Request for copies of the ACMD Annual Reports

Summary

The requester asked for ACMD Annual Reports from 2013 to 2020, but the Department of Health and Social Care refused the request stating they do not hold the information.

Key Facts

• The Department of Health and Social Care does not hold the requested ACMD Annual Reports.
• The information is held by Public Health within the Cabinet Office.
• The refusal was issued under Section 11(3)a of the Freedom of Information Act 2015.
• The request was received on 2020-11-30 and the outcome was issued on 2020-12-23.
• The requester cited the Misuse of Drugs Act 1976 as the basis for the reports' existence.

Data Disclosed

• 1581035
• 2020-11-30
• 2020-12-23
• 2013 - 2014
• 2014 - 2015
• 2015 - 2016
• 2016 - 2017
• 2017 - 2018
• 2018 - 2019
• 2019 - 2020
• Section 11(3)a
• Section 1
• 1976
• 2015

Exemptions Cited

• Section 11(3)a of the Freedom of Information Act 2015 (Information not held)

Original Request

As per legislation (Misuse of Drugs Act 1976, Section 1), the ACMD (Advisory Council for the Misuse of Drugs) are required to annually provide a report and lay before Tynwald. Please supply copies of the report for the years: 2013 - 2014 2014 - 2015 2015 - 2016 2016 - 2017 2017 - 2018 2018 - 2019 2019 - 2020 If these are provided by a link to a public space that would be satisfactory but full PDF copies in response to this request are preferential. If there is a cost associated with accessing the reports, please contact me and I will arrange reasonable and justified payment.

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: 1581035 23rd December 2020

Dear ###

We write further to your request which was received on the 30th November 2020 and states:

“As per legislation (Misuse of Drugs Act 1976, Section 1), the ACMD (Advisory Council for the Misuse of Drugs) are required to annually provide a report and lay before Tynwald. Please supply copies of the report for the years: 2013 - 2014 2014 - 2015 2015 - 2016 2016 - 2017 2017 - 2018 2018 - 2019 2019 - 2020 If these are provided by a link to a public space that would be satisfactory but full PDF copies in response to this request are preferential. If there is a cost associated with accessing the reports, please contact me and I will arrange reasonable and justified payment.” Our Response: While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care (“the Department”) is unable to provide the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. In order to provide advice and assistance you may wish to re-submit your request to Public Health within the Cabinet Office who may be able to help you. The information you have requested is held by the Cabinet Office.

Please quote the reference number 1581035 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