Report on Independence

Summary

A request for a copy of the 'Report on Independence' commissioned by the Chief Minister was refused by the Cabinet Office. The authority determined the request was vexatious because the applicant failed to provide an adequate description of the information despite being offered assistance.

Key Facts

• The request was received on 2017-06-11 and refused on 2017-06-15.
• The Cabinet Office refused the request under section 11(3) of the Freedom of Information Act 2015.
• The refusal was based on the applicant's inability to adequately describe the information requested.
• The applicant cited a reference by Alan Bell in Tynwald but could not provide a date or further details.
• The authority advised the applicant to submit a fresh request with specific details such as dates, author names, or subject matter.

Data Disclosed

• 2017-06-11
• 2017-06-15
• IM91104I
• section 11(3)
• section 9(5)
• section 11(3)(c)
• section 11(3)(d)
• section 60
• 2017
• IM1 3PN
• 01624 686244
• 01624 685710

Exemptions Cited

• Section 11(3)(c) of the Freedom of Information Act 2015 (failure to comply with section 9(5) regarding adequate description)
• Section 11(3)(d) of the Freedom of Information Act 2015 (request lacking substance/vexatious)

Original Request

Request for copy of the Report on Independence

Data Tables (1)

Full Response Text

1

REFERENCE NUMBER: IM91104I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your on-line request dated 11 June 2017, requesting the following information: “A copy of the Report on Independence as commissioned by the Chief minister.” We requested further details from you to enable the Cabinet Office to identify the information requested, and on 12 June 2017 you responded, stating: “Alan Bell referred to them in Tynwald. As to a date i can't help.” Response to your request
Under section 11(3) of the Freedom of Information Act 2015 we are refusing your application on the grounds of the following practical refusal reasons: 1. Pursuant to section 11(3)(c) of the Act, your request does not comply with section 9(5) of the Act, in that any form must provide an adequate description of the information requested. In this case the details you have supplied are insufficient to enable us to locate information requested and all searches have been unsuccessful. 2. Pursuant to section 11(3)(d) of the Act, your request for information is lacking is substance. The Code of Practice issued under section 60 of the Act, which you can find here FOI Act Code of Practice – sets out, as an indicator of this that “despite advice and assistance the Applicant continues to fail to adequately describe in sufficient detail the information they want”. We have considered that even after advice and assistance you remain unable to supply an adequate description, in sufficient detail, to allow for any search and successful location of the information you requested. For these reasons the Cabinet Office is not obliged to comply with your request. Should you wish to submit a fresh request please do so at: https://www.gov.im/about-the- government/freedom-of-information/freedom-of-information-request-january-1-2017/ Please ensure you provide an adequate description of the information requested, for it to be capable of subsequent reference and to assist us in being able to search for it. For example;

Government Office DOUGLAS Isle of Man IM1 3PN Tel: (+44) 01624 686244 Fax: (+44) 01624 685710 Website www.gov.im/co
2

• any reference to Hansard - supply the full date (including year), and to which branch sitting it relates; • any formal name and the author(s) of the report; • if the formal name is unknown, advise if this report be known by any other name, reference or situation; • the subject of the report, or what the content refers to in as much detail as you can provide; • supply any detail or reference to this report being held by the 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 to the FOI Co-ordinator, Cabinet Office, Government Office, Douglas, Isle of Man, IM1 3PN. An electronic version of our complaint form can be found by going to our website https://www.gov.im/about-the-government/freedom-of-information/freedom-of- information-review-request-january-1-2017/ , a paper copy can be requested by contacting the Cabinet Office direct.
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 apply for a review of decisions by the Information Commissioner, for a decision on; 1) Whether we have responded to your request for information in accordance with Part 2 of the Act; 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 rights to review is on the Information Commissioner’s website at: https://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.