EU Whistleblowing Directive

Summary

The requester sought all documents related to the EU Whistleblowing Directive and its potential extension to the Isle of Man, but the Cabinet Office responded that it does not hold such information.

Key Facts

• The Cabinet Office confirmed it does not hold the requested information regarding the EU Whistleblowing Directive.
• The Office of Human Resources conducted a consultation on an updated Whistleblowing Policy between 7 July 2021 and 17 August 2021.
• The authority stated there is no legal obligation for the UK or Isle of Man to implement the Directive following the end of the transition period on 31 December 2020.
• Whistleblowing falls outside the scope of the UK-EU Trade and Cooperation Agreement.
• The request was initially broad and required clarification before the final search was conducted.

Data Disclosed

• 2127250
• 2019/1937/EU
• 17 December 2021
• 31 December 2020
• 7 July 2021
• 17 August 2021
• 2018-2021
• 2019-2021
• 6 December 2021
• 10 December 2021
• 4 December 2021
• 5 January 2022

Original Request

Please release all information such as meeting agenda items/dates, minutes, filenotes, emails, letters, reports, etc related to the new EU Whistleblowing Directive (2019/1937/EU) to include extension of legal aid to whistleblowers given the UK deadline to progress by 17th December 2021 under the UK-EU trade and co-operation agreement and given the Isle of Man policy to comply with UK-EU legal obligations and given a Google site:gov.im search with 0 results. As discussed, I think perhaps an initial search limited to the policy team, external relations and OHR would appear to be adequate. A search on references to "2019/1937/EU" and "EU Whistleblowing Directive" in network emails and network files by those division teams would appear to be adequate. I think the timeline 2019-2021 but just in case 2018-2021 would appear to be adequate. I have briefly discussed with XXXX XXXXXX and she says she was tasked to research the new draft whistleblowing policy included in the recent public consultation and as part of that research limited UK legislative progress noted. It appears to be an identified workstream in Cabinet Office and potentially DfE -- I already have a pending FOI request. It would be useful to know the strategy and delivery framework and any deadlines to review or progress localised legislation and equally perhaps whether or not it is anticipated UK legislation would be extended to the Isle of Man instead to meet UK-EU compliance deadlines.

Data Tables (4)

Full Response Text

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

Our ref: 2127250 5 January 2022

Dear ###

We write further to your request which was received on 6 December 2021 and which states:

"Please release all information such as meeting agenda items/dates, minutes, filenotes, emails, letters, reports, etc related to the new EU Whistleblowing Directive (2019/1937/EU) to include extension of legal aid to whistleblowers given the UK deadline to progress by 17th December 2021 under the UK-EU trade and co-operation agreement and given the Isle of Man policy to comply with UK-EU legal obligations and given a Google site:gov.im search with 0 results. We wrote to you on 4 December 2021 to ask for further clarification on the information sought as the request was very broad. To allow us to fully understand your request and to enable us to search, locate and identify what you are looking for please can you: • Consider which specific which documents is it that you require? Please confirm: Which meetings? Minutes? Filenotes? Letters and reports? • Provide specific date ranges for each recorded information item and documents you are seeking. • Clarify which exact Division(s) or authorities for each specific document you are seeking? • Consider narrowing your request further, as asking to provide 'all information' may be considered burdensome on the Cabinet Office.” On 10 December 2021 you discussed your request with one of our colleagues and then provided the following clarification via e-mail: “As discussed, I think perhaps an initial search limited to the policy team, external relations and OHR would appear to be adequate. A search on references to "2019/1937/EU" and "EU Whistleblowing Directive" in network emails and network files by those division teams would appear to be adequate. I think the timeline 2019-2021 but just in case 2018-2021 would appear to be adequate.

I have briefly discussed with XXXX XXXXXX and she says she was tasked to research the new draft whistleblowing policy included in the recent public consultation and as part of that research limited UK legislative progress noted. It appears to be an identified workstream in Cabinet Office and potentially DfE -- I already have a pending FOI request. It would be useful to know the strategy and delivery framework and any deadlines to review or progress localised legislation and equally perhaps whether or not it is anticipated UK legislation would be extended to the Isle of Man instead to meet UK-EU compliance deadlines." Our response to your clarified request is as follows: While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold the information that you have requested. The Office of Human Resources, Cabinet Office carried out a consultation on an updated draft of the Isle of Man Government Whistleblowing Policy and Procedure, 7 July 2021 – 17 August 2021. This is the current policy. Although the deadline for European Union (EU) Member States to transpose the Directive you refer to into national law is 17 December 2021, since the UK left the EU completely (end of the transition period) on 31 December 2020, the UK is no longer an EU Member State and so there is no legal obligation on the UK to implement it. We are not aware of anything in the Trade and Cooperation Agreement that requires the UK to implement EU Directives that were adopted before the UK left the EU but didn’t have to be implemented until a date after it left. There is not a policy “to comply with UK-EU legal obligations” as this area (whistleblowing) would fall outside of our former relationship with the EU (as set out in Protocol 3) and our current relationship with the EU (as set out in the goods and fisheries chapters of the Trade Cooperation Agreement). Please quote the reference number 2127250 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