Correspondence between IOMG and Firefighters Unions re propsed inclusion into GUS in 2011

Summary

A request for 2009 and 2011 correspondence regarding firefighter pension scheme reviews was denied because the Public Sector Pensions Authority did not exist at the time the documents were created. The authority advised the requester to contact the Cabinet Office for information predating the 2011 FOI Act threshold.

Key Facts

• The Public Sector Pensions Authority (PSPA) was not formed until April 2012.
• The requested documents date from 2009 and circa 2011, prior to the PSPA's existence.
• The Office of Human Resources, Cabinet Office was responsible for pension consultations in 2011.
• FOI requests under the 2015 Act only cover information created on or after 11 October 2011.
• Pre-2011 information must be sought under the Code of Practice on Access to Government Information.

Data Disclosed

• 2009
• 2011
• April 2012
• 11 October 2011
• 12 October 2017
• 26 October 2017
• IM1066171
• GR 02/09

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (practical refusal reason)

Data Tables (1)

Full Response Text

Public Sector Pensions Authority Freedom of Information Act 2015 (the Act) Request Reference IM1066171

Thank you for your request dated and received on 12 October 2017 and which states:

Request for the following documentation;

1) Copy of the Council of Ministers Report GR 02/09 Proposals for Consultation Regarding the Review of Public Service Pension Schemes.

2) Copy of letter (circa 2011) to Unite the Union Isle of Man informing them that members of the Fireman's Branch of the Union were to be included in the review of the Isle of Man Public Service Pension Schemes and that consultation and negotiation would be entered into on this matter.

3) Copy of letter (circa 2011) to The Association of Principal Fire Officers advising them that their Isle of Man members were to be included in the review of the Isle of Man Public Service Pension Schemes and that consultation and negotiation would be entered into on this matter.

Response to your request:-

Our aim is to provide information whenever possible, however I regret to advise that in this instance I am unable to provide the information that you have requested for the following reason:

Under s11 (3)(a) of the Act (practical refusal reason), in this instance the Public Sector Pensions Authority (PSPA) does not hold the information that you have requested, as at the time the documents were produced in 2009 and circa 2011, the PSPA did not exist as a public authority. The PSPA was not formed until April 2012.

Further advice and assistance:-

Section 15 of the Act requires public authorities to provide advice and assistance to persons who propose to make, or have made, requests for information. The following information is therefore, to provide you with some links to advice and context that may help further:

Should you wish to do so you may refer your freedom of information request to the Office of Human Resources, Cabinet Office who were the public office responsible for the consultation and negotiation with Unions on public sector pension scheme matters in 2011.

Chief Executive Officer Ian T Murray BCom (Hons), APMI 3rd Floor Prospect House 27-29 Prospect Hill Douglas, ISLE OF MAN, IM1 1ET

26 October 2017 Public Sector Pensions Authority Lught-reill Penshynyn y Cherroo Theayagh

Please note that freedom of information requests can only be made in respect of information created on or after 11 October 2011. As part, or potentially all, of your request is for information that is before 11 October 2011, this information can be sought from the Cabinet Office, under the Code of Practice on Access to Government Information which can be found at www.gov.im/media/881974/access-code.pdf

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 to me at FOI.PSPA@pspa.im or by post to the address shown at the end of this email. 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;

1. 1.Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or
2. 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 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