independent monitoring board

Summary

The requester asked for details on the appointment process and member history of the Independent Monitoring Board (IMB) from 2019 to 2022. The Department of Home Affairs disclosed the legal basis for appointments and confirmed that member names were withheld due to unanimous refusal, though appointment and expiry dates were provided.

Key Facts

• The Independent Monitoring Board was previously known as the Visiting Committee and the Board of Visitors.
• The IMB has been in existence for more than sixty years.
• The Department does not hold information regarding policy decisions on using the Appointments Commission for IMB appointments.
• The Department has not considered using the Appointments Commission as there is no evidence of a lack of independence in the current Board.
• Unanimous refusal was received for the release of IMB member names.

Data Disclosed

• 2019
• 2022
• 2015
• 1995
• 2006
• 60 years
• 15 years
• 2609927
• 2022-09-06
• 2022-09-29

Exemptions Cited

• Unanimous refusal for the names of members of the IMB to be released

Original Request

Please release and/or redirect to any and all information to better understand discussions and decisions for DHA to appoint board members rather than the Cabinet Office appointments commission or the Courts appointments commission, acknowledged as an important independent oversight role of DHA functions. Please confirm any maximum continuous or total years service of a board member. Please confirm the names and, if not names due to an exemption, unique board member appointment number with appointment date and any reappointment dates and any departure date with reason re each board member and any additional indication of any members that have been dismissed or have resigned of their own volition or have been asked to resign for example to avoid or minimise reputational risk to DHA active at any time from 2019 to 2022.

Data Tables (1)

Full Response Text

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

Telephone: (01624) 694313 Web address: www.gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Our ref: 2609927 29 September 2022

Dear ###

We write further to your request which was received on 6 September 2022 and which states:

"Please release and/or redirect to any and all information to better understand discussions and decisions for DHA to appoint board members rather than the Cabinet Office appointments commission or the Courts appointments commission, acknowledged as an important independent oversight role of DHA functions. Please confirm any maximum continuous or total years service of a board member. Please confirm the names and, if not names due to an exemption, unique board member appointment number with appointment date and any reappointment dates and any departure date with reason re each board member and any additional indication of any members that have been dismissed or have resigned of their own volition or have been asked to resign for example to avoid or minimise reputational risk to DHA active at any time from 2019 to 2022."

Our response to your request is as follows: After a reasonable search, the Department does not hold the information in relation to the policy decision in respect of the use of the Appointments Commission to appoint members of the IMB. In order to provide help and advice, the Department would advise the following: The Independent Monitoring Board was previously known as the Visiting Committee and subsequently the Board of Visitors and has been in existence for more than sixty years. The most recent version of the Custody Rules, the Custody Rules 2015, made under the Custody Act 1995, set out the constitution, appointment and duties of the IMB. The original intent of the Appointments Commission, made under the Tribunals Act 2006, was to make appointments to Tribunals. While that role has expanded somewhat over the past 15 years, the Department has not given consideration to the -

-use of the Appointments Commission as it has not seen evidence to support any lack of independence - perceived or actual - of the current Board or its members. Unanimous refusal for the names of members of the IMB to be released has been received however I can confirm the below appointment and expiry dates to you:

Please quote the reference number 2609927 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.