Covid Regulations

Summary

The requester asked for details on who drafted specific COVID-19 quarantine regulations, the drafter's qualifications, and whether legal advice was sought regarding international health and torture conventions. The Cabinet Office disclosed that the Attorney General's Chambers drafted the regulations under the Emergency Powers Act 1936 but stated it did not hold information regarding the specific qualifications of the individual drafter.

Key Facts

• The regulations were drafted by the Attorney General's Chambers.
• The regulations were made under the Emergency Powers Act 1936.
• The Governor in Council is the body legally empowered to make these regulations.
• The Cabinet Office does not hold information regarding the specific qualifications of the person who drafted the regulations.
• Staff of the Attorney General's Chambers must be a qualified advocate or barrister.

Data Disclosed

• 2022-09-22
• 2022-10-18
• 2022-09-28
• 2020
• 1936
• 2005
• 2020-GC-0015
• IM1 3PN
• 01624 686244

Exemptions Cited

• Information not held by the public authority

Original Request

Prior to the introduction of Regulations requiring returning residents to be quarantined at the Comis Hotel, at their own costs:- 1. Who drafted the Regulations forwarded to Tynwald for approval? By who, I mean Department of Government. 2. What were the qualifications of the person drafting such Regulations? 3. Was legal advice sought to ascertain if such Relations contravened the International Health Regulations2005? 4. On the 31st March 2020 the subcommittee of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) issued advice to the National Preventive Mechanism of the United Kingdom of Great Britain and Northern Ireland regarding compulsory quarantine for coronavirus (COVID-19 virus). Was any legal advice sought in regard to such advice in relation to the charging of returning residents required to quarantine?

Data Tables (2)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 2651581 18 October 2022

Dear ###

We write further to your request which was received on 22 September 2022 and which states:

"Prior to the introduction of Regulations requiring returning residents to be quarantined at the Comis Hotel, at their own costs:- 1. Who drafted the Regulations forwarded to Tynwald for approval? By who, I mean Department of Government. 2. What were the qualifications of the person drafting such Regulations? 3. Was legal advice sought to ascertain if such Relations contravened the International Health Regulations2005? 4. On the 31st March 2020 the subcommittee of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) issued advice to the National Preventive Mechanism of the United Kingdom of Great Britain and Northern Ireland regarding compulsory quarantine for coronavirus (COVID-19 virus). Was any legal advice sought in regard to such advice in relation to the charging of returning residents required to quarantine?" On 28 September 2022 we wrote to you to ask you for clarification of your request: “In order to identify and locate the information that you have asked for we need some further information from you. In particular, it would be helpful to know whether the reference to 'Regulations' in your request refers to a Direction made under Regulations? To provide advice and assistance we believe the reference may be to this Direction: https://www.tynwald.org.im//links/tls/GC/2020/2020-GC-0015.pdf but would be grateful for you to provide us with confirmation. To provide further advice and assistance, details of all emergency powers secondary legislation (including Directions which were issued as Government Circulars) can be found on the Tynwald website here: https://tynwald.org.im/links/tls/SD/Pages/default.aspx

In addition to provide further advice and assistance, we would advise that the Freedom of Information Act covers all recorded information held by a public authority. The response to your request will be limited to the information held by the Cabinet Office that falls within the scope of the question.” On 28 September 2022 you provided clarification and confirmed by e-mail that the list of regulations you were referring to were: “Emergency Powers (Coronavirus) (Entry Restrictions) (No.2) (Amendment) (No.2) Regulations 2020 Emergency Powers (Coronavirus) (Entry Restrictions) (No.2) (Amendment) Regulations 2020 Emergency Powers (Coronavirus) (Entry Restrictions) (Amendment No. 2) Regulations 2020 Emergency Powers (Coronavirus) (Entry Restrictions) (Amendment) Regulations 2020 Emergency Powers (Coronavirus) (Entry Restrictions) Regulations 2020 Emergency Powers (Coronavirus) (Port Operations) Regulations 2020 Emergency Powers (Coronavirus) (Infratructure Support) Regulations 2020”. Our response to your request is as follows: "Prior to the introduction of Regulations requiring returning residents to be quarantined at the Comis Hotel, at their own costs:- 1. Who drafted the Regulations forwarded to Tynwald for approval? By who, I mean Department of Government. The Regulations were made under the Emergency Powers Act 1936 (‘the Act’) and were drafted by the Attorney General’s Chambers. In accordance with sections 3 and 4 of the Act, the body making the Regulations is the Governor in Council. The below extract from section 4 defines the position: ‘Where a proclamation of emergency has been made, and so long as such proclamation is in force, it shall be lawful for the Governor in Council, by Order, to make regulations for securing the essentials of life to the community and for the protection of the economic position of the community, and those regulations may confer on any persons in the employ of the public service of the Isle of Man such powers and duties as the Governor in Council may deem necessary for the preservation of the peace, for securing and regulating the supply and distribution of food, water, fuel, light and other necessities for maintaining the means of transport, communications and the supply of services and for any other purposes essential to the public safety and the life of the community …’ 2. What were the qualifications of the person drafting such Regulations? While our aim is to provide information whenever possible, in this instance the Cabinet Office does not the information that you have requested.

The Regulations were drafted by staff of the Attorney General’s Chambers who must be a qualified advocate, barrister or solicitor with at least five years post-qualification experience drafting primary legislation within a Commonwealth jurisdiction.
3. Was legal advice sought to ascertain if such Relations contravened the International Health Regulations 2005? The drafters of the legislation in question are all qualified barristers, solicitors or Isle of Man advocates within Chambers, and as such the drafters themselves did not seek separate advice when drafting the regulations.
4. On the 31st March 2020 the subcommittee of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) issued advice to the National Preventive Mechanism of the United Kingdom of Great Britain and Northern Ireland regarding compulsory quarantine for coronavirus (COVID-19 virus). Was any legal advice sought in regard to such advice in relation to the charging of returning residents required to quarantine?" While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. The information that you have requested is available online. The application and operation of OPCAT, and compliance with it by Isle of Man Government forms part of the Attorney General’s response to an oral question in Tynwald Court on 19 May 2020 listed as: ‘Quarantine at the Comis Hotel – Government compliance with OPCAT’. This answer addresses issues which were raised in the advice from OPCAT on 31 March 2020. The discourse in Tynwald is recorded verbatim in Hansard and can be viewed via this link: https://www.tynwald.org.im/business/hansard/20002020/t200519.pdf Please quote the reference number 2651581 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