Legal advice

Summary

A request was made for legal advice sought by the Cabinet Office in 2020 regarding quarantine charges and the use of the Comis Hotel as a detention facility. The Attorney General's Chambers responded that they do not hold the requested information.

Key Facts

• The request was received on 11 August 2022.
• The response was issued on 8 September 2022.
• The authority stated it does not hold the information within the scope of the request.
• The refusal was based on section 11(3)(a) of the Freedom of Information Act 2015.
• The requester was directed to answers provided to oral questions at the May 2020 sitting of Tynwald.

Data Disclosed

• 2020
• 11 August 2022
• 8 September 2022
• 2575285
• May 2020

Exemptions Cited

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

Original Request

1. In 2020, was any legal advice sought by the Cabinet Office from the Attorney General Chambers considering the legality of charging for quarantine and the use of the Comis Hotel as a place of detention? 2. If so, what date(s) was such advice sought and what date(s) was a reply received. Regards

Data Tables (1)

Full Response Text

Attorney General's Chambers Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452 E-mail: attgen@gov.im

Our ref: 2575285 8 September 2022

Dear ###

We write further to your request which was received on 11 August 2022 and which states: 1. In 2020, was any legal advice sought by the Cabinet Office from the Attorney General Chambers considering the legality of charging for quarantine and the use of the Comis Hotel as a place of detention? 2. If so, what date(s) was such advice sought and what date(s) was a reply received. While our aim is to is to provide information whenever possible, in this instance a practical refusal reason applies under section 11(3)(a) of the Freedom of Information Act 2015 (“the Act”), as the Attorney General’s Chambers does not hold the information requested within the scope of the request. In the interests of providing advice and assistance, under section 15 of the Act, you may wish to refer to the answer provided to oral question 1 at the May 2020 sitting of Tynwald, provided here, and the further information provided in respect of such, here. Please quote the reference number 2575285 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

1. 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.

Head of Crown Attorney General’s Chambers