Guest post by Paul Craine MLC
A Tynwald petition will be discussed and voted on next month which asks Tynwald to adopt as policy that the Isle of Man should have access to the benefits of maritime holdings up to the median line between the Island and the UK, not just the 12 nautical miles it has currently.
Nigel Crowe was a member of a well-known farming family in Baldwin and for many years worked in Chrystals Estate Agents, but he was perhaps best known as a Champion of Manx Heritage – a long-standing committee member of the Isle of Man Natural History and Antiquarian Society, a founder member of the Isle of Man Family History Society and a researcher across an enormous range of interests from Manx place names to field boundaries.
When he was awarded the prestigious Reih Bleeaney Vanannan (RBV) award in 2022 for his contribution to Manx culture his nomination described him as a ‘quintessential Manx scholar with a prodigious insight and memory’. He was also a family man, a fine singer and public speaker. Sadly, Nigel passed away in the Island’s hospice in early August at the age of 64.
At the time of his death he was engaged in research into the maritime holdings (gas fields, oil fields and wind-farms) in the Irish Sea. In particular, he was firmly of the view that the Isle of Man should receive the benefits from those projects that were located nearer to the Isle of Man than any of the surrounding jurisdictions.
Nigel wanted to see a fair, just and equitable sharing of these benefits, giving the Island access to the benefits of all maritime holdings up to the median line (the half way point) between the Island and the UK. At present the Isle of Man only has access to holdings up to 12 miles out.
This opportunity arises from several significant precedents.
Firstly, in 1982 the United Nations’ Convention on the Law of the Sea (UNCLOS) established Exclusive Economic Zones (EEZs). These are areas around coastal nations extending up to 200 nautical miles (370km) beyond the nation's territorial sea, in which the country has exclusive rights regarding the exploration and use of marine resources, including energy from wind.
Around the UK, these rights are owned by the monarch. Since 1760, successive monarchs have granted the income from these rights to Parliament and, in return, have received income (currently 12% of the total revenue) through what used to be called the ‘civil list’ but is now correctly known as the ‘sovereign grant’. The maritime holdings, along with a portfolio of land holdings, are administered by a UK government body called the Crown Estate.
The Isle of Man and UK agreed the establishment of the Island's territorial sea to 12 nautical miles in 1991 in exchange for £800,000 and the cessation of a 1966 agreement which gave the Island a share of royalties in respect of the entire UK Continental Shelf. It would appear that, just as the 1991 agreement replaced the one signed in 1966, there is no reason why a further renegotiation cannot take place.
Nigel was very aware that, from 2014 the revenues from the UK’s EEZ around the coast of Scotland have been managed by the Crown Estate (Scotland) and have been available to the Scottish Government. He believed this could offer a model for the Isle of Man. He was also aware of the different relationship that the Isle of Man enjoys with the sovereign, Lord of Mann.
Using his research Nigel opted for the rarely used public petitioning of Tynwald Court and began to prepare a draft petition. At the end of June, he contacted Paul Craine MLC – a cousin of Nigel’s – and asked him to present the petition and take it forward in Tynwald.
Sadly, Nigel died in Hospice in early August with the petition unfinished. Out of respect for, and in memory of, Nigel, a former colleague, Keith Kerruish, and another cousin, Philip Craine, were prepared to take on the task of completing the petition and submitting it to Tynwald. The petition, in the names of Keith and Phil, appeared on the November Tynwald Order Paper. Paul was more than willing to work with them and all three of them shared the petition in a presentation to Tynwald members earlier this month.
The petition keeps the issue as simple as possible. It asks Tynwald to adopt as policy that the Isle of Man should have access to the benefits of maritime holdings up to the median line between the Island and the UK. It then asks that Tynwald should request the Council of Ministers to enter discussions with the UK’s Ministry of Justice and the Crown Estate Commissioners with the aim of realising this policy.
If the policy were to come to fruition, it could involve in the Isle of Man receiving what Nigel saw as the fair, just and reasonable benefits from enterprises nearer to the Island than any other jurisdiction. It would not seek to alter the rights of the Crown Estate, change the ownership of the maritime holdings or change the Island’s relationship with the UK.
Paul has now submitted a motion for the December sitting of Tynwald. This motion appears in the Register of Business for Tynwald as follows:
“The Hon. Member for Legislative Council, Mr Craine, to move - That Tynwald:
(1) notes the petition of Keith Kerruish and Philip Craine and declares as policy that the Isle of Man should have access to the benefits of maritime holdings up to the median line between the Island and the United Kingdom; and
(2) requests the Council of Ministers to enter discussions with the UK's Ministry of Justice and the Crown Estates Commissioners with the aim of realising this policy.”
The motion will be seconded by Lawrie Hooper (Minister for Health and Social Care) and will be discussed and voted on during the December sitting of Tynwald.