Throughout Europe procedures for the appointment of public officials are becoming more transparent and one might have hoped that proposals contained in the new Isle of Man Administration of Justice Bill 2008 would have continued this process.
Indeed the introductory 'Explanatory Memorandum' to the Bill explains that:
"In the view of the member moving the Bill its provisions are compatible with the Convention rights within the meaning of the Human Rights Act 2001."
However, anyone hoping for anything radical here would be disappointed. The Bill is firmly based on the "recommendations of the Deemsters (Isle of Man High Court Judges) and therefore from the word go the 'dead hand' of the judicial establishment is stamped on it.
In some ways, far from being a step forward, the proposals may consolidate the existing judicial order. For example at the moment the appointment of High Bailiff and Deputy High Bailiff is the same as for the Deemsters i.e. by warrant of the Governor. In the new bill the First Deemster will effectively appoint them (Bill Section 35, 3C). This is alarming, especially when one takes into account that they often are required to perform duties as Acting Deemsters.
Also in Section 35, 3B the Deputy Deemster and Acting Deemsters, in a scenario that could create a self perpetuating judicial oligarchy, will be recommended by the First Deemster.
The Bill's accompanying explanatory notes also set out that "The judiciary are to include a second tier of High Court judges, called "Judicial Officers", enabling the workload of the Deemsters to be shared out". Again the prime spot in the selection process goes to - you guessed it - the First Deemster!
A great opportunity to make the system of appointments more democratic and accountable has been missed by these ill thought out legislative proposals.
The Administration of Justice Bill 2008 and Explanatory Notes and can be found here (pdf file reader needed):
J B Moffatt Director of Information Celtic League
18/02/08
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