Boot's personal appointments of the unlawful Planning Committee

Summary

The requester sought copies of appointment letters for Planning Committee members after being told they were not held by the initial contact. The Department of Environment, Food and Agriculture disclosed a sample appointment letter for a member named Mrs. Comish, detailing the terms of service, remuneration, and conduct requirements.

Key Facts

• The appointment term for Planning Committee members is set at 5 years.
• Members are remunerated under the Payment of Members Expenses Act 1989.
• Attendance allowances are £78.00 per session, with a maximum of £130 for multiple sittings.
• Travel allowances are 50p per mile for motor vehicles up to 6,000 miles annually.
• Appointments can be terminated for criminal convictions or breaches of conduct standards.

Data Disclosed

• 2019-12-24
• 2020-01-13
• 21st June 2016
• 20th June 2021
• 5 years
• £78.00
• £130
• 50p per mile
• 26p per mile
• 6000 miles
• 1989
• 2008
• 2014

Original Request

In an e-mail to me dated the 13th December 2019 timed at 125.13 hrs Ms Jennifer Chance stated - "In response, the term of appointment of planning committee members is set out in a letter to each member and this is given as being 5 years. I note that you attach their delegation which does not have an end date, however this is not a letter of appointment. " I requested that Ms Chance provide me with copies of the letters of appointment which she referred to, but in her e-mail reply to me dated the 23rd December 2019 timed at 13.59 she said - "I do not hold these and consider that this information is best sought via a Freedom of Information request to the Department." I am, therefore, requesting copies of the letters of appointment of each member of the Committee.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS

Mrs S Comish

Isle of Man

Richard Lole, Chief Executive, Thie Slieau Whallian, Foxdale Road,
St. John’s, Isle of Man, IM4 3AS Tel: (01624) 685958 Fax no (01624) 685851 E-mail defa@gov.im
Web site: http://gov.im/defa/

Our Ref: RCL/

Date: 21st June 2016

Dear Mrs Comish,

RE: Planning Committee Membership

I am pleased to be writing on behalf of the Department to advise that your recent application for appointment to the Planning Committee has been successful and would like to invite you to accept the role of member of the Planning Committee.

Please find detailed below further details pertaining to your appointment:

Tenure of Appointment

The appointment will be for 5 years expiring on 20th June 2021.

Should the Planning Committee be dissolved, restructured or wound up your appointment would, of course, also cease with effect from that dissolution or such other date as is specified in any relevant legislation.

Duties and Key Responsibilities

The duties and key responsibilities in relation to your appointment to the Planning Committee are extensively detailed in the Information Pack for the ‘Appointment of Members; Planning Committee’ dated May 2016.

Remuneration

The members of the Planning Committee are currently remunerated in accordance with the Payment of Members Expenses Act 1989 as amended. The Attendance Allowances Order 2008 specifies a rate of £78.00 per morning or afternoon session for members of the Committee. A maximum of £130 may be claimed by members if they attend more than one sitting in one session.

The following travel allowance is also paid, in accordance with the Travelling Allowances Order 2014:- Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS

9 Up to the first 6000 miles over a 12 month period Motor vehicle - 50p per mile Motor Cycle - 26p per mile

Conduct

Committee members are expected to exercise the highest standards of behaviour in line with the seven principles of public life as set out in the information pack. A breach of the standards of behaviour expected may result in removal from office by the Department.

In order to maintain high standards in public life, any appointment made may be terminated in the event that an appointee is convicted of a criminal offence, and/or where the Department believes that the appointee’s conduct means that he or she is no longer a suitable person for the office.

Conflicts of Interest

Members must declare any personal or business interests which could be misconstrued or cause embarrassment to the Planning Committee or the Isle of Man Government. These could include financial interests or share ownership, membership of societies, activities associations or employment of a partner or friend in the particular field in which the public body operates.

Confidentiality

Unauthorised disclosure of any information gained in the course of this appointment, or its use by the member or others for personal gain or advancement, could result in the appointment being terminated.

I would be grateful if you would please confirm your willingness to accept the appointment on the terms and conditions explained above by signing, dating and returning the attached copy letter.

Officers from the Planning and Building Control Division of the Department Environment Food and Agriculture will be making contact with you shortly to arrange your induction to the Planning Committee.

I would like to take this opportunity on behalf of the Department to thank you for your interest in making a contribution to public life on the Isle of Man, and wish you every success in your role.

Yours sincerely

Richard Lole CEO DEFA

c.c. Miss J Chance, Interim Director of Planning and Building Control

Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS

To: R Lole, CEO DEFA, TSW

I confirm that I accept the appointment as member of the Planning Committee on the terms and conditions outlined above.

………………………………………………………………. ……………………………………………… Name Signature

……………………………………………………………. Date

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 1115793 13th January 2020

Dear ###

We write further to your request which was received on 24th December 2019 and which states:

"In an e-mail to me dated the 13th December 2019 timed at 125.13 hrs Ms Jennifer Chance stated - "In response, the term of appointment of planning committee members is set out in a letter to each member and this is given as being 5 years. I note that you attach their delegation which does not have an end date, however this is not a letter of appointment. " I requested that Ms Chance provide me with copies of the letters of appointment which she referred to, but in her e-mail reply to me dated the 23rd December 2019 timed at 13.59 she said - "I do not hold these and consider that this information is best sought via a Freedom of Information request to the Department." I am, therefore, requesting copies of the letters of appointment of each member of the Committee."

Our response to your request is as follows: I have enclosed copies of the information that is being released to you. The letters include in the Appendix are for the appointments of Mrs S Comish, Mr I Cottier, Mr J Cubbon, Mr A Kermode, Mr S Skelton and Mr P Young. Mr Tim Baker is also on The Committee, however he is a political member of the Department and consequently a similar letter is not held.

Further information Mr T Baker does have a delegation from the minister to be on the Committee which can be found here: https://www.gov.im/media/1353556/minister-to-planning-chairman-defa-25-16.pdf

Please quote the reference number 1115793 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