Communication (emails, notes, text messages, documents) between your director of policy and Minister regarding reducing the eligibility of free prescriptions for Isle of Man residents

Summary

A request was made for communications between the Director of Policy and Minister Kate Beecroft regarding reducing free prescription eligibility, resulting in the release of some emails and notes while other documents were withheld due to exemptions.

Key Facts

• The request was submitted on 2017-08-06 and responded to on 2017-09-07 by the Department of Health and Social Care.
• Emails dated 22-Feb-2017 and 09-10-May-2017 between the Minister and Director of Strategy and Policy were provided.
• Speaking notes prepared for the Minister for a presentation on 01-Aug-17 were released as an aide memoire.
• An attachment from 22-Feb-2017 was redacted under section 34 regarding government policy formulation.
• Personal data within the released emails was exempted under section 25 of the Act.

Data Disclosed

• 2017-08-06
• 2017-09-07
• 22-Feb-2017
• 09 to 10-May-2017
• 01-Aug-17
• 29
• section 25
• section 34(1)(b)(i)
• section 34(1)(b)(ii)
• Data Protection Act 2002

Exemptions Cited

• Section 25 (Personal Information)
• Section 34(1)(b)(i) (Formulation or development of government policy)
• Section 34(1)(b)(ii) (Communications between Ministers)

Original Request

1 Supply copies of all communication (emails, notes, text messages, documents) between your director of policy and Kate Beechcroft regarding reducing the eligibility of free prescriptions for Isle of Man residents 2 Supply copies of all documents including draft documents regarding your director of policy reply to the Manx Labour Party ref prescription charges

Data Tables (1)

Full Response Text

Department of Health and Social Care

Rheynn Slaynt as Kiarail y Theay

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Chief Executive: Malcolm Couch Email:
Freedom of Information Team Department of Health & Social Care Chief Executive’s Office Crookall House Demesne Road Douglas Isle of Man, IM1 3QA Tel: Email: Website: Date: FOI Reference: (01624) 642621 foi.dhsc@gov.im www.gov.im/dhsc 07 September 2017 IM98-147i Dear
REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your request to the Department of Health and Social Care, dated 06 August 2017 Your request You asked for: Question 01: “Supply copies of all communication (emails, notes, text messages, documents) between your director of policy and Kate Beecroft regarding reducing the eligibility of free prescriptions for Isle of Man residents” Question 02: “Supply copies of all documents including draft documents regarding your director of policy reply to the Manx Labour Party ref prescription charges”
Response to your request Our response to your request is detailed below, we have been unable to provide some of the information you requested where statutory exemptions apply. These exemptions are detailed below. Question 01: Supply copies of all communication (emails, notes, text messages, documents) between your director of policy and Kate Beecroft regarding reducing the eligibility of free prescriptions for Isle of Man residents In response to Question 01 the following documents have been provided in Appendix 01:  Appendix 01a - Emails between Minister Beecroft and Director of Strategy and Policy; Dated 22-Feb-2017 *  Appendix 01b – Attachment from email to Minister Beecroft from Director of Strategy and Policy; Dated 22-Feb-2017 – Redacted in line with s34(1)(b)(i) and s34(1)(b)(ii) of the Act †

Page 2 of 29 FOIA/DHSC/rvsd/01  Appendix 01c – Emails between Minister Beecroft and Director of Strategy and Policy, Mrs Amanda Craig; Dated 09 to 10-May-2017 *  Appendix 01d – A copy of speaking notes prepared by Director of Strategy and Policy for Minister Beecroft. It should be noted that these notes were an aide memoire for the Minister and do not serve as a record of what the Minister actually said at the General Scheme and Charter Presentation to Tynwald on Tuesday 01-Aug-17. *While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information within some of the documents provided (appendices 1a and 1c) because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that:
 The Department is satisfied that the information amounts to personal data under the Data Protection Act 2002.  The Department is satisfied that disclosure of the information would contravene one of the data protection principles, namely that the Department can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2 and in this case, none of those conditions have been met. † While our aim is to provide information wherever possible, in this instance this document is exempt from disclosure as it is held by the Department of Health and Social Care (“the Department”) and it relates to both the formulation or development of government policy (section 34(1)(b)(i) of the Act) and communications between Ministers including, in particular, the proceedings of the Council of Ministers or of any committee of the Council of Ministers (section 34(1)(b)(ii) of the Act). As section 34 is a qualified exemption, it 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. Factors in favour of disclosing the information include:  providing an impartial record of Cabinet business (even if other accounts are already available) especially for politically or historically significant events or where published accounts are inconsistent.  disclosing factual information used to provide an informed background to decision taking  the significant public interest in allowing public scrutiny of the details of the policy while the policy is still in the public consciousness  providing factual information about the background to the policy there is particular public interest in disclosing background factual information  allowing public participation in the policy, in the sense of permitting people to contribute to policy prior to a final decision. Participation cannot be meaningful without access to relevant recorded information about how policy decisions are reached, what options are being considered and why some are excluded and others preferred. Without public participation in key policy decisions, certain individuals or groups will enjoy undue influence in the policy making process. A key driver for the Act is to provide access to information which will facilitate informed participation in the development of government proposals or decisions which are of concern to them and information disclosed prior to a decision being taken will facilitate more informed public debate.  the accountability for government decisions: disclosure of information is desirable where it may expose wrongdoing, access to information under the Act may

Page 3 of 29 FOIA/DHSC/rvsd/01 facilitate objective assessment, particularly where information obtained direct from the civil service (as opposed to government press offices). There will usually be a strong public interest in favour of disclosing where a policy decision is going to lead to large-scale public expenditure as well as a strong public interest in favour of disclosure where a policy decision involves departure from routine procedures or standard practice. Factors in favour of maintaining the exemption include:  preserving the convention of collective responsibility
 protecting Ministerial discussions and collective decision making processes  preserving a safe space for Ministers to debate live issues away from external interference and distraction  preventing a chilling effect on free and frank ministerial debate in future  protecting Ministerial unity and effectiveness  public exposure of the information may compromise candid and robust discussions about policy, the exploration of extreme options, the keeping of detailed records and the taking of hard choices, where it might prejudice good working relationships, the neutrality of civil servants and ultimately the quality of government  the potential damage to policy making from the content of the specific information and the timing of the request  maintaining the quality of government policy making by facilitating free and frank exchanges between civil servants (“the chilling effect” and the thorough consideration of all policy options, however extreme, without inducing the need to defend them (“safe space”)  protecting collective responsibility if the information reveals the views of an individual Minister on a government decision.  the policy is live and a public consultation is already underway  protecting the deliberative process and provide a safe space to protect information in the early stages of policy formulation and development  maintaining the quality of records, working relationships and a neutral civil service In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken the following into consideration  The severity of the impact of the prejudice has been considered and it has been deemed inappropriate and potentially harmful to disclose the attachments, particularly as they relate to an active consultation  The age of the information has been considered and as this relates to an active consultation and active policy-making process, it would not be in the public interest to disclose further information that may dilute or lead to confusion about these vital processes  Disclosure would not further the public interests as the public have already been invited to contribute to the policy-making process and similar information is already contained within the consultation In taking all of these factors into account the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Page 4 of 29 FOIA/DHSC/rvsd/01 Question 02: Supply copies of all documents including draft documents regarding your director of policy reply to the Manx Labour Party ref prescription charges In response to Question 02 the following documents have been provided in Appendix 02:  Appendix 02a – Emails between the Director of Strategy and Policy and David Cretney MLC; Dated 03-Aug-2017 ±  Appendix 02b – Attachment to Email between the Director of Strategy and Policy and David Cretney MLC; Dated 03-Aug-2017 ±  Appendix 02c – Emails between the Director of Strategy and Policy and David Cretney MLC; Dated 04-Aug-2017 ±  Appendix 02d – Email sent from the Director of Strategy and Policy to David Cretney MLC; Dated 10-Aug-2017 ±  Appendix 02e – Attachment from Email sent from the Director of Strategy and Policy to David Cretney MLC; Dated 10-Aug-2017  Appendix 02f –Attachment to email sent from the Director of Strategy and Policy to David Cretney MLC; Dated 10-Aug-2017 ± While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information within some of the documents provided (appendices 2a, 2b, 2c and 2d) because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that:
 The Department is satisfied that the information amounts to personal data under the Data Protection Act 2002.  The Department is satisfied that disclosure of the information would contravene one of the data protection principles, namely that the Department can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2 and in this case, none of those conditions have been met.

Page 5 of 29 FOIA/DHSC/rvsd/01 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, Department of Health & Social Care, Chief Executive’s Officer, Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA. An electronic version and paper version of our complaint form can be found by going to our website www.gov.im/about-the-government/freedom-of-information/how-to- make-a-freedom-of-information-request/ . 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; 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.
   Further information about Freedom of Information requests can be found on the Information Commissioner’s website at: www.inforights.im/information-centre/freedom-of-information. Should you have any queries concerning this letter, please do not hesitate to contact us. Yours Sincerely

Freedom of Information Team Department of Health and Social Care

Page 6 of 29 FOIA/DHSC/rvsd/01 Appendix 01a – Emails between Minister Beecroft and Director of Strategy and Policy; Dated 22-Feb-2017

Page 7 of 29 FOIA/DHSC/rvsd/01 Appendix 01b – Attachment from email to Minister Beecroft from Director of Strategy and Policy; Dated 22-Feb-2017 – Redacted in line with s34(1)(b)(ii) of the Act

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Page 11 of 29 FOIA/DHSC/rvsd/01 Appendix 01c – Emails between Minister Beecroft and Director of Strategy and Policy, Mrs Amanda Craig; Dated 09 to 10-May-2017

Page 12 of 29 FOIA/DHSC/rvsd/01 Appendix 01d – A copy of speaking notes prepared by Director of Strategy and Policy for Minister Beecroft

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Page 14 of 29 FOIA/DHSC/rvsd/01 Appendix 02a – Emails between the Director of Strategy and Policy and David Cretney MLC; Dated 03-Aug-2017

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Page 16 of 29 FOIA/DHSC/rvsd/01 Appendix 02b – Attachment to Email between the Director of Strategy and Policy and David Cretney MLC; Dated 03-Aug-2017

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Page 19 of 29 FOIA/DHSC/rvsd/01 Appendix 02c – Emails between the Director of Strategy and Policy and David Cretney MLC; Dated 04-Aug-2017

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Appendix 02d – Email sent from the Director of Strategy and Policy to David Cretney MLC; Dated 10-Aug-2017

Page 21 of 29 FOIA/DHSC/rvsd/01 Appendix 02e – Attachment from Email sent from the Director of Strategy and Policy to David Cretney MLC; Dated 10-Aug-2017

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Page 28 of 29 FOIA/DHSC/rvsd/01 Appendix 02f –Attachment to email sent from the Director of Strategy and Policy to David Cretney MLC; Dated 10-Aug-2017

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