FOI - Cabinet Office - Unpublished Responses to FOI Requests
| Authority | Cabinet Office |
|---|---|
| Date received | 2022-09-07 |
| Outcome | Some information sent but part exempt |
| Outcome date | 2022-10-11 |
| Case ID | 2615745 |
Summary
The requester asked for unpublished FOI responses from the Cabinet Office since the Act's introduction, but the authority provided two specific past responses instead: one refusing a repeated request about appeal times and another confirming no drug testing policy exists for government workers.
Key Facts
- The Cabinet Office refused a request regarding average appeal times as it was substantially similar to a previous request from September 2019.
- The authority confirmed there is no specific policy for drug testing Isle of Man Government workers.
- An Alcohol & Drug Workplace Policy for the Public Service exists and applies to employees.
- The response included standard information regarding the right to request an internal review or appeal to the Information Commissioner.
- The original request covered the period from the introduction of the FOIA under the 2015 Appointed Day Order to the date of the request.
Data Disclosed
- 2018 - 2019
- 12 November 2019
- 5 September 2019
- 1043061
- 4 May 2020
- 1279746
- 2015
- 2 years ago
Exemptions Cited
- Section 11(3)(e)(i) and (ii) of the Freedom of Information Act 2015 (repeated requests)
Original Request
Please provide copies of all Responses made by you in relation to FOIA Requests for information, which you haven't included in the Disclosure Log here - https://services.gov.im/freedom-of-information/search - from when the FOIA was introduced under the Appointed Day Order here - https://www.tynwald.org.im//links/tls/SD/2015/2015-SD-0264.pdf to date.".
Data Tables (7)
| Theobald | Jeremy | Mr | Chair | 01/03/17 | 28/02/22 |
|---|---|---|---|---|---|
| Thomas | Alison | Mrs | 24/05/21 | 23/05/26 | |
| Wright | John | Mr | 24/05/21 | 23/05/26 | |
| Craig | Timothy | Mr | 24/05/21 | Resigned 31.01.2022 |
| Ball | Mike | Mr | 15/05/20 | 14/05/25 | |
|---|---|---|---|---|---|
| Vacant from 25.04.21 |
| Public Notice Health Service Independent Review Body Preservation of War Memorials Committee The Council of Ministers is seeking to appoint three members (ie non-Tynwald Members) to the Health Service Independent Review Body and two members (ie non-Tynwald Members) to the Preservation of War Memorials Committee. Comprehensive information packs containing full details of the knowledge and skills required and an application form is available at: www.gov.im/public-appointments Application forms can be completed and submitted electronically via this webpage. If you require a printed or an accessible version of this application pack (ie large print, audio or Braille), please email publicappointments@gov.im or contact the Cabinet Office, Government Office, Bucks Road, Douglas, IM1 3PN. Tel: 01624 685204. The closing date for receipt of applications is Monday 5 April 2021 at 5.00pm. Please note applications received by the Cabinet Office after this time will not be considered. |
|---|
| www.gov.im |
| Department | Cabinet Office | ||
|---|---|---|---|
| Chief Officer | Will Greenhow, Chief Secretary | ||
| Responsible Officer | |||
| Executive Office Dave Kinrade, Head of Executive Office | |||
| Date of Council Meeting | 20 May 2021 |
| Has appropriate internal and/or public consultation taken place? | Not applicable | ||||
|---|---|---|---|---|---|
| Are there any resource/personnel implications? | Not applicable | ||||
| Has Treasury concurrence been obtained where necessary? | Not applicable | ||||
| Is the Department acting within its legal powers or has legal advice been obtained? (If yes confirm and provide evidence within the paper) | Not applicable | ||||
| Are there any inter-Departmental implications? | Yes | ||||
| If yes, which other Departments are involved? | Department of Health and Social Care | ||||
| What is the intention of this paper? | Seek Approval | ||||
| Primary Legislation: Has Council Legislation Subcommittee approved the inclusion of the proposed Bill on the Legislative Programme. If Yes please give decision date: | No | ||||
| Major Policy Proposal/Primary Legislation: Have you completed an Impact Assessment? If yes please attach a copy as an Appendix to the paper. | No | ||||
| Have you taken appropriate Corporate Communications Service advice? | Not applicable | ||||
| Does this initiative/announcement have a communications plan? | Not applicable | ||||
| Purpose of the Paper: To invite Council to approve the appointments of three non-Tynwald members to the Health Service Independent Review Body |
Full Response Text
Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co
Our ref: 1043061 12 November 2019
Dear ###
We write further to your request, made under the Freedom of Information Act 2015 (“the Act”), which was received on 12 November 2019 and which states:
"For the period 2018 - 2019 (to date) can you please supply the average length of time a written appeal takes from the request being received by Cabinet Office to the Inspector's recommendation being received back by Cabinet Office? For the period 2018 - 2019 (to date) can you please supply can you please supply the average length of time an appeal based on a hearing takes from the request being received by Cabinet Office to the Inspector's recommendation being received back by Cabinet Office?"
In accordance with section 11(3)(e)(i) and (ii) of the Act, the Cabinet Office does not have to comply with repeated requests for the same information from the same person if a reasonable interval has not elapsed since the previous request. As this request is substantially similar to your request of 5 September 2019 [FoI Request Reference: 948838], the Cabinet Office is not required to answer this request.
Please quote the reference number 1043061 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;
- Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or
- 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
Head of Executive Office Cabinet Office
Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co
Our ref: 1279746 18 May 2020
Dear ###
We write further to your request which was received on 4 May 2020 and which states:
"Is there a policy for drug testing Government workers? For: 1. Alcohol 2. Unprescribed prescription drugs 3. Illegal drugs. If not why not? Government employees are in positions of trust and must be capable of doing the jobs to the high standard that they are paid to do by their employers 'we the people', my own Mother was slaughtered 2 years ago by an alcoholic nurse and I have witnessed abuse of positions by government employees not capable of doing their jobs due to being worse for wear due to drug and alcohol addictions untreated."
While our aim is to provide information whenever possible, in this instance Cabinet
Office does not hold the information that you have requested. There is no policy held
in relation to the drug testing of Isle of Man Government workers at present.
To provide you with advice and assistance Isle of Man Government’s Alcohol & Drug
Workplace Policy for the Public Service which applies to employees and can be viewed
at: https://hr.gov.im/media/1158/urn-2-alcohol-drugs-policies-updated-aug-19-
finaldoc.pdf.
Please quote the reference number 1279746 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
Due to the ongoing situation with COVID and the uncertainty as to when the borders will be fully opened, cases for 2021 are being allocated to Inspectors dependant on the situation at the time and the Inspectors availability.
2) please provide the schedules in engaging Inspectors for Area Plan
Inquiries."
While our aim is to provide information whenever possible, in this instance the Cabinet
Office does not hold the information that you have requested.
There is no schedule for engaging Inspectors for Area Plan Inquiries. They are held
infrequently and are bespoke in nature.
Please quote the reference number 1766725 in any future communications.
I am writing to provide you with a warning regarding the burden of Freedom of
Information requests you are placing on the Cabinet Office. One of the practical refusal
reasons defined by section 11(3)(d) of the Freedom of Information Act 2015 is that a
public authority may refuse to supply information when requests are “…vexatious,
malicious, frivolous, misconceived or lacking in substance;" and that burden on a
public authority is an indicator when requests may be vexatious. The Code of Practice
of Freedom of Information provides further detail on determining whether a request is
“vexatious, malicious, frivolous, misconceived or lacking in substance”
https://www.gov.im/media/1358113/foia-code-of-practice.pdf
Our records show that, from 28 March 2021 to 11 May 2021 you have submitted 10
Freedom of Information Requests to the Cabinet Office.
This response is case number 4 received out of 10 requests you have made. We are
endeavouring to answer the other 6 out of 10 submitted. However, in view of the
burden on the Cabinet Office of the volume of Freedom of Information requests you
are submitting, please note that any future requests maybe refused on the basis
described above and we may need to consider if the requests are vexatious due to the
burden you are placing on Cabinet Office.
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;
Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co
Our ref: 1727959 22 April 2021
Dear ###
We write further to your request which was received on 29 March 2021 and which states:
"This planning Application attracted 2 Planning Appeals, please provide the following information:- a) correspondence in selecting and or engaging Mr Hurley as the Appeals Inspector to the First Appeal. b) correspondence in selecting and or engaging Mr Hurley as the Inspector for the Second Appeal. c) correspondence [not published] from the CO to the DOI in respect of Highway matters to the Application or Appeal. d) correspondence from the CO to Mr Hurley in respect of planning/CO policy from 2018 to date. e) correspondence where issues of conflicts of interest were raised or concluded surrounding this Application. f) a copy of the written protocol the CO rely on where conflicts of interests may come into question. g) a copy of the recognized code of conduct which the CO requires Inspectors to abide by.” On 1 April 2021 we asked if you could provide some further clarification regarding point (d) of your request. We asked if you were requesting whether the Cabinet Office informed Mr Hurley solely in relation to changes to Isle of Man Planning legislation or policy documents. On 1 April you replied “I am requesting all correspondence from the CO to Mr Hurley in respect of point d), whether or not it was solely to him." Please find below the information requested. While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold some of the information that you have requested. I have provided the information that is held below. a) correspondence in selecting and or engaging Mr Hurley as the Appeals Inspector to the First Appeal.
The Cabinet Office does not hold this information - Inspectors appeal weeks are allocated at the start of the year and Inspectors are assigned appeals that are ready to proceed at the time of their visit. b) correspondence in selecting and or engaging Mr Hurley as the Inspector for the Second Appeal. The Cabinet Office does not hold this information - please see above. c) correspondence [not published] from the CO to the DOI in respect of Highway matters to the Application or Appeal. The Cabinet Office does not hold this information. d) correspondence from the CO to Mr Hurley in respect of planning/CO policy from 2018 to date. – clarified as “I am requesting all correspondence from the CO to Mr Hurley in respect of point d), whether or not it was solely to him." The Cabinet Office does not hold this information. e) correspondence where issues of conflicts of interest were raised or concluded surrounding this Application. The Cabinet Office does not hold this information. f) a copy of the written protocol the CO rely on where conflicts of interests may come into question. The Cabinet Office does not hold this information – but any party to an appeal can raise the matter of conflict of interest if they believe there is one and the Inspector would address this. g) a copy of the recognized code of conduct which the CO requires Inspectors to abide by. Inspectors are required to comply with the highest standard of integrity and honesty in compliance with the seven principles of public life; selflessness, integrity, objectivity, accountability, openness, honesty & leadership. The role of the Inspector is prescribed in article 12 of the Town & Country Planning (Development Procedure) Order 2019. For assistance the link is as follows: https://www.gov.im/media/1367994/document-1-townandcountryplanning- developmentprocedure-order2019.pdf Please quote the reference number 1727959 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
I have attached the information that is being released to you. An e-mail of the letter was sent to the Planning Policy Manager and the Planning Policy Team. A hard copy was sent to th
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