitutional and Legal Affairs and Justice Committee yesterday as part of the Committee's inquiry into constitutional reform. You can have a listen to the full recording here.
A lot of what they spoke about aligns with Reayrtys' position on the Island's current constitutional status. By coincidence we are currently preparing a whitepaper on greater autonomy and constitutional reform which we plan to publish shortly.
Below is a short summary of some of the key points which we believe are pertinent to the reform agenda, with some commentary from a Reayrtys point of view.
1/ Involve citizens in constitutional reform
Speaking from comparative perspective, citing Iceland and Caribbean islands as examples, the general consensus from Professor Edge and Dr O'Brien was that in general, good constitutional development involves citizens actively. This could be from referenda, to more engaged policy development (Citizens Assemblies are perhaps a good example of this).
2/ Accessing the CTA, freedom of movement and worker rights
Professor Edge also suggested that Isle of Man residents shouldn’t lose movement or worker rights in any move to greater independence. This was raised as a possibility in the 2000 Tynwald report into the implications of independence. Professor Edge argued the Island would likely align with the current Common Travel Area (CTA).
The only wrinkle needing ironing out, however, would be the Manx Work Permit scheme as this places an additional, local, barrier to working rights. This would likely be resolved by either the Island dropping or refining the scheme. Alternatively the Island could retain it, but would likely cede their own worker rights in the rest of the CTA.
3/ Isle of Man Machinery of Government needs improving
It was also raised that in the 2000 Tynwald report it was suggested that the authors were not concerned about the functional capability of the Isle of Man government in a post-independence environment. Professor Edge, however, acknowledged that evidence since the pandemic and recent Ranson tribunal would suggest that this conclusion from the 2000 report is less convincing.
4/ Better to plan for greater autonomy now, than when it's too late
Dr O'Brien addressed that fact that a submission to the Committee from the Manx Cabinet Office argued against exploring the subject of greater independence further by stating that there is no public call for greater independence.
However, Peter Edge argued that this overlooks the reality that given the UK’s territorial scope may (is likely to?) change over the next 20 years, such as facing potential shifts like Irish unification and Scottish independence, then the Island should be proactively gauging citizens interest as and engaging key topics now as it would be better to prepare for the Islands response while there is time, rather than when it is too late.
5/ Free Association presents viable route for greater autonomy
Committee member, Chris Thomas MHK, asked whether Professor Edge approved of the 2000 Tynwald report's conclusion that full independence wasn't desirable at the time.
Professor Edge confirmed that his position was broadly in line with the 2000 report in that negotiating a post-independence package of services at potentially higher cost for the same outcomes would not meet a cost-benefit analysis (although it should be added the full implications of this have never been fully costed).
However, he referenced a recent academic paper from Maria Mut Bosque which argues that a more advantageous opportunity for the Crown Dependencies is 'free association'. Professor Edge explained this as essentially a contractual relationship between states in international law.
He argued it would cover many of the benefits the 2000 report explored and may be a way to better conceptualise the Manx experience in this way. This is particularly advantageous in as w ay to defer any concerns with full, sovereign independence while exploring the real, practical benefits.
As a footnote to this issue it is important to note that the 2000 Tynwald report intentionally did not include free association or associated statehood as viable routes for the Island. This was because the UK Government refused to allow the report authors from including it as an option.
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