THE publication for the first time of a set of guidelines for the Isle of Man’s judiciary, released by the First Deemster’s Office, has been described as “pious” and “a PR exercise”.
Bernard Moffatt, director of information for the Celtic League, said the 22-clause document appeared to have been adopted “in some haste” after the League had complained about the lack of a code of conduct.
The 22-clause document, entitled ‘Code of Conduct for Members of the Judiciary of the Isle of Man’, was issued by First Deemster David Doyle last week and is designed to give a better understanding of the high standards of conduct that the Manx public should expect from judges.
Deemster Doyle said, “It will also be a useful document for the Manx judiciary in considering the high standards expected of them in their judicial and personal lives.”
However, the Celtic League - a long-term critic of the Manx judicial system - believes that the document is in direct response to its concerns about “the lack of judicial oversight regulation in the Isle of Man.”
The League says the code is identical to one already in place in another Crown dependency but believes that it has been adopted hastily. Bernard Moffatt added, “A recognition perhaps of the unsatisfactory situation we had highlighted.”
However, Mr Moffatt said that the Celtic League was pleased that the code had been issued and that it “goes someway to meeting a deficiency we had outlined.”
But he voiced further concerns that the document was, in essence, self-regulatory and called for and early review.
“A review should lead to some regulatory oversight being added to make the code more than a PR exercise for the Courts of Justice,” he added.
Deemster Doyle’s Code of Conduct is based on the six Bangalore Principles of Judicial Conduct which are well recognised internationally and which are concerned with (1) judicial independence, (2) impartiality, (3) integrity, (4) propriety, (5) equality of treatment and (6) competence and diligence.
In the document’s foreword, he said, “We are justifiably proud of the existing high standards of judicial conduct in this jurisdiction. Judges undertake their duties in accordance with their oaths and their terms and conditions of service.
“The oath of a Deemster requires the Deemster to ‘without respect of favour or friendship, love or gain, consanguinity or affinity, envy or malice, execute the laws of this Isle justly betwixt our sovereign Lady the Queen and her subjects within this Isle, and betwixt party and party as indifferently as the herring backbone doth lie in the midst of the fish.’
“It is important that the community is aware of the high standards of conduct rightly required of the judiciary. Maintaining and enhancing such standards is essential if the community is to continue to have confidence in the judiciary.”
• The Code of Conduct can be viewed at http://www.courts.im/lib/docs/courtservice/PressRelease/judiciarycode.pdf
