Council of Ministers paper regarding Isle of Man Border Security Policy 2017 - Passenger Travel Information Scheme

Summary

A request was made for a Council of Ministers paper regarding the Isle of Man Border Security Policy 2017 and Passenger Travel Information Scheme. The Cabinet Office released the document with redactions applied to sections concerning the formulation of government policy.

Key Facts

• The request was received on 7 August 2017 and responded to on 31 August 2017.
• Information was withheld under Section 34(1)(b)(i) regarding the formulation or development of government policy.
• The Cabinet Office determined that the policy was in an 'infantile state' and required a safe space for development.
• Full disclosure is planned for a later date via a communication plan and a statement to Tynwald in October.
• The response included a link to an interview with the Change and Reform Minister regarding the scheme.

Data Disclosed

• 7 August 2017
• 31 August 2017
• June 2017
• October
• Section 34(1)(b)(i)
• CAB000007
• 9 pages
• 1 document

Exemptions Cited

• Section 34(1)(b)(i) - the formulation or development of government policy

Data Tables (2)

Full Response Text

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REFERENCE NUMBER: CAB000007

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your written application received into this office on 7 August 2017 requesting the following information:
“The summary of proceedings in the Council of Ministers for June 2017 states that a paper was submitted by the Cabinet Office regarding the 'Isle of Man Boards Security Policy 2017 - Passenger Travel Information Scheme'. Please provide a copy of this paper.” Response to your request
We are pleased to provide the Council of Ministers paper as requested. While our aim is to provide information wherever possible, in this instance there is redaction to the information that is exempt from disclosure as it is held by the Cabinet Office and it relates to the formulation or development of government policy.
Section 34(1)(b)(i) - the formulation or development of government policy
The purpose of this exemption is explained at paragraph 23 of the UK Information Commissioner’s guidance, in the following terms: “The purpose… is to protect the integrity of the policymaking process, and to prevent disclosures which would undermine this process and result in less robust, well considered or effective policies. In particular, it ensures a safe space to consider policy options in private.” Whilst the UK Freedom of Information Act 2000 does not apply to the Isle of Man, the relevant exemption is drafted in such similar terms that UK guidance can be followed in this area. The full guidance document can be found by at the following link - specifically in this case see pages 14 (paragraph 51) and 16 (paragraph 54):
https://ico.org.uk/media/for-organisations/documents/1200/government-policy-foi-section-35- guidance.pdf
Formulation of policy is a qualified exemption, and is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Government Office DOUGLAS Isle of Man IM1 3PN Tel: (+44) 01624 686244 Fax: (+44) 01624 685710 Website www.gov.im/co
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Factors in favour of disclosing the information include: • To promote transparency of decision making in Government and increase public understanding of the policy in question, and enable public debate and scrutiny of both the policy itself and how it was arrived at • To scrutinise the actions of Government and be able to hold Government to account for its decision making • Giving confidence that Government has a plan in place to seek correct advice when tasked with important decisions that affect people’s rights Factors in favour of maintaining the exemption include: • The purpose of this exemption is to protect the confidentiality of early policy formulation and afford a safe space for the creation of such • The current position of the information is in its infantile state, therefore has yet to be truly considered and options or considerations given to allow a properly set out policy position and frame any debate • Disclosure would have an adverse effect, and create a harmful or potentially damaging public discussion before issues can be correctly reviewed and addressed within the course of the formulation of the policy
• Disclosure is planned in a public forum at a later date, at which point feedback will be encouraged
In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Cabinet Office believes that as this is a new policy in its very early stages, any formulation of such a policy must be allowed to happen in a safe space and away from public scrutiny. Also that disclosure at this time would create misinformation, with assumptions being made and gaps in the natural formulation process. In taking all of these factors into account the Cabinet Office determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.  The severity of the impact of the prejudice that may be created from the misconceptions that may be formed from an under developed Scheme  The current position of the information is in its infantile state, Council of Ministers approved the development of a scheme and the creation of an implementation plan  Full consideration is being given to the details of the scheme  Disclosure would potentially further the public interests through misinterpretation and potentially damaging public discussion  An interview by the Change and Reform Minister has provided information on the policy and scheme being developed http://www.iomtoday.co.im/article.cfm?id=35546&headline=Border%20security%20trial:%20%27P assenger%20travel%20information%20scheme%27%20for%20people%20leaving%20and%20ente ring%20the%20Isle%20of%20Man&sectionIs=NEWS&searchyear=2017 3

 Full disclosure is being planned through a communication plan to enable information to be shared at the appropriate time, with the relevant stakeholders and partners informed prior to public release  The Minister for Policy and Reform will also be providing further information in a statement to Tynwald in October 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/foireview. If you would like a paper version of our complaint form to be sent to you by post, please contact us and we 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 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 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 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. Confidential 1

S;ouncil of Ministers Paper No. 17/167
[Obtainable from 686409]

Paper for Council of Ministers

Department Cabinet Office Chief Officer Will Greenhow Responsible Departmental Officer Cut ups to be sent to ; Ann Reynolds DoI; Date of Council Meeting

Title Isle of Man Border Security Policy 2017; Passenger Travel Information Scheme

Purpose of the Paper:

To agree Government policy on the Border Security; Passenger Travel Information Scheme and consider the future options for action.

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Collective Responsibility:
This matter is to be considered under the category of National Security.

Programme for Government:

The Programme for Government seeks to achieve the outcome; ‘We live our lives safe from crime and danger’. As part of the work to deliver this outcome the Programme specifically commits the Cabinet Office to deliver a border security policy for the Isle of Man by June 2017.

Introduction:

It is important to distinguish between border control and border security in an Isle of Man context.

Border control is the process for ensuring customs and immigration laws are enforced. This is a complex subject due to the Isle of Man’s membership of the Common Travel Area (CTA), the extension of the UK’s primary immigration legislation to the Isle of Man and the treatment of European Economic Area (EEA) nationals in the Isle of Man.

This policy does not cover border controls; this has recently been considered by Council of Ministers and approved. The Data Sharing with the United Kingdom, Isle of Man Scheme, Council Paper 239/17 and minute 17/068 refers.

Border security is the assessment, detection and mitigation of threats to the Isle of Man’s safety from outside the Island’s physical borders. This policy is specifically focused on the safety of the Isle of Man from criminality, and providing improved intelligence for the safe protection of our Island through a Passenger Travel Information Scheme. It should also be noted that Aviation and Maritime Security are excluded from this policy.
They are specific measures taken at the Airport and in the Island’s Ports and Harbours for the prevention of unlawful interference to vessels and are out of scope in this context.

Background and context:

The Isle of Man forms part of the Common Travel Area (CTA). The CTA is made up of the United Kingdom, the Republic of Ireland, the Channel Islands and the Isle of Man and is established by the 1971 Immigration Act, Section 1(3), allowing free movement between these islands.

The July 2010 Tynwald Resolution and stated priority of the Council of Ministers is to safeguard the freedom of movement of Island residents between the Isle of Man, Ireland and the United Kingdom and vice versa, and without being required to produce a passport on journeys within the CTA.

A public consultation was carried out by the Department of Home Affairs in 2015/16 on the introduction of greater identification verification measures at harbours. The results demonstrated that 57.9% of responses were in favour of the introduction of ID checks. This was balanced with concerns from respondents over the proportionality of the measures; the cost, the perceived difficulty of their introduction; and the potential impact on the Island’s economy.

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Those people who supported the principle of the verification of ID checks typically did so on the grounds that increased border security was needed to prevent the reoccurrence of criminal events.

Proposed Government Border Security Policy:

The Council of Ministers reiterates a commitment to protecting the freedom of movement which is paramount to Isle of Man residents by securing the Isle of Man’s part of the ‘wider CTA border’.

In developing this policy, a primary principle has been to ensure that unhindered freedom to travel between the Isle of Man, the United Kingdom and Ireland is retained whilst enhancing the ability of the Isle of Man Constabulary to protect the Island from crime.

The Council of Ministers, through this Policy, supports the development of a Passenger Travel Information Scheme to improve the intelligence available to the Isle of Man Constabulary on passengers travelling to and from the Isle of Man, for the purposes of law enforcement and keeping our Island safe from crime.

Government Policy Aims:

a) To maintain the Island’s status within the CTA and to ensure the right to ‘unfettered travel’ within the CTA, so that passengers can continue to travel without the need for passports between Ireland, the United Kingdom and the Isle of Man b) To enhance the ability of the Isle of Man Constabulary to receive passenger data and improve police intelligence to protect the island from crime c) To ensure proportionality in the amount of data collected in respect of what is necessary to ensure the safety of the Isle of Man d) To ensure minimal inconvenience and disruption to the travelling public; and e) To demonstrate publically our commitment to protecting the Isle of Man border from those who pose a threat to the Island’s safety and security.

Implementation of the Policy:

A cross Government working group has been considering the best way to meet the above policy aims.

In the short term the Isle of Man Constabulary has powers to request passenger information under s32 of the Immigration, Asylum and Nationality Act 2006 (as extended to the Isle of Man). The information which can be collected is set out under schedules 3 and 4 of the Immigration and police (passenger, crew and service information) Order 2011.

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With this in mind, it is proposed;  to use the powers through s32 of the Immigration, Asylum and Nationality Act 2006 (as extended to the Isle of Man) for a period of six months, at which time a review would be held.

The working group are in discussions with the Isle of Man Steam Packet Company and airlines operating into and out of the Island and discussions so far have been positive.

It should be noted that passengers are not required to provide travel documentation such as passports or other forms of identification while travelling within the Common Travel Area.
Although some airline carriers request identification as part of their internal policy, the Steam Packet Company does not require identification to travel. This means that the passenger information provided to the Police will only reflect the name shown on the booking and not necessarily a verified identity.

Future Consideration

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II.

Conclusion

The policy described in this paper provides an improved level of information to the Isle of Man Constabulary to allow it to more effectively prevent and detect criminal activity in the Isle of Man. The new policy highlights a number of issues for future consideration by the Council of Ministers

Recommendation That the Council of Ministers;

A) approve and support the following policy for border security;

‘Council of Ministers reiterates a commitment to protecting the freedom of movement which is paramount to Isle of Man residents within the Common Travel Area while reducing the threats to the Island’s safety at its borders.’

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The Council of Ministers, through this policy, supports the development of a Passenger Travel Information Scheme to improve the intelligence available to the police on passengers travelling to and from the Isle of Man, to enhance the ability of the police to combat crime and keep people safe

This Policy will not adversely affect the existing policy of Island residents ‘unfettered right to travel’ within the Common Travel Area, and will enhance the approach to collect and share passenger data to

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