A CODE of practice was issued this week which outlines the duty of public authorities in the Isle of Man to promote positive race relations - but Tynwald is exempt.
The code is aimed at helping those who provide services on behalf of government or local authorities to meet the requirements of the Race Relations Act 2004.
Under the act the term "public authority" does not include Tynwald, the Legislative Council, the House of Keys or a person exercising functions in connection with proceedings in Tynwald, the Legislative Council or the House of Keys.
It does cover government departments, statutory boards and offices, the Council of Ministers and any committees or working groups of CoMin, as well as local authorities, the emergency services, the Civil Service and courts and tribunals.
isleofman.com contacted the Department of Home Affairs, who has released the code of practice, to ask why Tynwald is exempt from it when it does apply to local authorities.
Tom Bateman, legislation manager of the Department of Home Affairs, explained: "It is seen as a fundamental aspect of the freedom of parliamentarians in democracies generally to debate matters when in their respective chambers freely, without any bar other than standing orders and the presiding officer's ruling.
"For that reason the House of Keys, the Legislative Council and Tynwald are exempt (as with rulings in respect of libel/defamation).
"However, outside of the debating chamber, and their role as legislators whilst in the chamber, Members of Tynwald are bound in the same way as anyone else.
"This means anything they do as a member of a department, board or office must be done bearing in mind the Race Relations Act 2004 and the guidance within the code.
"Local authorities do not perform a legislative role, they are established to perform public administrative functions.
"In the exercise of their functions, including the decision making process (which may include any or all of their meetings), they are bound by the code.
"In respect of the role of a government minister, he or she is a Member of Keys and of Tynwald and has the same rights and privileges as any other member of the House of Keys, the Legislative Council or Tynwald to debate matters freely.
"There is no difference in principle between Manx legislation in this regard and UK legislation."
In the UK, under the Equality Act 2010 (of Parliament) the House of Commons and House of Lords are not public authorities for the purposes of the Act, nor are MPs and Members of the House of Lords when carrying out Parliamentary functions.
When launching the code this week Home Affairs Minister Adrian Earnshaw MHK said: "Whilst I do not believe that discrimination is widespread or endemic on the Island, unfair treatment can have a major impact on individuals and society.
"Put simply, treating a person less favourably on the grounds of race should not be tolerated."
Also see: Code of practice published to promote positive race relations
