An attempt to push a new Bill through both the Keys and the Legislative Council in just 48 hours has been halted by backbench MHKs.

The government had sought to drive the Courts Tribunals and Local Authority Procedures and Miscellaneous Provisions Bill 2020 through on Tuesday and Wednesday.

One of the biggest critics, Middle MHK Bill Shimmins, raised concerns over ensuring the courts remain transparent, as the Bill seemed to exclude the public and the media from attending.

If the Bill were passed, it would place a number of measures from the emergency period on a permanent legal footing should Covid-19 return, as well as for any future pandemics.

Mr Shimmins said he had issues with open court proceedings and how capabilities of accused people and witnesses could present difficulties for the legal process.

He added: ’One thing I was looking for in the Bill was a strong commitment to the right of the public and the right of the media to attend any court proceedings.

’Secret court proceedings where you have video links may be expeditious when you have a crises, but also you have some sinister connotations in our democracy.’

Mr Shimmins said he believed it was ’inappropriate’ to move to the clauses reading and said MHKs ’may regret’ rushing the Bill through the Keys in one day.

However, Lawrie Hooper (Lib Vannin, Ramsey) said that since any jury would be required to be present in court, then the courts would be open, as he said they were during lockdown.

Mr Hooper, a member of the Cabinet Office, said he didn’t see the need for additional amendments to the Bill and that he wanted it to be ’as small as possible’.

During lockdown, the courts were open only to the judiciary, defendants, advocates, court staff and the media, the public were not permitted to enter.

The mover of the Bill, Policy and Reform Minister Ray Harmer, said the proposed law was ’not as complex as is being portrayed’ and that little of it was new to members.

justice

He went on to say that ’justice has to be served and it has to be seen as being served’ and noted that many of the procedures this Bill would introduce, are already practice including court proceedings being held through video links.

Having passed its first reading in the morning, the Bill went on to pass its second on Tuesday afternoon, but an attempt to suspend standing orders and hold the clauses stage on Tuesday failed. This also led to the cancellation of Legislative Council on Wednesday as MLCs were due to sit to examine the Bill.

Mr Harmer admitted that seeking to move the Bill through in one day was ’exceptional’ but told the Keys: ’We are living in exceptional times.’

He added: ’The necessity to accelerate the consideration of the Bill reflects the urgency to enact the provisions within it.

’In order to ensure that the necessary provisions are in force before the end of the operation of the emergency powers continuation regulations, the Bill requires to be enacted prior to December 26 2020.’

Chris Thomas (Douglas South), Mr Harmer’s predecessor, said that while he accepted the principle of the Bill and supported its second reading, he criticised the lack of time given to fully consider the Bill and its wider implications.

Mr Thomas said that if the Bill had have gone to clauses, he would seek to introduce amendments to the Bill in order to provide ’better outcomes’ for the island and that he wanted ’all of the Isle of Man and all of the experts involved in actually thinking this through’.

He also raised concerns that government could be making a rod for its own back and that he simply hadn’t had time to fully consider what implications the Bill would have for the courts and tribunals.

New Douglas South MHK Claire Christian said she about how legal aid would be handled as the Bill did not secure a provision for legal aid for people who were given conditional bail by the police instead of appearing in court.

Chris Robertshaw (Douglas East) said he was ’uncomfortable’ with the process the government was seeking and that members need proper time to consider the Bill and to take counsel with their constituents and experts. Mr Robertshaw also criticised the conduct of Chief Minister Howard Quayle and how he addressed the Keys.

Julie Edge (Onchan) said members had to ensure they got the Bill right and that it would ’not be appropriate’ to complete with the Bill’s passage in the Keys in one day.

The vote to hold the clauses stage of the Bill failed by 13-11.