Pay increase teachers

Summary

A request was made for correspondence regarding teacher pay offers and union demands, but the Department of Education, Sport and Culture withheld all information.

Key Facts

• The request was received on 17 February 2020 and responded to on 16 March 2020.
• The authority determined that disclosure would inhibit the free and frank exchange of views during ongoing negotiations.
• The Trade Unions advised the Department that releasing the information would negatively impact sensitive pay talks.
• The Department concluded that the public interest in withholding the information outweighed the interest in disclosure.
• The request was closed with no information sent as all held data was deemed exempt.

Data Disclosed

• 17 February 2020
• 16 March 2020
• 1183649
• section 35
• Freedom of Information Act 2015

Exemptions Cited

• Section 35 of the Freedom of Information Act 2015 (prejudice to the free and frank exchange of views for the purposes of deliberation)

Original Request

A copy of correspondence containing the Depts offer to teachers and correspondence or verbal the teachers union setting out what the teachers want

Data Tables (1)

Full Response Text

Corporate Services Division Department of Education, Sport and Culture Hamilton House Peel Road, Douglas IM1 5EZ Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im Our ref: 1183649 16 March 2020

Dear ###,

We write further to your request which was received on 17 February 2020 and which states:

"A copy of correspondence containing the Departments offer to teachers and correspondence or verbal the teachers union setting out what the teachers want" In order to identify and locate the information that you asked for, we needed to clarify what information is being requested in relation to the second part of your FoI request, specifically "correspondence or verbal the teachers union setting out what the teachers want". You advised you are requesting the following information: “A written record from a verbal conservation” Our response to your request is as follows:

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would inhibit the free and frank exchange of views for the purposes of deliberation. As section 35 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 1. The publication of the information will show the different stages of negotiations between the Department and the Trade Unions, which may explain the progress of the negotiations between the two parties. 2. The publication of the information would give an accurate representation of the negotiations which have taken place between the Department and the Trade Unions. 3. Some of the information collated as part of the request appears to be no longer part of the current negotiations between the Department and the Trade Unions.

1. There is an expectation the public have the right of access to information held by the Department, under the Freedom of Information Act 2015.

Factors in favour of withholding 1. The discussions on pay between the Department and the Trade Unions are currently ongoing and are at a sensitive stage, especially with the Trade Unions engaged in action short of strike action. 2. Disclosing the information at this sensitive stage would inhibit the free and frank exchange of views from both the Department and the Trade Unions, as the information requested has formed the basis of the current round of negotiations. 3. Disclosing the information could compromise and affect the progress the Department and the Trade Unions has made during the ongoing pay talks. 4. The Department has sought the views of the Trade Unions and they have informed the Department that making the information public at this stage would impact the ongoing pay talks due to the sensitive nature of the information. 5. The pay proposals from the Department and the Trade Unions which have been discussed as part of the negotiations may be reconsidered as part of the ongoing talks in order to reach an agreement.

In taking these factors into account the Department of Education, Sport and Culture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 1183649 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

Freedom of Information Coordinator