CO un-redacted email to planning Inspector Mr Hurley.

Summary

The requester sought unredacted emails and selection process details regarding Planning Inspector Mike Hurley and the Eastern Area Plan. The Cabinet Office refused to disclose information relating to communications with the Lieutenant Governor under Section 23 of the Act, stated they did not hold responses from other inspectors, and directed the requester to previous FOI responses for other items.

Key Facts

• The request concerns emails between Andy Johnstone (CSO) and Planning Inspector Mike Hurley regarding the Eastern Area Plan.
• Information regarding the original correspondence engaging Mr. Hurley was withheld under Section 23 of the Freedom of Information Act 2015.
• The Cabinet Office stated it does not hold the responses from the six other inspectors approached.
• Several parts of the request were deemed previously answered in FOI requests 1727858 and 1774158.
• The Information Commissioner upheld the complaint as 'not upheld' on 2021-11-12.

Data Disclosed

• 1786413
• 1727858
• 1774158
• 25 March 2019
• 17 February 2020
• 27 November 2019
• June 2019
• 11 May 2021
• 7 June 2021
• 2021-11-12
• 6 Inspectors
• Section 23
• Freedom of Information Act 2015

Exemptions Cited

• Section 23 of the Freedom of Information Act 2015 (Communications with the Lieutenant Governor)

Original Request

RE- previous request 1727858. I was provided with an email 25 March 2019 15:44 from: Johnstone, Andy (CSO) To: Mike Hurley. Subject: Eastern Area Plan. It is accepted that personal details are redacted. a) please provide the email complete without the whole of the last sentence redacted.[Public Inquiries are fully transparent processes?] b) please provide the original correspondence engaging Mr Hurley as the Inquiry Inspector anticipating a June 2019 Inquiry date. I was provided with an email 17 February 2020:11:34 Johnstone,Andy (CSO) To: Mike Hurley; Subject: TAPE. Please provide the complete email as sent. I was provided with an email 27 November 2019 14:26 from Johnstone ,Andy(CSO) to Mike Hurley. Subject Site DH011. Please provide the response from Mike Hurley be it email/note of telephone conversation/memo etc. At item c) it was replied 6 Inspectors were approached. 1) please provide the responses from all 6 Inspectors.2) please provide the process of selection Mr Hurley went through to be the successful applicant.

Data Tables (1)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 1786413 7 June 2021

Dear ###

We write further to your request which was received on 11 May 2021 and which states:

"RE- previous request 1727858. I was provided with an email 25 March 2019 15:44 from: Johnstone, Andy (CSO) To: Mike Hurley. Subject: Eastern Area Plan. It is accepted that personal details are redacted. a) please provide the email complete without the whole of the last sentence redacted.[Public Inquiries are fully transparent processes?] b) please provide the original correspondence engaging Mr Hurley as the Inquiry Inspector anticipating a June 2019 Inquiry date. I was provided with an email 17 February 2020:11:34 Johnstone, Andy (CSO) To: Mike Hurley; Subject: TAPE. Please provide the complete email as sent. I was provided with an email 27 November 2019 14:26 from Johnstone, Andy(CSO) to Mike Hurley. Subject Site DH011. Please provide the response from Mike Hurley be it email/note of telephone conversation/memo etc. At item c) it was replied 6 Inspectors were approached. 1) please provide the responses from all 6 Inspectors.2) please provide the process of selection Mr Hurley went through to be the successful applicant." Our response to your request is as follows: "RE- previous request 1727858. I was provided with an email 25 March 2019 15:44 from: Johnstone, Andy (CSO) To: Mike Hurley. Subject: Eastern Area Plan. It is accepted that personal details are redacted. a) please provide the email complete without the whole of the last sentence redacted.[Public Inquiries are fully transparent processes?] This was previously responded to in your previous Freedom of Information request, please see response 1727858.

b) please provide the original correspondence engaging Mr Hurley as the Inquiry Inspector anticipating a June 2019 Inquiry date. While our aim is to provide information whenever possible, in this instance the information is absolutely exempt from disclosure under section 23 of the Act because it relates to communications with the Lieutenant Governor. I was provided with an email 17 February 2020:11:34 Johnstone, Andy (CSO) To: Mike Hurley; Subject: TAPE. Please provide the complete email as sent. This was previously answered in your FOI request 1727858. I was provided with an email 27 November 2019 14:26 from Johnstone, Andy(CSO) to Mike Hurley. Subject Site DH011. Please provide the response from Mike Hurley be it email/note of telephone conversation/memo etc. This was responded to in your FOI request 1774158. At item c) it was replied 6 Inspectors were approached. 1) please provide the responses from all 6 Inspectors. While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold this information. 2) please provide the process of selection Mr Hurley went through to be the successful applicant." This question was answered in your previous Freedom of Information request 1727858. Please quote the reference number 1786413 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