Public Defence Unit

Summary

A request was made for all documentation regarding the creation of a Public Defence Unit, but the Treasury withheld all information citing exemptions related to policy formulation and the conduct of public business.

Key Facts

• The Treasury extended the processing period by 10 days to assess qualified exemptions.
• Information was withheld under Section 34 (formulation of policy) and Section 35(b) (conduct of public business).
• A public interest test concluded that disclosure would not be in the public interest.
• Some related information is available via previous FOI responses on Criminal Legal Aid Costs and Legal Aid Committee Minutes.
• The authority determined that premature disclosure could inhibit free and frank advice and policy development.

Data Disclosed

• 2017-12-07
• 2018-01-22
• 10 days
• IM113031I
• Section 34
• Section 35(b)
• Section 20

Exemptions Cited

• Section 34 of the Act (formulation of policy)
• Section 35(b) of the Act (conduct of public business)
• Section 20 of the Act (information accessible to the applicant by other means)

Original Request

Information relating to public defence unit

Data Tables (1)

Full Response Text

The Treasury

Yn Tashtey

REFERENCE NUMBER: IM113031I REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 7 December 2017.

Your request

You asked: -

Please provide all instructions, research, costings, reports, advices, feasibilities studies, memos and any other documentation, whether internal or external, obtained, sent and received in relation to the creation of a public defence unit.

Response to your request The response that follows addresses the four parts of your request sequentially.

1. Summary

We carried out a number of different searches for the information you requested. This resulted in the processing period for this request being extended by a further 10 days to the standard time allowed under the Act, to allow us to consider whether qualified exemptions under the Act should be engaged.
We have now completed this assessment. While it is our aim to provide information where possible, in this instance we have concluded the information held by Treasury relating to your request is exempt from disclosure under the following provisions:- 1. Section 34 of the Act (formulation of policy) - as information held by Treasury relates to the formulation of government policy. We have conducted a public Freedom of Information Seyrsnys Fysseree

The Treasury Government Office,
Douglas Isle of Man,
British Isles IM1 3PU

Telephone (01624) 685605 Email: FOI.Treasury@gov.im

Government Website: www.gov.im Date: 22 January 2018

interest test on whether to disclose the information and have decided that it would not be in the public interest to do so. Further information is provided overleaf.

1. Section 35(b) of the Act (conduct of public business) - as disclosure would inhibit the free and frank provision of advice. We have conducted a prejudice test and a public interest test on whether to disclose the information and this is outlined overleaf.

2. Section 20 of the Act (information accessible to the applicant by other means) - we are not required to provide information in response to a request if it is already reasonably accessible to you. Some of the information that you have requested is available from:-

(a) other freedom of information requests already made and these can be found under Treasury FOI response to Criminal Legal Aid Costs:-

https://www.gov.im/about-the-government/freedom-of- information/freedom-of-information-responses

(b) Legal Aid Committee Minutes accessed using the link provided below make reference to the Legal Aid Public Defender Sub Committee:-

https://www.gov.im/about-the-government/departments/the- treasury/social-security-division/legal-aid/la-committee/lac-minutes/

(c) Correspondence generated by yourself with other officers will not be disclosed as this is already freely available to you.

Outlined below is an explanation of the exemptions we have applied along with a summary of factors we have considered.

1. Qualified Exemptions Applied

2.1 Section 34 Formulation of policy

As Section 34 is a qualified exemption, it is subject to a public interest test. The public interest test must be something that is of serious concern and disclosure of the information would be of benefit to the public at large.

Factors in favour of disclosing the information include:-

 Providing open and transparent information relating to the provision and development of Government service.  Insight into our decision making process including challenges made and assurances that a well-researched and formulated policy is developed.

Factors in favour of maintaining the exemption include:-

 The Council of Ministers and other key stakeholders require access to relevant, timely data, opinion and information to inform priorities and concepts relating to policy formulation.  Appropriate consultation on legal aid provision will take place in a timely manner with disclosure of relevant information once policy has been established with key stakeholders; premature disclosure may inhibit or delay development.  Policy development requires adequate consideration free from bias and inappropriate influence.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and those for maintaining the exemption, the balance has fallen in favour of maintaining the exemption.
2.2 Section 35 (b) (i) and (ii) Conduct of Public Business In considering this exemption, we have considered the disclosure of information under the Act is deemed to be a disclosure to the world, rather than a disclosure to an individual applicant. This alters the scope and impact of the prejudice which may result from disclosure. Disclosure of information would be likely to prejudice or harm the effective conduct of pubic business for the following reasons:-  It would impede the free discussion and sharing of professional opinion during policy formulation stages.  It would damage or limit the openness and transparency of sharing of information and opinion between Government officials.  It would prevent the open and free development and discussion of policy progression, free from public scrutiny and attention, until such time as full consideration of all relevant facts has been completed.  Early disclosure may prevent and divert progress ahead of full consideration of all facts and thereby prevent implementation of changes and improved services which are in the public interest.

The effect of this exemption is that disclosure would not only affect the Treasury, but also other areas of the Isle of Man Government. Section 35 is a qualified exemption and whilst demonstrating harm through disclosure, the public interest test must also be considered. This has been outlined in section 2.1 above under Section 34 policy formulation but in addition:- Factors in favour of disclosing the information include:-  Disclosure would promote greater confidence in the quality of opinion and views expressed by Government officials.  Disclosure may promote and encourage improvement in the depth and manner in which opinions may be expressed.
Factors in favour of maintaining the exemption include those factors already stated above in section 2.1, which would be likely to prejudice or harm the effective conduct of public business. Additional factors in favour of maintaining the exemption are that:-  Credibility of opinions including future provision of advice may be limited by disclosure.  Opinions offered in context are beneficial; opinions cited out of context may be harmful and subject to misinterpretation.

Treasury has concluded in assessing the weight to be attributed to each of the factors that the risk of harm from disclosure of the information outweighs any benefit that could be gained by the general public by the information being disclosed. Therefore the balance has fallen in favour of maintaining the exemption. 3. Absolute exemptions

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that:-  Treasury is satisfied that the information amounts to personal data under the Data Protection Act 2002 and is also satisfied that disclosure of the information would contravene one of the data protection principles, namely that Treasury can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2.

1. Conclusion In taking all of these considerations into account the Treasury has determined that the factors in favour of maintaining the exemptions (s34 and s35) outweigh the factors in favour of disclosing the information. The Council of Ministers require access to free, relevant, timely data, opinion and information to inform priorities and concepts relating to policy formulation; without which harm would arise from the lack of policy determination. 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 me at the above address.
   An electronic version of our complaint form can be found at www.gov.im/foireview. If you would like a paper version of our complaint form to be sent to you by post, please contact me and I 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 appeal to the Information Commissioner for a decision on:
2. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or
3. 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 right to a review can be found on the Information Commissioner’s website at 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.
   Yours sincerely,

FOI Coordinator, the Treasury