An attempt to insert a cut-off point on new government powers to apply EU regulations to the Isle of Man failed in the Legislative Council last week.

Kate Lord-Brennan tabled amendments to the bill, based on similar - unsuccessful - attempts made by Lawrie Hooper (LibVannin, Ramsey) when the European Union and Trade Bill was debated in the House of Keys,

Mrs Lord-Brennan was also unsuccessful in her attempt as the upper chamber dealt with the clauses of the bill and then went on to grant it a third reading last Tuesday - living up to Chief Minister Howard Quayle’s wish that they deal with the bill before Christmas.

The Brexit Bill is enabling legislation to allow the Manx Government to retain EU laws and apply EU regulations, which might otherwise fall by the wayside after Brexit. Protocol 3, which covers the Isle of Man’s relationship with the EU, will cease to exist when the UK leaves the European Union.

Under the bill, the Council of Ministers will be able to use secondary legislation - Tynwald orders - to keep the laws affected in place. Tynwald orders can be approved in a single sitting, unlike bills, which have to go through several stages of scrutiny.

That caused some alarm at a reduction in scrutiny. An attempt to insert sunset clauses to the bill in the House of Keys, which would have meant any legislation that was retained under the bill would have to be reaffirmed by Tynwald within five years, or would expire, was defeated.

Mrs Lord-Brennan focussed on the ability of the government to apply EU regulations after the bill, using secondary legislation, and attempted to insert cut-off points, of two years and five years, to some of the powers to apply regulations.

She said: ’The bill confers significant powers on the Council of Ministers and while I think it is roundly recognised that these are exceptional measures for exceptional times, the exception should not become the rule of how we legislate and the relationship between government and parliament and how that is impacted.

’The question would be should the powers conferred continue indefinitely?’

But Attorney General John Quinn argued against the cut-off point for the powers and said any regulations still had to go before Tynwald.

He said: ’Tynwald must be the final arbiter.’

Members voted against each of the amendments,

Earlier Mr Quinn told MLCs: ’Regardless of the outcome of the ongoing political debate in the United Kingdom about the withdrawal agreement and political declaration, this bill and the secondary legislation made under it will be submitted to Tynwald for approval and will need to be in place before March 29, 2019.

’Unless something entirely unexpected happens the UK will leave the European Union at 11 pm on that date, and Protocol 3 will cease to have effect at the same time.’

The Legislative Council agreed to suspend standing orders and take the third reading, thereby completing its passage through the upper chamber. The bill will still need to go for royal assent, although that is a formality.

Mr Quinn said: ’While it is a significant milestone, passing this bill is not the end of the story. The work on Brexit legislation will continue and it will almost certainly be several years before a new relationship with the EU will be in place, both for the United Kingdom and for the Isle of Man.’