Declaration of conflict of interest

Summary

A request was made to determine if MHK Andrew Smith declared a conflict of interest regarding a 2021 gas price vote and if any investigation occurred into an undeclared conflict. The Office of the Clerk of Tynwald withheld all information, citing that voting records are publicly accessible via Hansard and that investigating a member's conduct falls under parliamentary privilege.

Key Facts

• The request concerns Andrew Smith, MHK, and a vote on gas price increases in October 2021.
• The authority stated that information on declarations of interest is accessible by other means, specifically via the Tynwald website and Hansard.
• The authority refused to confirm or deny if an investigation into an undeclared conflict exists due to parliamentary privilege.
• A certificate signed by the President of Tynwald was provided to validate the exemption claim.
• The request was formally closed on 16 September 2022.

Data Disclosed

• 2598157
• 2022-08-23
• 2022-09-16
• October 2021
• 19th October 2021
• section 20(2)(b)
• section 22(1)(a)(i)
• s10.1
• s10.2
• page 53
• page 96
• page 100
• paragraphs 4.1 and 4.8
• 01624 685500

Exemptions Cited

• Section 20(2)(b) of the Freedom of Information Act 2015 (Information accessible to applicant by other means)
• Section 22(1)(a)(i) of the Freedom of Information Act 2015 (Parliamentary privilege and business)

Original Request

Can you please advise if Andrew Smith, MHK, declared a conflict of interest in the gas price increase vote in Tynwald in October 2021 due to his private business providing heating oil and firewood? If Mr Smith declared a conflict of interest, who granted permission for him to vote to support the gas price increase. If Mr Smith did not declare a conflict of interest, have any steps been taken to investigate an undeclared conflict?

Data Tables (1)

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: 2598157 16 September 2022

Dear ###

I write further to your request which was received on 23 August 2022 and which states:

"Can you please advise if Andrew Smith, MHK, declared a conflict of interest in the gas price increase vote in Tynwald in October 2021 due to his private business providing heating oil and firewood? If Mr Smith declared a conflict of interest, who granted permission for him to vote to support the gas price increase. If Mr Smith did not declare a conflict of interest, have any steps been taken to investigate an undeclared conflict?" Our response In respect of paragraphs one and two of your request, while our aim is to provide information whenever possible, in this instance an Absolute Exemption applies under section 20(2)(b) of the Freedom of Information Act 2015 (Information accessible to applicant by other means). The Standing Orders of Tynwald Court set out: 1) Circumstances in which a Member shall not vote and the duty to give an oral declaration of an interest (s10.1 and s10.2, page 53). 2) Code of Conduct for Members of Tynwald (Annex 6, page 96) 3) Register of Members’ Interests Rules (Annex 7, page 100) Link to the Standing Orders of Tynwald Court: https://www.tynwald.org.im/business/sto/Documents/2021-PP-0176.pdf Link to the Register of Members’ Interest on the Tynwald website: https://www.tynwald.org.im/memoff/interest/Pages/default.aspx

The Hansard of the debate Tynwald Court 19th October 2021, Item 10: Gas Regulation Act 1995 – Gas (Tariff Fixing) (Amendment) Regulations 2021 is available on the Tynwald website: https://www.tynwald.org.im/business/hansard/20002020/t211019.pdf With regard to paragraph three of your request: The remit of the Tynwald Standards and Members Interests Committee is set out in the Schedule to the Standing Orders of Tynwald Court at paragraphs 4.1 and 4.8. The Committee may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code of Conduct for Members, including the expectation that Members observe the Standing Orders. We are not required to either confirm or deny whether we hold the requested information because, if the information requested did exist or if it was held by us, an exemption under s22(1)(a)(i) (Parliamentary privilege and business) of the Act would apply to that information. This is because disclosure of this information could reasonably be viewed as interfering with Tynwald’s right to oversee its own proceedings, including conducting an investigation into a Member’s conduct. Please find enclosed a copy of the certificate signed by the President of Tynwald certifying that the exemption is required. Please quote the reference number 2598157 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.

FOI Co-ordinator Email foi@tynwald.org.im