JCC information

Summary

The requester asked for minutes of the Joint Consultative Committee (JCC) since 2015 and clarification on its role in police pension determinations. The Department of Home Affairs refused the request, citing an exemption related to the formulation of government policy and the need for free and frank exchange of views.

Key Facts

• The request was received on 12 December 2019 and the outcome was determined on 17 January 2020.
• The JCC is a forum between the Department of Home Affairs, Isle of Man Constabulary Senior Leadership, and the Police Federation.
• The authority determined that the public interest in withholding the information outweighed the interest in disclosure.
• No factors in favour of disclosure were identified by the Department of Home Affairs.
• The requester has the right to an internal review or to appeal to the Information Commissioner.

Data Disclosed

• 1098561
• 2019-12-12
• 2020-01-17
• 2015
• section 34
• 2020-02-27

Exemptions Cited

• Section 34 of the Freedom of Information Act 2015 (formulation or development of government policy)

Original Request

1) I require copies of all minutes of the JCC since its inception in 2015 or advising of the online location where these minutes are published 2) Please advise whether the JCC is also the body which makes determinations in relation to Isle of Man Police pension regulations (or if relevant also provide copies of meeting minutes for the body that makes those determinations)

Data Tables (1)

Full Response Text

Chief Executive's Office DHA Headquarters Tromode, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 694313 Fax: (01624) 621298 Web address: www.gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Our ref: 1098561 17 January 2020

Dear ###

We write further to your request which was received on 12 December 2019 and which states:

"1) I require copies of all minutes of the JCC since its inception in 2015 or advising of the online location where these minutes are published 2) Please advise whether the JCC is also the body which makes determinations in relation to Isle of Man Police pension regulations (or if relevant also provide copies of meeting minutes for the body that makes those determinations)"

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 34 of the Act as it is held by a Government Department and it relates to the formulation or development of government policy. As insert section 34 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. Factors in favour of disclosure None

Factors in favour of withholding The Joint Consultative Committee is a forum set up between the Department of Home Affairs, Senior Leadership of the Isle of Man Constabulary and the Police Federation. The forum is used for the free and frank exchange of advice and views and is therefore qualified exempt from the requirements of the Freedom of Information Act.

In taking these factors into account the Department of Home Affairs determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 1098561 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