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The majority decision on January 24 of all of the members of the UK’s Supreme Court in R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) is of immense constitutional importance, not only for the UK but also the Isle of Man. Its logic is that a ‘Mexit’ (a Manx exit) is distinct from a ‘Brexit’ (British exit) from the EU Treaties.

The Isle of Man, like the UK, is a parliamentary democracy. The provisions of the EU Treaties have effect domestically because of domestic legislation, in UK the European Communities Act 1972 and in the Isle of Man the European Treaties (Isle of Man) Act 1973.

By the same token these provisions can only be exited by an act of the national legislature, with an electoral mandate.

To that extent, the position of the Isle of Man, as a Crown Dependency with a sovereign domestic legislature, is distinct from that of the regions of the UK which have devolved legislatures.

The policy of the Manx government to date has involved taking receiving assurances from the UK government that it will do its best to secure a satisfactory deal for the Isle of Man in the context of its Brexit negotiations, with the promise that consultation with the Manx government will be ongoing.

This is a policy which it is now clear is unconstitutional unless supported by an affirmative Act of Tynwald and underwritten by a clear electoral mandate.

Tynwald members would clearly wish to consult with their constituents before enacting such legislation, and if a referendum is proposed it should be noted that there is no enabling legislation in place in the Isle of Man corresponding to the UK’s European Communities Referendum Act 2015 pursuant to which last year’s referendum in UK was conducted.

It is appreciated that these actions may be difficult to accommodate within the March timescale within which the UK government has announced that it will give notice of its intention to leave the EU.

That would not seem, however, a sufficient reason for overlooking the constitutional rights of the Isle of Man, particularly since it is far from clear how the UK, from the position it is now adopting of wishing to leave the single market, will be able to secure for the Isle of Man rights at least equivalent to those it currently enjoys.

Name and address supplied

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Ref: ‘Down Memory Lane’ (Manx Independent, December 29).

Thank you for the item concerning storm damage on the island over the years.

I refer in particular to the well-known picture of the ‘Manxman’ during stormy weather in November 1965.

However, I am firmly convinced that the caption below the photograph is totally incorrect for the following reasons:

1. Direction of travel is out by 180°, in that the direction of travel is/should be, from west to east, and not vice versa. The sailing was probably the 9am sailing from Douglas to Liverpool.

At that stage of Steam Packet sailing schedule, it would have been very unusual for sailings to be cancelled because of weather conditions.

2. Flattened/oily/calmer water is typical when a vessel has gone astern; and

3 This area boundaries is quite clearly market at the edges by foam strips.

4. The bow rudder is clearly engaged and leaves its own wake behind. The bow rudder would only be used when going astern, and gives a degree of directional control which is otherwise lacking.

5. The Manxman’s’cruise astern is quite clearly pushing out against the easterly storm – force winds/waves, with the rear quarter deck being covered in the braking storm force waves.

Peel became the preferred option with shelter from easterly gales/storms.

At this time, two ships service was maintained.

(a) Douglas – Liverpool 9am to 1pm.

b) Liverpool – Douglas 11am to 3pm.

Services, normally arrived at approx. 12pm – at Bar Light ship, at the beginning of the Mersey channel.

Further reading recommendation, ‘Faithfully yours Manxman’, by Richard Danielson and John Hendy.

P.S. It was a costum and practice for vessels to go astern to clear the harbour and then were given sufficient searoom be able to turn in the direction required.

L. Kelly

Ballaglass, Maughold