Brussels Office - annual costs

Summary

The request sought annual costs for the Isle of Man Brussels Office for the period October 2016 to September 2017, resulting in the disclosure of operational expenses but the withholding of specific staff salary details due to personal data exemptions.

Key Facts

• The Brussels Office is staffed by one full-time Head of Office.
• Operational costs increased due to the fall in the value of sterling against the euro.
• The Isle of Man cannot benefit from EU posted workers Directive tax reductions as it is not an independent state.
• Specific salary and cost of living allowance figures for the Head of Office were withheld.
• The total disclosed expenditure for office rent, services, and travel was £32,803.28.

Data Disclosed

• 01/10/2016
• 30/09/2017
• £7,544.56
• £5,485.02
• £19,773.70
• £32,803.28
• £89,838.68
• Grade 7
• section 25(2)
• Data Protection Act 2002

Exemptions Cited

• Section 25(2) of the Freedom of Information Act 2015 (Personal Data)
• Data Protection Act 2002

Original Request

Brussels Office - annual costs 01/10/2016 - 30/09/2017.

Data Tables (1)

Full Response Text

1

REFERENCE NUMBER: IM105137I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your online application dated 30 September 2017 for the following information (clarification shown in bold):

“What is the annual cost of rent, all services (in general for the running of the office) and separately the cost of staff for the last 12 months in respect of the Brussels Office for the period 1st October 2016 to 30th September 2017.”

Response to your request
Engagement with Brussels and the United Kingdom is more important than ever for the Isle of Man.
The UK’s withdrawal from the EU remains a priority and a permanent presence in Brussels represents an important step towards furthering the Isle of Man’s interests in Europe across a wide range of complex and challenging issues. It supports the Island’s commitment to enhancing its own international identity and constitutional development through positive engagement with the EU and its Member States.

As the Isle of Man is not an independent state, it cannot gain formal diplomatic representation in the EU and is not covered by the EU posted workers Directive or by provisions relating to representative offices of UK (and all EU) regions and cities, so cannot benefit from associated reductions in taxation and other employment costs.

The Brussels Office is staffed by one full-time Head of Office post, based in Brussels. The size and cost of the office is relatively modest compared with other jurisdictions of a similar size. The cost of the office has increased in the last year due to the significant fall in the value of sterling against the euro. Most costs are incurred in euro.

The table below details the cost of operating the Isle of Man Government Brussels Office during the period 1 October 2016 to 30 September 2017 as recorded at the time of the request:

Expenditure Type Total Comment Staff costs - travel and accommodation
£ 7,544.56 Includes some travel costs for Isle of Man based staff visiting Brussels Office costs and services £ 5,485.02
Office rent £ 19,773.70

TOTAL (GBP) £ 32,803.28

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

Staff Costs

The Head of the Isle of Man Brussels Office salary is based on the Isle of Man Government’s Open Structure (OS) Grade 7 salary band, details of which can be found in this document https://www.gov.im/lib/docs/hr/iompsc/AnnexC1_C2/generalservicegradesapril2008.pdf

The role is also entitled to have certain costs of living met. The additional costs paid are set out in the Head of the Isle of Man Brussels Office terms and conditions of employment and were based on UK Civil Service allowances, as well as those of officials from Scotland and Northern Ireland.

In order to provide advice and assistance, for the period 1 October 2016 to 30 September 2017 these additional costs amounted to £89,838.68.

Whilst our aim is to provide information whenever possible, in this instance we are unable to provide the exact detail of the information because an exemption under section 25(2) absolutely exempt personal data applies.

It is determined that the actual amount of salary and detail of costs of living met for the Head of the Isle of Man Brussels Office amounts to personal data for the purposes of the Data Protection Act 2002. Personal data can only be released, in these circumstances, where it would be fair and lawful to do so and where it would comply with one of the Schedule 2 conditions within that Act. We have assessed that disclosure of this information would not be fair and therefore do not need to continue to consider whether it would be lawful or whether any Schedule 2 conditions would be met.

In assessing the fairness of disclosure we have considered the following factors:  That an individual has a general expectation that the level of their salary and allowances will remain private.  Disclosure of this information would contravene that expectation and cause an intrusion into the privacy of the data subject and their family which may lead to some distress or harm.  The information was obtained in circumstances that imply a duty of confidentiality and it is expected that the information would remain confidential.  There is no legitimate interest in disclosure of the exact figures that is not met in any event by the information being disclosed in response to this request.  Whilst the Freedom of Information Act 2015 promotes transparency and accountability and therefore there may be some public interest in the salary being disclosed, it is not sufficient to outweigh an individual’s right for this information to remain private.

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. 3

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.