The ongoing row between the Isle of Man’s local authorities and the Department of Infrastructure (DOI) over a proposed amendment to the Local Government (Amendment) Bill, has reignited this week.
Members of seventeen Authorities gave evidence to the Legislative Council who are considering the Bill.
Critics say the proposals would give sweeping new powers to central government at the expense of local democracy.
The controversy centres on Clause 5 of the Bill, which would allow the Department of Infrastructure — with the approval of the Council of Ministers — to amend existing local government legislation by regulation, rather than through the full legislative process.
Former Chief Minister Tony Brown, now Chair of Castletown Commissioners, told Manx.News that the clause “flies in the face of the Isle of Man’s democracy” and warned that it would effectively allow ministers to rewrite primary legislation through the back door.
“This amendment would give unlimited powers to the minister and the Council of Ministers to change primary legislation by regulation. That’s a very dangerous move in relation to our democracy. It would enable government to change any local government act at all, without going through the full legislative process.” – Tony Brown
Mr Brown — who gave evidence to the Legislative Council earlier this week — said it was “deeply concerning” that the amendment passed through the House of Keys with little debate and no public consultation.
He also warned that, if approved, the change could shift financial burdens onto local ratepayers, with government dictating what services authorities must provide — but without guaranteeing funding.
Mr Brown described the level of opposition from the island’s local authorities as “unprecedented”, noting that 17 boards appeared before the Legislative Council to voice their concerns.
Command and Control
His concerns were echoed by Kirrie Jenkins, Chair of Arbory and Rushen Parish Commissioners, who also gave evidence to the Legislative Council.
She described Clause 5 as a “fundamental change” in the relationship between local authorities and central government, turning a system of cooperation into one of “command and control.”
It would give the Department powers to tell us what to do, how to do it, and how much to pay for it” – Kirrie Jenkins
She warned that such powers could see the Department imposing new duties on local authorities mid-year, with no opportunity to budget or refuse.
Mrs Jenkins said the only option we’d have would be to raise rates.
The amendment risks undermining more than a century of cooperation between local and central government, replacing collaboration with compulsion.
Island-Wide Opposition
In a rare show of unanimity, every one of the island’s local authorities has now voiced opposition to Clause 5.
“It’s historic,” Mrs Jenkins said. “Every single local authority has objected. The minister should be the envy of all previous DOI ministers — she’s managed to unite us all in opposition to the same clause.”
Both Mrs Jenkins and Mr Brown said they hoped the Legislative Council would remove Clause 5 altogether or at least amend it to include financial safeguards and require cost statements for any new obligations placed on local authorities.
“If government wants to dictate to local authorities, it should also take responsibility for the costs,” said Tony Brown.
LegCo
The Legislative Council has agreed to send the Bill to clauses stage, where each clause will be examined individually. Local authorities are hoping that process will allow for further input before any changes become law.
Mrs Jenkins said she felt encouraged that the Legislative Council had listened to their concerns.
The Department of Infrastructure has defended the proposed clause, saying it would streamline local government processes and enable future reforms to be made more efficiently. However, with unprecedented resistance from all corners of the island’s local authority network, pressure is mounting on the government to reconsider its approach.
Also Watch
Last Month, the leader of Douglas City Council spoke to Manx.News. Cllr. Devon Watson also raised concerns about the impact the proposals would have on the island’s largest authority and its rate payers.
Earlier in the year, three local authorities spoke to Manx.News when the controversial clause was first proposed. Christine Moughtin – Chair of Peel Town Commissioners, Alison Lynch – Marown Commissioner and Ivan Burton – Bride Commissioner gave their views on the proposals.
