Recruitment process for the Manx Attorney General - communcations with UK Ministry of Justice

Summary

A request for details on the recruitment process for the Manx Attorney General and specific communications with the UK Ministry of Justice regarding John Quinn's appointment was refused because the Cabinet Office does not hold the information due to statutory exemptions for Crown appointments.

Key Facts

• The Cabinet Office refused the request under section 1(b) of Schedule 1 of the Freedom of Information Act 2015.
• The Attorney General is a Crown appointment made by Her Majesty The Queen.
• The recruitment process involves advertising in the Isle of Man and UK, followed by assessment by a selection panel.
• The panel recommends a preferred candidate to the Ministry of Justice for the Lord Chancellor to review before referring to the Queen.
• The specific papers regarding John Quinn's appointment in 2013 and 2017 were not disclosed.

Data Disclosed

• 2018-01-19
• 2018-02-12
• IM117437I
• Jan 2013
• Jan 2107
• section 1(b) of Schedule 1
• Freedom of Information Act 2015
• IM1 3PN
• 01624 686244
• 01624 685710

Exemptions Cited

• Section 1(b) of Schedule 1 of the Freedom of Information Act 2015 (information held in connection with selection or appointment of persons to offices where the appointor is the Queen, Lieutenant Governor, or Appointments Commission)

Data Tables (1)

Full Response Text

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REFERENCE NUMBER: IM117437I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your written application received 19 January 2018 for the following information: 1. “First I ask for an overview of the recruitment process that is carried out by the Isle of Man in order to select the Manx Attorney General. 2. Then specifically I’ll like full disclosure of the papers that the Isle of Man shared with the UK Ministry of Justice relating to the selection and public appointment of John Quinn as the Isle of Man’s Attorney General. That is any papers shared with the UK in relation to John Quinn’s initial appointment as acting Isle of Man Attorney General (in Jan 2013), and any papers shared with the UK in relation to John Quinn’s subsequent official appointment as Isle of Man Attorney General (Jan 2107).” Response to your request
While our aim is to provide information whenever possible, in this instance the public authority does not hold the information that you have requested. The reason why this practical refusal reason applies is because section 1(b) of Schedule 1 of the Freedom of Information Act 2015 states as follows: “This paragraph does not authorise the disclosure of information held by the Cabinet Office if it is information… (b) held by or on behalf of the Cabinet Office in connection with its functions in relation to the selection or appointment of persons to offices in the Island for which the appointor is the Queen, the Lieutenant Governor or the Appointments Commission;” Her Majesty’s Attorney General in the Isle of Man is a Crown appointment made by Her Majesty The Queen. Since the information you have requested relates to the selection and appointment of Her Majesty’s Attorney General, the Cabinet Office is not permitted under the Freedom of Information Act 2015 to disclose this information.
However, in order to provide advice and assistance to you, as required under the Act, below is an overview of the process for making Crown appointments in the Isle of Man. The appointments of the First Deemster, Second Deemster, Her Majesty’s Attorney General in the Isle of Man and Her Majesty’s Solicitor General in the Isle of Man are Crown appointments made by Her Majesty The Queen following an open and transparent recruitment process.

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

2

The posts are advertised both in the Isle of Man and United Kingdom. All applications received are formally assessed by the recruitment and selection panel against the job description, person specification and competencies as detailed in the information pack and a shortlist agreed by the recruitment and selection panel. Shortlisted candidates are then invited for interview.
Following interview the recruitment and selection panel recommend a preferred candidate for appointment by Her Majesty, to the Ministry of Justice, for the Lord Chancellor to review and refer to Her Majesty. 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.