Michael Hurley

Summary

A request was made for details regarding payments, accommodation, and travel expenses for Michael Hurley acting as an inspector for the Eastern Area Plan and planning appeals. The Cabinet Office disclosed daily rates, hotel names, and specific accommodation costs for the Eastern Plan, but refused to provide total historical payments or detailed subsistence breakdowns for planning appeals as the information was not held or would require derivation.

Key Facts

• Michael Hurley stayed at the Sefton Hotel for both the Eastern Area Plan Inquiry and planning appeals.
• Inspectors are paid £338.00 per day for preparatory work, inquiry days, and reporting.
• Accommodation costs for the Eastern Area Plan Inquiry totaled £2125.00 for 25 nights.
• Subsistence allowance for meals, alcohol, and refreshments is £38 per day.
• Total taxi fares recorded for Michael Hurley were nil.

Data Disclosed

• £338.00
• £2125.00
• 25 nights
• £38
• Nil
• 2019-10-28
• 2019-11-05
• 1018902

Exemptions Cited

• s11(3)(a) of the Freedom of Information Act 2015 (information not held)
• s11(3)(b) of the Freedom of Information Act 2015 (practical refusal)
• s8(3)(a) of the Freedom of Information Act 2015 (information not held or requires derivation)

Original Request

The eastern plan please and then a planning appeal thank you

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 1018902 4 November 2019

Dear ###

We write further to your request which was received on 28 October 2019 and which stated:

"How much will be paid to Michael Hurley paid in relation to being the inspector for the eastern plan? How much does he receive for a planning appeal. Since his intial appointment how much has he been paid? Which hotel did he stay in, what was the cost for accommodation, meals alcohol and refreshments, broken down seperatelly What was the total of his taxi fares?" In response to the clarification which was requested on 28 October 2019, as to whether the second part of your request, regarding which hotel Mr Hurley stayed in, the costs of such, meals, alcohol and refreshments and the total costs of taxi fares, related to Mr Hurley's work in respect of the Area Plan for the East Inquiry, planning appeals or both, you responded as follows: The eastern plan please and then a planning appeal thank you While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. The information that is held is detailed below, where information is not held an explanation has been provided: Q1 - How much will be paid to Michael Hurley in respect of the Eastern Area Plan? A practical refusal reason applies under s11(3)(a) of the Freedom of Information Act 2015 (FOIA) as the Cabinet Office does not hold this information. To qualify this response, the information is ‘not held’ in so far as the report and fee claim have not yet been submitted to the Cabinet Office.
Q2 – How much does he receive for a planning appeal? The number of appeals per day/week can vary depending on complexity. The Inspectors are paid £338.00 per day for preparatory work, inquiry days [including site visits and travelling time] and reporting days.

Q3 – Since his initial appointment how much has he been paid? Regarding planning appeals, a practical refusal reason applies under s11(3)(b) and s8(3)(a) of the FOIA as complying with the request for information would require the Cabinet Office to create or derive information from information that it holds, which it is not required to do under the FOIA. Q4 – Which hotel did he stay in? For both the Area Plan for the East Inquiry and planning appeals Mr Hurley stayed at the Sefton Hotel. Q5 – What was the cost for accommodation, meals, alcohol and refreshments broken down separately? For the Area Plan for the East Inquiry, accommodation – £2125.00 [25 nights]. Meals, alcohol and refreshments would be covered by a subsistence allowance of £38 per day. Regarding accommodation, meals, alcohol and refreshments for planning appeals, a practical refusal reason applies under s11(3)(b) and s8(3)(a) of the FOIA as complying with the request for information would require the Cabinet Office to create or derive information from information that it holds, which it is not required to do under the FOIA. Q6 – What was the total of his taxi fares? Nil Please quote the reference number 1018902 in any future communications.

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.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. 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 appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; 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 right to a review can be found on the Information Commissioner’s website at 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.

I will now close your request as of this date.

Yours sincerely