Legal advice

Summary

The requester asked if the Department of Home Affairs sought legal advice in 2020 regarding quarantine charges and the use of the Comis Hotel. The authority responded that it did not hold such information because the Department of Infrastructure, not Home Affairs, was responsible for establishing the facility.

Key Facts

• The Department of Home Affairs did not request legal advice regarding the use of the Comis Hotel.
• The Department of Infrastructure undertook the work to establish the Comis Hotel as a quarantine facility.
• The request was received on 11 August 2022 and closed on 7 September 2022.
• The authority stated it does not hold or cannot find the requested information after taking reasonable steps.
• Requesters are advised to approach the Department of Infrastructure for further assistance.

Data Disclosed

• 2020
• 11 August 2022
• 7 September 2022
• 2577185
• IM2 5AP
• 01624 694341

Original Request

1. In 2020, was any legal advice sought by the Department of Home Affairs 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.

Data Tables (1)

Full Response Text

Chief Executive's Office DHA Headquarters Tromode, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 694341 Web address: www.gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Our ref: 2577185 7 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 Department of Home Affairs 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 provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. The Department of Home Affairs did not request legal advice in relation to the use of the Comis hotel. In order to provide help and advice, the Department of Infrastructure undertook the work to establish the Comis hotel as a quarantine facility during the pandemic. You may wish to approach that Department who may be able to help you.

Please quote the reference number 2577185 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.