legislation

Summary

The request sought a list of primary and subsidiary legislation drafted by external suppliers over the last five years, but the authority only disclosed details for two specific bills while refusing the rest due to lack of records, personal data, and confidentiality clauses.

Key Facts

• The Attorney General's Chambers received the request on 2023-08-23 and responded on 2023-09-20.
• Information was partially withheld because the authority does not hold or cannot find some of the requested data.
• Some information was exempted as it constitutes personal data of which the requester is not the data subject.
• Disclosure of supplier contract details was refused to avoid an actionable breach of confidence.
• Two bills were disclosed: the Education Bill (2018-2020) and the Animal Welfare Bill (2022).

Data Disclosed

• 2023-08-23
• 2023-09-20
• 3356165
• 2018
• 2020
• 2022
• 20.1.2020
• 17.6.2022
• section 11(3)(a)
• section 25(2)(a)
• section 26

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Information not held or cannot be found)
• Section 25(2)(a) of the Freedom of Information Act 2015 (Personal data)
• Section 26 of the Freedom of Information Act 2015 (Actionable breach of confidence)

Original Request

Please supply an itemised list of each primary legislation Act and each subsidiary legislation Order or similar text drafted (a) in full (b) in part by any external legislation services supplier by calendar year in the most recent 5 calendar years to include 2023 to date and by (a) first requested date (b) first received date and if different accepted as final version date. Please list any and all external legislation services suppliers by calendar year in the most recent 5 calendar years to include 2023.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

XXXX
Attorney General's Chambers 2nd floor Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452
E-mail: attgen@gov.im

Our ref: 3356165 20 September 2023

Dear XXXX

We write further to your request, received 23 August 2023, which states:

"Please supply an itemised list of each primary legislation Act and each subsidiary legislation Order or similar text drafted (a) in full (b) in part by any external legislation services supplier by calendar year in the most recent 5 calendar years to include 2023 to date and by (a) first requested date (b) first received date and if different accepted as final version date.

Please list any and all external legislation services suppliers by calendar year in the most recent 5 calendar years to include 2023."

While our aim is to provide information whenever possible, in this instance: • a practical refusal reason applies under section 11(3)(a) of the Freedom of Information Act 2015 (“the Act”), as the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested

• an absolute exemption applies under section 25(2)(a) of the Act, as some of the information requested constitutes personal data of which you are not the data subject

• an absolute exemption applies under section 26 of the Act as disclosure of some of the information would constitute an actionable breach of confidence. The Attorney General’s Chambers (“AGC”) have entered into a contract for services from a company and in that contract there is a clause regarding confidentiality which covers the information requested by your FOI application. If AGC were to answer this FOI and breach that contract the company would have grounds for an actionable claim against AGC. The information which has been identified in respect of your request is provided below. Year: 2018 to 2020 Bill: Education Bill
Notes: DESC instructed. Drafting commenced in 2018; Bill sent to Clerk of Tynwald’s Office for introduction 20.1.2020; Bill did not proceed after Committee stage.

Year: 2022 Bill: Animal Welfare Bill
Notes: DEFA instructed. Drafting commenced early April 2022; Bill sent to CoT for introduction 17.6.2022; awaiting Royal Assent.

Your right to request a review

Please quote the reference number 3356165 in any future communications.

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

XXXX