THE MEDICAL ADVICE AND ACTION ON THE BORDERS

Summary

The requester sought specific dates and documents regarding medical advice that led to the Isle of Man's border closures during the COVID-19 pandemic. The Department of Health and Social Care refused to disclose the information, citing exemptions related to the formulation of government policy.

Key Facts

• The request concerns medical advice provided to the Health Minister regarding border closures in March and May 2020.
• The authority withheld the information under Section 34 of the Freedom of Information Act 2015.
• The exemption was applied because the information relates to the formulation or development of government policy.
• A public interest test was conducted, concluding that withholding the information was in the public interest due to ongoing policy formulation during the pandemic.
• The outcome of the request was 'Not upheld' as of December 22, 2020.

Data Disclosed

• 2020-07-15
• 2020-12-22
• 22 March 2020
• 1 May 2020
• 14th August 2020
• Section 34
• Freedom of Information Act 2015
• s34(1)(a)
• case_id: 1368337

Exemptions Cited

• Section 34 - Formulation of policy

Original Request

Statement 1: The Chief Minister, Howard Quayle MHK, said in a Press Briefing on 22 March 2020: 'I ' and my colleagues in the Council of Ministers ' have listened to the latest clinical advice and believe that now is the right time to move to the next stage of our plan to contain the spread of COVID-19 coronavirus in the Isle of Man. This includes closing our borders to anyone who is not normally resident here….' https://www.gov.im/news/2020/mar/22/isle-of-man-to-close-borders-to-non-residents/ Statement 2: The Chief Minister said on 1 May 2020, at the Public Accounts Committee ('PAC') 'We listened to the advice of our medical professionals and Members who advocated closing our border. They told us that this would give our Health and Social Care System the best chance to fight this war.' http://www.tynwald.org.im/business/hansard/20002020/paces200501.pdf , see Line 69 Information Requests In relation to Statement 1 1. On what date was the Health Minister provided with that advice? 2. What other medical or clinical advice did the Health Minister receive in relation to the borders and when was that? 3. Please provide that medical or clinical advice. In relation to Statement 2 4. On what date was the Health Minister provided with that advice? 5. What other medical or clinical advice did the Health Minister receive in relation to the borders and when was that? 6. Please provide that medical or clinical advice. Generally: 7. On what date did the 'medical professionals' first give the advice to take action on the borders? 8. Please provide that medical / clinical advice. 9. How many days was it between the Health Minister receiving the medical / clinical advice to take action over the borders and that action being taken.

Data Tables (1)

Full Response Text

Interim Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA Tel: (01624) 642621 Email: dhsc@foi.gov.im Website: www.gov.im/dhsc

Our ref: 1368337 14th August 2020

Dear ###

We write further to your request which was received on 15th July 2020 and states:

"Statement 1: The Chief Minister, Howard Quayle MHK, said in a Press Briefing on 22 March 2020: 'I ' and my colleagues in the Council of Ministers ' have listened to the latest clinical advice and believe that now is the right time to move to the next stage of our plan to contain the spread of COVID-19 coronavirus in the Isle of Man. This includes closing our borders to anyone who is not normally resident here….' https://www.gov.im/news/2020/mar/22/isle-of-man-to-close-borders-to-non-residents/ Statement 2: The Chief Minister said on 1 May 2020, at the Public Accounts Committee ('PAC') 'We listened to the advice of our medical professionals and Members who advocated closing our border. They told us that this would give our Health and Social Care System the best chance to fight this war.' http://www.tynwald.org.im/business/hansard/20002020/paces200501.pdf,-seeLine 69 Information Requests – In relation to Statement 1 1. On what date was the Health Minister provided with that advice? 2. What other medical or clinical advice did the Health Minister receive in relation to the borders and when was that? 3. Please provide that medical or clinical advice. In relation to Statement 2 4. On what date was the Health Minister provided with that advice? 5. What other medical or clinical advice did the Health Minister receive in relation to the borders and when was that? 6. Please provide that medical or clinical advice. Generally: 7. On what date did the 'medical professionals' first give the advice to take action on the borders? 8. Please provide that medical / clinical advice.

1. How many days was it between the Health Minister receiving the medical / clinical advice to take action over the borders and that action being taken." Our response: While our aim is to provide information whenever possible, in this instance the following exemption under the Freedom of Information Act 2015 (the ‘Act’) has been engaged: • Section 34 - Formulation of policy In line with the terms of this exemption under the Act, we have considered whether it would be in the public interest for us to provide you with the information, despite the exemption being applicable. In this case, we have concluded that the public interest favours withholding the information as government policy formulation continues during this current period in time in response to the Covid-19 pandemic, and in this particular context, the Isle of Man Border. S34 is a class based qualified exemption and cannot be engaged unless the information concerned falls within the class of information described by the exemption. In this case the qualified exemption has been engaged under s34(1)(a), as the information which is the subject of the request relates to the formulation or development of government policy and is therefore exempt from disclosure. As s34 is a qualified exemption it is subject to a public interest test. When assessing whether or not it was in the public interest to disclose the information to you, we took into account the following factors: Public interest considerations favouring disclosure • Disclosure of the information would support transparency and promote accountability to the general public. • Disclosure to the public fulfils an educative role about the early stages in policy development and illustrates how the Department engages with stakeholders in response to the Covid-19 pandemic. Public interest considerations favouring withholding the information • In order to best develop COVID-19 policy and provide advice to Ministers, officials need a safe space in which free and frank discussion can take place. The need for this safe space is considered at its highest during the live stages of the development of a Covid-19 policy and/or providing advice. • It is important that this information is protected by a safe space. Premature disclosure of this information may limit the willingness of stakeholders to provide their honest views and advice. This would hamper and harm the COVID-19 policy–making process not only in relation to this subject area but in respect of future policy (including planning, assumptions etc.) development across wider Department operational activity.

• Disclosure of any information at this stage might generate misinformed debate in areas where future options have yet to be finalised. This would affect the ability of officials to provide advice away from external pressures, and to advise Ministers appropriately. This is particularly important when the matter being considered is live. This is of course currently the case as policy decisions in respect of the borders continue to be made. • The Border control remains under ongoing consideration and is liable to change to change in response to any changes in the medical advice regarding the pandemic. The Department, having considered the exemption and assessed the weighting of the public interest, including the risk of harm from disclosure, has concluded that the public interest is better served in maintaining the exemption during the on-going response to the Covid-19 pandemic. Pursuant to s15 of the Act, to provide advice and assistance, any Covid-19 medical and clinical advice provided by the Department will be further considered for deliberation, amendment and/or agreement within the Department and subsequently, on policy matters at Council of Ministers. Any advice which would warrant cross government visibility/discussion/decision is disseminated and deliberated through a pre-determined cross government command structure, where determined such advice would have potential to influence an Island wide national and international policy change, in this instance, closure of the border to contain the spread of COVID-19 in the Isle of Man to those persons not normally resident here, would be a decision made by the Council of Ministers on advice and input provided by numerous Departments within the Isle of Man Government. Such decisions are built on information provided over time versus balancing a number of risks. It must be noted, the protection of our care system and our collective response on managing local outbreaks of the disease was, and still is essential; this included how the disease was going to spread in our community and what impact this would have on our hospital and our intensive care unit (‘ICU’) capacity. You may find useful a descriptive narrative including the roles and functions of the Council of Ministers; available at: https://www.gov.im/about-the-government/council-of-ministers/the-council-of- ministers/ Additionally, advice and information regarding the Isle of Man borders during this period of time is available via the Isle of Man Government Covid-19 website; https://covid19.gov.im/general-information/travel-advice/borders-framework/ including a downloadable Isle of Man Borders Framework 2020 infographic; https://covid19.gov.im/media/1293/isle-of-man-borders-framework-2020-v6.pdf In taking these factors into account the Department of Health and Social Care determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 1368337 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