The role of the Attorney General, their independence from government and how someone could be dismissed from the role will all be debated next month.
A review conducted by Stephen Wooler into the role of the Attorney General has been largely accepted by the Council of Ministers, but ministers have said Tynwald will need a greater input on other issues.
Under the recommendations that will go to Tynwald in July, the role will have a more clearly defined function, with any matters of significant importance being elevated for their consideration when deemed appropriate.
Mr Wooler also considered the role of the Attorney General and said that it should be recognised as a unique position and should ‘continue to be a member of the Legislative Council but without the requirement to attend the totality of every sitting unless given leave of absence by the President’.
He suggested that a similar approach should be taken for Tynwald and even suggested that the Attorney General should be a member of the House of Keys ‘on the same flexible basis’.
However, while the Council of Ministers has largely accepted the other recommendations, it said: ‘Whilst Council acknowledges the principle underlying this recommendation, such constitutional matters are the remit of Tynwald Court and relevant Tynwald Committees.’
As such, the Council of Ministers has said it will seek the feedback of members in the debate in Tynwald before making any amendments or future plans on this recommendation.
Mr Wooler’s recommendations also extend to how an Attorney General would be removed if their position became untenable, but they refused to go.
He said: ‘There is a balance to be struck between ensuring the independence of the Attorney General (including the duty to give robust advice when necessary) and the need for the ability to remove an attorney general whose position has become untenable.’
‘The Chief Minister should discuss with the Ministry of Justice whether a provision allowing dismissal by the Chief Minister (with the concurrence of the Governor and First Deemster) on the simple grounds that his/her position was no longer tenable would be regarded as compatible with the status of Crown Officer.’
As the Attorney General is a Crown appointment, rather than a government one, the Council of Ministers has said it will also seek the views of Tynwald members before making any further recommendations on this suggestion by Mr Wooler.
Another big shake-up is also recommended for the role of director of prosecutions, with Mr Wooler agreeing with the previously declared will of Tynwald that it should be placed on a more independent footing, while staying under the superintendence of the Attorney General.
Mr Wooler has also recommended that the government establish a position on whether the DoP should be the island’s universal prosecutor or whether prosecutions by other individuals or organisations should be allowed.
The Council of Ministers has said it will bring its own report back to Tynwald after the initial debate and once members’ views have been sought on the constitutional aspects of the role.