Evidence to Tynwald Standards Committee

Summary

The requester sought evidence submitted by four specific Members of Tynwald to the Standards Committee regarding an investigation announced by Chief Minister Alfred Cannan. The Office of the Clerk of Tynwald refused to disclose the information, citing an exemption to protect the privileges of Tynwald, though they listed some related documents available in a public report.

Key Facts

• The request was made to the Office of the Clerk of Tynwald on 2023-04-27.
• The response was issued on 2023-05-24 with the outcome 'No information sent - all held but exempt'.
• The request targeted evidence from MHKs Rob Callister, Joney Faragher, Michelle Haywood, and MLC Tanya August-Hanson.
• The investigation was announced by Chief Minister Alfred Cannan in the House of Keys on 15 November 2022.
• A certificate signed by the President of Tynwald was provided to confirm the exemption.

Data Disclosed

• 3086865
• 2023-04-27
• 2023-05-24
• 15 November 2022
• 17th November 2022
• 12th December 2022
• 8th February 2023
• 16th February 2023
• 18th February 2023
• PP2023/0032
• section 22
• Freedom of Information Act 2015

Exemptions Cited

• Section 22 of the Freedom of Information Act 2015 (Privileges of Tynwald)

Original Request

Dear Sir, Please may you supply me with all of the evidence that was submitted by Onchan MHK Rob Callister to the Tynwald Standards Committee as part of the investigation which was called for by Chief Minister Alfred Cannan - which he announced in the House of Keys on 15 November 2022. Please may you supply me with all of the evidence that was submitted by Douglas East MHK Joney Faragher to the Tynwald Standards Committee as part of the investigation which was called for by Chief Minister Alfred Cannan - which he announced in the House of Keys on 15 November 2022. Please may you supply me with all of the evidence that was submitted by Rushen MHK Michelle Haywood to the Tynwald Standards Committee as part of the investigation which was called for by Chief Minister Alfred Cannan - which he announced in the House of Keys on 15 November 2022. Please may you supply me with all of the evidence that was submitted by MLC Tanya August-Hanson to the Tynwald Standards Committee as part of the investigation which was called for by Chief Minister Alfred Cannan - which he announced in the House of Keys on 15 November 2022. Thanks.

Data Tables (1)

Full Response Text

Freedom of Information Co-Ordinator Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man Our ref: 3086865 5 May 2023 Dear
We write further to your request which was received on 27 April 2023 and which states: "Dear Sir, Please may you supply me with all of the evidence that was submitted by Onchan MHK Rob Callister to the Tynwald Standards Committee as part of the investigation which was called for by Chief Minister Alfred Cannan - which he announced in the House of Keys on 15 November 2022. Please may you supply me with all of the evidence that was submitted by Douglas East MHK Joney Faragher to the Tynwald Standards Committee as part of the investigation which was called for by Chief Minister Alfred Cannan - which he announced in the House of Keys on 15 November 2022. Please may you supply me with all of the evidence that was submitted by Rushen MHK Michelle Haywood to the Tynwald Standards Committee as part of the investigation which was called for by Chief Minister Alfred Cannan - which he announced in the House of Keys on 15 November 2022. Please may you supply me with all of the evidence that was submitted by MLC Tanya August-Hanson to the Tynwald Standards Committee as part of the investigation which was called for by Chief Minister Alfred Cannan - which he announced in the House of Keys on 15 November 2022. Thanks."

Our Response While our aim is to provide information whenever possible, in this instance the information is absolutely exempt from disclosure under section 22 of the Freedom of Information Act 2015 in order to avoid an infringement of the privileges of Tynwald.

However, please note that PP2023/0032: Tynwald Standards and Members’ Interests Committee’s First Report for the Session 2022-23 includes the following evidence received by the Committee: 1. Letter from the Chief Minister to the President of Tynwald dated 17th November 2022. 2. Transcription of Manx Radio’s ‘Mannin Line’ programme of 12th December 2022. 3. Report by Dr Mark Egan dated 8th February 2023. 4. Email from Mr Callister to the Committee dated 16th February 2023. 5. Email from Mr Callister to the Committed dated 18th February 2023. Please find enclosed a copy of the certificate signed by the President of Tynwald certifying that the exemption is required to avoid the infringement of privileges of Tynwald. Please quote the reference number 3086865 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

FOI Co-ordinator