indemnity insurance

Summary

The requester asked for documentation on internal discussions regarding indemnity insurance, funding strategies, and past claims for the Office of the Clerk of Tynwald. The authority responded that it does not hold the requested information, confirmed there are no funding strategies or past claims, and directed the requester to the Treasury for insurance policy details.

Key Facts

• The Office of the Clerk of Tynwald does not hold documentation on internal discussions regarding indemnity insurance.
• There is no specific funding strategy in relation to indemnity insurance held by the office.
• There have been no claims made in relation to indemnity insurance.
• The Personal Liability (Ministers, Members and Officers) Act 2007 specifically indemnifies the Clerk of Tynwald and officers.
• General insurance policy information is held by the Treasury on behalf of all government departments.

Data Disclosed

• 2021-01-08
• 2021-01-26
• 1624497
• 2007
• 01624 685500

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Information not held)
• Section 20 of the Freedom of Information Act 2015 (Information reasonably accessible)

Original Request

What documentation or information is available on internal discussions, if any, in relation to the relative importance of indemnity insurance in any sustainable corporate strategy, in the absence of any directors and officers protection please confirm acceptance that the Isle of Man Government policy does not apply to the legally distinct parliament (as per OHR policies) and in common with the Treasury arrangements any insurance policy would specifically exclude any nonfeasance or malfeasance in public office, any efforts to defend such actions or inactions should not include employee hours and please clarify the funding strategy in relation to any future claims and summarise at least the financial impact of any previous claims.

Data Tables (2)

Full Response Text

Freedom of Information Co-Ordinator Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man IM1 3PW Telephone: 01624 685500

Our ref: 1624497 26 January 2021

We write further to your request which was received on 8th January 2021 and which states:

"What documentation or information is available on internal discussions, if any, in relation to the relative importance of indemnity insurance in any sustainable corporate strategy, in the absence of any directors and officers protection please confirm acceptance that the Isle of Man Government policy does not apply to the legally distinct parliament (as per OHR policies) and in common with the Treasury arrangements any insurance policy would specifically exclude any nonfeasance or malfeasance in public office, any efforts to defend such actions or inactions should not include employee hours and please clarify the funding strategy in relation to any future claims and summarise at least the financial impact of any previous claims." Our aim is to provide information whenever possible. However, in this instance the information you have requested is not held by the Office of the Clerk of Tynwald. Response to your request Under section 11(3)(a) of the Freedom of Information Act 2015 we are refusing your application on the grounds that a practical refusal reason applies in this instance as the Office of the Clerk of Tynwald does not hold or cannot, after taking reasonable steps, find the information that you have requested. There is no documentation or information of any “internal discussions in relation to the relative importance of indemnity insurance in any sustainable corporate strategy”. There is no funding strategy in relation to indemnity insurance. There have been no claims in relation to indemnity insurance.

We would refer you to the Personal Liability (Ministers, Members and Officers) Act 20071, which specifically indemnifies the Clerk of Tynwald and officers serving in the Clerk of Tynwald’s Office. This Act is available online. Under section 20 of the Freedom of Information Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. To provide help and assistance, any application of indemnity insurance or insurance policy information is held by Treasury on behalf of all Isle of Man Government Departments, Boards and Offices; this includes the Clerk of Tynwald’s Office. We suggest that further queries on this subject are directed to Treasury, they are also subject to this Act. You can re-submit your request, or further questions, via the on-line portal which can be found at https://www.gov.im/foi Please quote the reference number 1624497 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 1 http://www.legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/2007/2007- 0007/PersonalLiabilityMinistersMembersandOfficersAct2007_2.pdf

FOI Co-Ordinator Office of the Clerk of Tynwald https://www.tynwald.org.im/links/foi/