Key Worker Pathways

Summary

The applicant requested all versions of Key Worker pathways, supporting policy documents, and evidence regarding their creation and approval since the March 2020 border closure. The Cabinet Office provided an application form but refused to supply previous pathway versions, citing that they are already publicly available via Emergency Regulations.

Key Facts

• The request was received on 2020-12-23 and updated on 1 March 2021.
• The Cabinet Office provided a copy of the application form for key workers.
• Previous versions of Key Worker pathways were withheld as they are published in Emergency Regulations.
• The authority cited section 20(2)(b) of the Act to refuse providing information already accessible online.
• The case outcome was 'Not upheld' as of 2021-04-01.

Data Disclosed

• 2020-12-23
• 1 March 2021
• 2021-04-01
• 27 March 2020
• s20(2)(b)
• 8 pages
• 2 documents

Exemptions Cited

• s20(2)(b) of the Act (Information accessible to the applicant by other means)

Original Request

Copy of all Keyworker pathways as at 23 December and all previous versions of any Keyworker pathways (by whatever name known) since the border closure in March. Please also provide any supporting policy documents, email correspondence, research data and evidence informing the initial creation, development or changes in these pathways. A timeline of the changes would be of assistance. Please include information as to who designs the Keyworker pathways and how they are signed off by medics, public health, the relevant department and Council of Ministers and Tynwald. This request has also been sent to DHSC. 1 March 2021 Updated Request: 1. Copy of all Keyworker pathways in operation as at 23 December (with any supporting notes, guidance to decision makers or application form); I now have a copy of the Keyworker Pathways, please confirm if Cabinet Office holds any supporting guidance notes issued to decision makers or an application form to support the Keyworker pathways (and provide a copy of the same). I do not require a copy of any guidance document published on covid19.im. 2. All previous versions of any Keyworker pathways (by whatever name known) since the border closure in March. I understand that these have all been provided to me by DHSC (see attached email). Please confirm this is all the versions held by CABO. 3. Please also provide any supporting policy documents, testing regime information, emails or correspondence, research data and evidence informing the initial creation, development or changes in these pathways. A timeline of the changes would be of assistance. As above, please provide a copy of any research data, report, medical or clinical advice/recommendation which feeds into the approval process for the Keyworker pathway. The Keyworker pathways have been approved and changed over time. I am interested in who drafted the initial version, who each final version was approved and what information fed into the changes from the previous version. If the approval was given by a junior officer then I do not require that individual's name (only their job title). If approval was given by a senior officer or a committee then please provide the relevant information. Is there a departmental process document, memo, minutes, email chain which specifies who has authority to create the original keyworker pathway and the steps necessary to amend and approve each version? If so, please provide the relevant information. Was each version of the keyworker pathway presented to a decision maker or making body and signed off? If so, please provide the relevant information. Was the keyworker pathway accompanied by a policy paper, evidence or data explaining why changes were necessary? If so, please provide the relevant information. 4. Please include information as to who designs the Keyworker pathways and how they are signed off by medics, public health, the relevant department and Council of Ministers and Tynwald. This request has also been sent to Cabinet Office.

Data Tables (11)

Full Response Text

Our response is as follows: We understand that you now have a copy of the Key Worker pathways. Please find attached the application form used in respect of key workers for your information. You also requested: 2. “All previous versions of any Keyworker pathways (by whatever name known) since the border closure in March. I understand that these have all been provided to me by DHSC (see attached email). Please confirm this is all the versions held by CABO. “ Our response is as follows: We have taken “Key Worker Pathways” to mean exemption categories that relate to Key Workers that have been able to enter the Island since the restrictions on entry to the Island have been in place (since 27 March 2020). These are set out in the Emergency Regulations relating to entry which have been amended throughout the pandemic and are available publicly. As this is information already available online, under s20(2)(b) of the Act (Information accessible to the applicant by other means), we are not required to provide such, but have provided a link below: https://www.tynwald.org.im/links/tls/SD/Pages/2020-Emergency-Powers.aspx 3. “Please also provide any supporting policy documents, testing regime information, emails or correspondence, research data and evidence informing the initial creation, development or changes in these pathways. A timeline of the changes would be of assistance. As above, please provide a copy of any research data, report, medical or clinical advice/recommendation which feeds into the approval process for the Keyworker pathway. The Keyworker pathways have been approved and changed over time. I am interested in who drafted the initial version, who each final version was approved and what information fed into the changes from the previous version. If the approval was given by a junior officer then I do not require that individual's name (only their job title). If approval was given by a senior officer or a committee then please provide the relevant information. Is there a departmental process document, memo, minutes, email chain which specifies who has authority to create the original keyworker pathway and the steps necessary to amend and approve each version? If so, please provide the relevant information. Was each version of the keyworker pathway presented to a decision maker or making body and signed off? If so, please provide the relevant information.

Was the keyworker pathway accompanied by a policy paper, evidence or data explaining why changes were necessary? If so, please provide the relevant information.“ This point of your request has not been significantly narrowed. In order to gather any information on the basis of your request for this point, without narrowing the scope there will be an extremely large number of documents that would require a significant
number of hours for the team to review and redact certain information. As such the Cabinet Office will not be able to provide this information as a practical refusal reason applies in line with s11.3(d) of the Freedom of Information Act 2015. s11.3(d) - the request for information is vexatious, malicious, frivolous, misconceived or lacking in substance; Section 2.4(b) in the Code of Practice provides indicators of when a request may be considered to be vexatious due to the burden on an authority, i.e. the effort required to meet the request being be disproportionate in terms of the strain on time and resources; and that an Authority cannot reasonably be expected to comply, no matter how legitimate the subject matter or valid the in intentions of the applicant. If you think the scope of your request can be narrowed on this point then we would be pleased to consider a narrowed request. Keyworker pathways are set out in the Emergency Regulations relating to entry and are available publicly at: https://www.tynwald.org.im/links/tls/SD/Pages/2020- Emergency-Powers.aspx, and the dates that these came into effect provide a timeline. 4. “Please include information as to who designs the Keyworker pathways and how they are signed off by medics, public health, the relevant department and Council of Ministers and Tynwald. This request has also been sent to Cabinet Office." In response to the pandemic as an Island it was recognised that our borders presented the main risk of importing Covid-19. However, there is a level of movement across the border required to allow society to function and to protect life, to maintain critical national infrastructure, to maintain public safety and support a controlled return to normality. The policy for keyworker entry is designed with input from the relevant department and Public Health. Council of Ministers considers the policy and if agreed this is brought about by the regulations which then require approval by Tynwald.
Please quote the reference number 1613609 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

PUBLIC HEALTH PROTECTION (CORONAVIRUS) REGULATIONS 2020 EXEMPTION REQUEST REFERENCE NUMBER:

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Page 1 of 4 V5.0 – Exemption Request Form (Keyworker)

APPLICANT(S) Group or individual travelling to the Isle of Man Single or Group Application

Full Name of Lead Applicant
Name: Mobile Number / Contact Number: Email Address:
Full name/s of all Other applicant(s)

Contact details for each applicant (a phone number must be provided for each applicant to enable the Travel Notification Team to contact the individual while on island) Name: Mobile Number: Email:

Name: Mobile Number: Email:

Name: Mobile Number: Email: Company Name (Who applicant/s work for)

Date of arrival on island

Date of departure from island

Address where you intend to stay whilst working on the Isle of Man:

Place(s) you intend to work at: (if more than one location please provide details for each, use separate sheet if necessary)

Manx Sponsor Company Name

Sponsor Company Contact (if possible provide mobile phone number as applicants may need to contact them out of hours) Name:

Mobile Number / Contact Number:

Email Address:

What is the nature of your employment: (e.g. engineer, training specialist)

Details of work to be carried out

PUBLIC HEALTH PROTECTION (CORONAVIRUS) REGULATIONS 2020 EXEMPTION REQUEST REFERENCE NUMBER:

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Page 2 of 4 V5.0 – Exemption Request Form (Keyworker)

State why is it essential for the work to take place at this time.

Describe the impact in the event of the work not being done.

Explain why the work cannot be done by on-island person/company.

Explain the consequences of this request being declined.

Any other information in support of your application.

Intended level of contact with persons already on Isle of Man:

Please submit a separate risk assessment clearly stating the actions that will be taken to mitigate the risk of transmission of Covid-19 to support this application.

Under which exemption is the application made?
A Category A person may be exempted from the prohibition of entry to the Isle of Man under the Public Health Protection (Coronavirus) Regulations 2020. Please indicate which type of Category A person the applicant is from the following options (please tick the appropriate type): 3A non-resident key workers (1) (a) the non-resident is a member of the merchant navy (DOI)

(1) (b) the non-resident is a person who is vital to critical national infrastructure of the Island and who enters the Island to provide services for that infrastructure (DOI)

(1) (c) the non-resident is a supplier of goods or services that are essential for the Island’s health infrastructure or for the health or care of the community (DHSC)

(1) (d) the non-resident is a member of the armed forces who enters the Island for the protection of life or property (DHA)

(1) (e) the non-resident is a police officer or a fire officer employed by that Department (DHA)

(1) (f) the non-resident is a person to whom an offer of employment as a police officer or a fire officer in that Department has been made by it (DHA)

(1) (g) the non-resident is a member of the Island’s judiciary appointed under section 3 or 3B of the High Court Act 1991 and who the Chief Registrar is satisfied enters the Island for a judicial purpose (Chief Registrar)

PUBLIC HEALTH PROTECTION (CORONAVIRUS) REGULATIONS 2020 EXEMPTION REQUEST REFERENCE NUMBER:

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Page 3 of 4 V5.0 – Exemption Request Form (Keyworker)

(1) (h) the non-resident is the holder of a temporary advocate’s licence issued by the First Deemster under section 15 of the Advocates Act 1995 and who the Chief Registrar is satisfied enters the Island to participate in proceedings before any court, tribunal or other person exercising a judicial function under a Manx enactment (Chief Registrar)

(1) (i) the non-resident is a person who the Chief Registrar is satisfied enters the Island to participate in proceedings before any court, tribunal or other person exercising a judicial function under a Manx enactment, whether as a witness or a party to the proceedings
(Chief Registrar)

(1) (j) the non-resident is a person who the Chief Registrar is satisfied enters the Island as a chaperone to a person referred to in paragraph (i) (Chief Registrar)

(1) (k) the non-resident is a person whose presence in the Island is in the interests of the economy of the Island (DFE)

(1) (l) the non-resident is a person whose presence in the Island is necessary for compliance with international obligations that apply to the Island or for the provision of diplomatic, consular or related services (CS)

(1) (m) the Chief Secretary is satisfied, following consultation with the Department of Health and Social Care or the Director of Public Health that the failure to exempt a non- resident from the prohibition in regulation 11 poses a greater risk to public safety and the life of the community than the risk of exempting that person (DHSC)

(1) (n) the non-resident is a person whose presence in the Island is in the public interest as specified in guidance published by the Chief Secretary (CS)

8A. Emergency services - A person who is employed or engaged in the provision of emergency services and who enters the Island to perform those services is a Category A person. “Emergency services” means — (a) emergency search and rescue services; (b) air ambulance services; and (c) services as an air accident inspector with the United Kingdom Air Accidents Investigation Branch. (CS)

11A. Planning appeal inquiries - the individual is — (a) a planning inspector, as defined in the Town and Country Planning (Development Procedure) Order 2019; or (b) an expert or professional with appropriate and essential expertise, whose attendance at a planning appeal inquiry is necessary. (CS)

12A. Removal and transportation services - A person who provides removal or transportation of furniture, personal effects and personal property services into, and out of, the Island. (CS)

Are self-isolation modifications being sought?

No

Please note if you select this option the individuals will be required to self-isolate for the full self-isolation period before attending work. Yes

Please specify the modified conditions you are requesting (testing pathway).

Please note that any request for modification to self-isolation needs to be approved by the DHSC and is not guaranteed. Conditions approved will be clearly stated on the certificate. The Cabinet Office is the data controller and will retain your information with your consent required if you wish to seek an exemption from self-isolation upon return to the Isle of Man. Our Privacy Statement can be found here: www.gov.im/about-the-government/departments/cabinet-office/privacy-notice/ or click on this [link] and has been updated to set out the purposes for collection of your data.

PUBLIC HEALTH PROTECTION (CORONAVIRUS) REGULATIONS 2020 EXEMPTION REQUEST REFERENCE NUMBER:

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Page 4 of 4 V5.0 – Exemption Request Form (Keyworker)

Official Use Only Consultation with the relevant sponsoring Government Department

Decision:
Supported
Not Supported

Chief Executive:

Department:

Date:

Self-isolation modifications

Decision:
Supported
Not Supported
Validating Chief Executive:

Department:

Date:

Comments from DHSC (approved testing pathway)

Chief Secretary Decision

Decision: Certified

Not Certified

Certifier:

Date:

The Cabinet Office is the data controller and will retain your information with your consent required if you wish to seek an exemption from self-isolation upon return to the Isle of Man. Our Privacy Statement can be found here: www.gov.im/about-the-government/departments/cabinet-office/privacy-notice/ or click on this [link] and has been updated to set out the purposes for collection of your data.