International Co-operation (Protection from Liability) Bill 2020

Closed 25 Nov 2020

Opened 15 Oct 2020

Contact

Sean Gavin

(AML/CFT Policy Manager)

+44 1624 698369

amlcft@gov.im

Feedback updated 18 Jan 2021

We asked

The Cabinet Office sought feedback from interested parties regarding new provisions that would protect public authorities in the Isle of Man against claims for costs, damages or consequential losses when acting in matters of international assistance at the request of foreign jurisdictions, provided they were acting in good faith.

You said

The consultation attracted a total of three public responses, two from individuals and one from a local firm of advocates. Four responses were also received from Isle of Man Government Departments concerning the legislation captured by the Bill. The Cabinet Office welcomed all responses and considered each comment made in the final drafting of the Bill.

We did

The Bill was amended to ensure all relevant enactments are now captured. A detailed summary of the consultation responses has been published below. The revised Bill is due to be introduced into the Branches for its first reading in the House of Keys on Tuesday 26 January 2021.

Overview

Compliance with international standards and providing assistance to other jurisdictions are of crucial importance for the Isle of Man’s position as an international finance centre and reputation as a co-operative jurisdiction. Existing legislation enables the H.M. Attorney General and certain other Isle of Man public authorities to render assistance in the form of obtaining evidence or information, securing and repatriating assets, conducting investigations, conducting searches or providing assistance in support of foreign legal proceedings. Whilst these respective cases are pursued and prosecuted outside the Isle of Man, the cooperation of the Island’s authorities, is often critical to successful outcomes.

The draft International Co-operation (Protection from Liability) Bill 2020 (“the draft Bill”) looks to include provisions that will protect public authorities in the Isle of Man against claims for costs, damages or consequential losses when acting in matters of international assistance at the request of foreign jurisdictions. This would ensure that, in cases where public authorities in the Isle of Man act at the request of other jurisdictions under international arrangements underpinned by legislation, those Isle of Man authorities would not face adverse costs orders provided they were acting in good faith: the protection offered does not prevent claims under the Human Rights Act 2001 but does protect the Isle of Man public authorities from claims alleging negligence.

Why your views matter

The purpose of the draft Bill is effectively to require a claimant making a claim in the Island against an Isle of Man public authority for compensation in an international co-operation case to prove that the Manx authority acted in bad faith before being entitled to recover compensation or costs. The Cabinet Office is seeking the views of the public on the provisions proposed by the draft Bill.

Consultation process

The consultation commences on 15 October 2020 and will run for a period of 6 weeks. Submissions with respect to the consultation must be submitted by  Wednesday 25 November 2020 and can either be:

  • Made online via the consultation hub by clicking 'Online survey' below
  • Submitted via email to amlcft@gov.im or
  • Posted to the following address:

Cabinet Office 3rd Floor,
Government Offices,
Bucks Road,
Douglas,
Isle of Man
IM1 3PN

What happens next

We will review results from the consultation which will be used to inform the final version of the legislation. We will liaise further with respondents as necessary. A consultation summary will be produced and made available on the Consultation Hub.

Areas

  • All Areas

Audiences

  • All residents

Interests

  • Legislation
  • Policies, strategies & plans
  • Finance