By what statutory instrument was common law abolished in the IOM

Summary

The requester asked for the statutory instrument that abolished common law in the Isle of Man and how this was disclosed to the public. The Attorney General's Chambers clarified that common law was not abolished entirely, noting it still applies to civil law, while the Criminal Code 1872 replaced it for criminal offences, and directed the requester to public legislative websites for historical records.

Key Facts

• Common law continues to apply in the Isle of Man for civil law matters.
• The Criminal Code 1872 applies to criminal offences, meaning common law no longer generally applies in that specific jurisdiction.
• The Attorney General's Chambers does not hold specific records on the method of public disclosure used at the time the Criminal Code 1872 was introduced.
• Historic parliamentary records and legislation are available via the Tynwald website and the Public Records Office.
• The office cannot provide legal advice or appraisals on the application of common law.

Data Disclosed

• 2017-09-04
• 1872
• IM101341I
• 01624 685452
• 2 pages
• 1 document

Exemptions Cited

• Information not held by the authority
• Inability to provide legal advice

Original Request

1. 'By what statutory instrument was common law abolished in the Isle of Man.' and 2. '..was this fact disclosed to the public' 3. 'and by what method was the change in jurisdiction disclosed to the public?'

Data Tables (1)

Full Response Text

Telephone: 01624 685452 ATTORNEY GENERAL'S CHAMBERS Email: foi@attgen.gov.im 2ND FLOOR, BELGRAVIA HOUSE

        CIRCULAR ROAD, DOUGLAS 
                                                                                                                                      ISLE OF MAN   IM1 AE

REFERENCE NUMBER: IM101341I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your on-line application dated 4 September 2017 requesting the following information:

1. “By what statutory instrument was common law abolished in the Isle of Man.” and
2. “..was this fact disclosed to the public”
3. “and by what method was the change in jurisdiction disclosed to the public?”

Response to your request

The first part of your request poses a question that asserts common law has been abolished in the Isle of Man. I would offer the following information, which I hope is of assistance to you:-

While our aim is to provide information whenever possible, in this instance the Attorney General’s Chambers does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested in relation to providing a legal appraisal of when common law does or does not apply in the Isle of Man.

I must also advise you that this office cannot provide you with legal advice on any aspect of the law, however you may wish to note that the Criminal Code 1872 applies to criminal offences in the Isle of Man and so, unlike some other jurisdictions, common law no longer generally applies in respect of criminal offences. However, otherwise than criminal law, i.e. civil law, the common law continues to apply in the Isle of Man.

The second part of your request relates to whether a fact, (which as mentioned above happened some considerable time ago) has been disclosed to the public.

The Attorney General’s Chambers does not hold the information in relation to the method of disclosure used in relation to the introduction of the Criminal Code 1872 at the time of its introduction, however this information and all relevant legislation has been generally available to the public for many years.

The Parliamentary records of historic activity of how certain statute was enacted may be available through the Tynwald website. Alternatively, the Public Records Office may be able to assist you in your research.

Although you have not specifically requested it, you may wish to view the Criminal Code 1872, which is available on the Isle of Man Government on-line legislation website:- https://legislation.gov.im/cms/legislation/current.html

If you wish to review any subordinate legislation you will find that it is available on the Tynwald website under the link to Tynwald library services.

The answer to the third part of your request is that information on such changes has routinely been disclosed to the public either historically, through it having been made available via the Tynwald Library, (which has always provided copies of such documents on request, although it does charge for this service) or, alternatively, all primary legislation has been more recently been made available on the website at: http://www.legislation.gov.im/cms and statutory documents are available at the following website: http://www.tynwald.org.im/links/tls/SD/Pages/default.aspx.

Your right to request a review

If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to the FOI Co-ordinator, Cabinet Office, Government Office, Douglas, Isle of Man, IM1 3PN. An electronic version of our complaint form can be found by going to our website https://www.gov.im/about-the- government/freedom-of-information/freedom-ofinformation-review-request/ , a paper copy can be requested by contacting the Cabinet Office direct.

Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to apply for a review of decisions by the Information Commissioner, for a decision on;

1) Whether we have responded to your request for information in accordance with Part 2 of the Act; or

2) Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your rights to review is on the Information Commissioner’s website at: https://www.inforights.im/

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about Freedom of Information requests can be found at: www.gov.im/foi