joint meeting agendas, attachments and minutes (or filenotes)

Summary

The request sought agendas, attachments, and minutes for bi-monthly meetings between the First Deemster and the Justice Minister from November 2021 onwards. The authority disclosed notes from three specific meetings in 2021 and 2022 but withheld further information citing Section 25 exemptions.

Key Facts

• The request covered meetings between the First Deemster and the Minister for Justice and Home Affairs starting from 24 November 2021.
• Disclosed documents include meeting notes from 24 November 2021, 28 February 2022, and 28 November 2022.
• The 24 November 2021 meeting established an agreement for bi-monthly meetings between the First Deemster and the Minister.
• Key discussion topics included the future of Legal Aid, Court Welfare Service reviews, and Manx Bar Exam reforms.
• Part of the requested information was withheld under Section 25 of the Freedom of Information Act.

Data Disclosed

• 24 November 2021
• 28 February 2022
• 28 November 2022
• 4:00pm
• 5:30pm
• 5.15pm
• 16:00 - 17:30
• 8 December 2021
• Section 25
• 11 pages
• 5 documents

Exemptions Cited

• Section 25

Original Request

Please supply a copy of all first deemster and Department of Home Affairs justice minister bi-monthly and/or quarterly meeting agendas, attachments such as reports and circulated minutes with adequate indication of the circulation method such as email or internal post from 24th November 2021 to date as per the 'the regular quarterly discussions" referenced in the minutes dated 27th February 2023.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Notes of a Meeting
First Deemster and the Minister for Justice and Home Affairs Chief Registrar’s Office 4:00pm 28 February 2022

Present:

His Honour Andrew Corlett, First Deemster and Clerk of the Rolls Hon Jane Poole-Wilson MHK, Minister for Justice and Home Affairs

In Attendance:
Dan Davies, Chief Executive, Department of Home Affairs Stuart Quayle, Chief Registrar

Purpose: The meeting was the scheduled catch up between the First Deemster and the Minister for Justice and Home Affairs. The discussion points from the meeting on 24 November 2021 formed the broad structure of the meeting.

Discussion points:  The imminent publication of the Department for Home Affairs’ Service Delivery Plan and the detailed legislative implementation plans sitting underneath it to which significant Departmental resources are committed;  The current legislative ‘gap’ in respect of transphobic hate crime highlighted to the Minister by the Coroner of Inquests following a recent Inquest, and how that gap might be filled;  The future of ‘justice policy’ and how models from elsewhere may aid the Government’s thinking in this area. Judicial support for the creation of a Law Commission was noted;  The approach to the Minister by the Appointments Commission in support of changes to the structure and number of Tribunals;
 The Attorney General’s Report on the future of Legal Aid. It was noted that the review has so far been considered by the Legal Aid Committee, although circulation beyond that forum is currently restricted. Judicial support for a timely conclusion of the Review was noted;  An update on the review of the Court Welfare system, including the extension of an invitation to the Minister for the upcoming Family Court User Group;
 An update on the independent review of Legal Services, including proposed timeline and some of the planned milestones;  An update on the proposals to reform the Manx Bar Exams; and  A discussion about potential private Member’s legislation on Special Measures, including the need to assess the evidence about which measures are actually beneficial in an Isle of Man context. Within this discussion, the priority for directing resources at implementing enacted legislation was noted.

The meeting ended at 5:30pm.

Exemption under Section 25

1

Notes of a Meeting
First Deemster and the Minister for Justice and Home Affairs Chief Registrar’s Office 4:00pm 24 November 2021

Present:

His Honour Andrew Corlett, First Deemster and Clerk of the Rolls His Honour John Needham, Second Deemster Hon Jane Poole-Wilson MHK, Minister for Justice and Home Affairs

In Attendance:
Dan Davies, Chief Executive, Department of Home Affairs Sam McCauley, Deputy Chief Executive, Department of Home Affairs Stuart Quayle, Chief Registrar

Purpose: The primary purpose of the meeting was an initial, introductory meeting following the appointment of Mrs Poole-Wilson as Minister for Justice and Home Affairs.

Discussion points: The introductory meeting discussed a number of topics including, in headline terms:-  An overview of the Island Plan from the Minister, where she confirmed that detailed yet realistic delivery plans would sit underneath it. The lack of resources within both the Department of Home Affairs and the General Registry was noted;
 The upcoming report by the Attorney General on the future of Legal Aid, noting that it would shortly be delivered to the Legal Aid Committee;  The current (significant) challenges faced by the Court Welfare Service, including the establishment of an independent review into the quality of service provision. The focus on ‘Children First’ in other jurisdictions was discussed as were concerns about the lack of supervised/supported contact;  The Manx Bar Exams, particularly concerns about the Law Society’s current proposals for reform and their interaction with the recommendations of, and the debate on, the Report by Tynwald’s Constitutional and Legal Affairs Committee in the last parliamentary session; and  The imminent appointment of Lord Edward Garnier QC to lead the independent review of legal services within the Isle of Man. 2

Action Points: The following actions were agreed:-  The Deemsters to join a meeting with the Minister and President of the Law Society on 8 December 2021 to discuss reforms to the Manx Bar Exams;  The Chief Registrar to establish what data (if any) Courts Administration held in relation to delays caused by problems with the Court Welfare Service;
 Bi-monthly meetings between the First Deemster and Minister to be established; and  A visit to the Courts/General Registry for the Minister and Members to be arranged.

The meeting ended at 5.15pm.

Meeting between First Deemster and Justice Minister – 28th November 2022 (16:00 - 17:30). Also in attendance: Colin Cowley – CC (Chief Registrar) Dan Davies – DD (DHA CEO) Alex Armstrong – AA (Legal Officer) Sam McCauley - SM (DHA Deputy CEO) JOA Cross attended for items regarding training / POCA. The meeting was held as a part of the regular quarterly discussions. Points discussed during meeting: • • Effort by Courts to develop more judicial training including panel Deemsters • Note passing of Advocates Admission Regs 2022, Garnier Report due soon • Justice Reform ‘wish list’ being considered and certain points to be included in Justice Reform (Amendment) Act 2023 • Wooler Report – a headline list of recommendations has been seen by the Minister – principally removable of Prosecutions from AGC. D1 to meet Wooler 19/12/22 – SM to arrange • Update on new High Bailiff and difficulties with Clerk appointment. Recruitment for DHB to begin shortly • Youth Justice Update in light of Tynwald Report. DHA to seek meeting with High Bailiff to discuss response – CC to facilitate / attend • Discussion with timing of High Bailiff practice direction and feedback from Police – this can form part of wider discussions with HB • Divorce Update – current position is that the Rules / forms / training etc. are progressing well and all stakeholders are moving towards an implementation date of April 2023. • Nothing further on Legal Aid – does anyone know where this is or is heading? • Legislation general – discussion re current (Licensing, SOOP etc.) and future Bills including Sentencing and options for regular “law reform” type Bills • MoU between Gen Reg and DHA sounds good, DHA to dig out draft and CC /DD to progress. Further discussion with CabO to ensure smooth handover as and when it can be put in place • General update - CC updated re: new case management system / programme of modernisation for all courts; building issues re disability access and general maintenance [s.29 FOIA 2015- International Relations]

M ####

General Registry Oik-Recortyssee Chief Registrar
Stuart Quayle

Isle of Man Courts of Justice Deemsters Walk, Bucks Road Douglas, Isle of Man IM1 3AR

Telephone:
(01624) 685979 Email:
DPO- GenReg@gov.im

Our ref: 3732853 22 May 2024

Dear M ####

We write further to your request, received 11th March 2024, which states:

"Please supply a copy of all first deemster and Department of Home Affairs justice minister bi-monthly and/or quarterly meeting agendas, attachments such as reports and circulated minutes with adequate indication of the circulation method such as email or internal post from 24th November 2021 to date as per the 'the regular quarterly discussions" referenced in the minutes dated 27th February 2023."

An extended processing period has been applied to this request, communicated to you by email on the 23rd April 2024 on the basis that further time was required to consider the application of qualified exemptions in respect of certain information.

Please find attached an overwhelming majority of the information you requested; namely 4 documents which, to answer your request about method of circulation, were originally circulated by email. The documents are:

1. A copy of Notes of a meeting between First Deemster and the Minister for Justice and Home Affairs – 24th November 2021 (the “Nov 21 Meeting Notes”);

2. A copy of a set of Minutes of a meeting between First Deemster and Justice Minister – 28th November 2022 (the “Nov 22 Minutes”); and

3. A copy of notes of a meeting between First Deemster and the Minister for Justice and Home Affairs – 28th February 2022 (the “Feb 22 Notes”); and

4. A copy of a set of Minutes of a meeting between First Deemster and Justice Minister – 27th February 2023 (the “Feb 23 Minutes”).

Under the provisions of the Freedom of Information Act 2015 (“FOIA”), we are unable to provide some of the information requested for the following reasons:

• Some of the information in the 2023 Minutes has been redacted by virtue of it being qualified exempt information under Section 29(3) of FOIA (Confidential Information obtained from an international organisation);
• Some of the information in the 2023 Minutes has been redacted by virtue of it being qualified exempt information under Section 34(1)(a) of FOIA (Formulation of Policy); and
• Some of the information in the 2023 Minutes has been redacted by virtue of it being absolutely exempt information under section 25(2) of FOIA (Absolutely exempt personal information).

In the final instance (Section 25 Exemption), the General Registry is satisfied that this information amounts to personal data of which you are not the data subject and that its disclosure would contravene the data protection principles.

In accordance with paragraph 3.9 of the FOIA Code of Practice (“COP”), we set out below the reasons why the General Registry believes that in all the circumstances of the case, the public interest in maintaining the Section 29 Exemption and the Section 34 Exemption outweighs that in disclosure.

Section 29 Exemption

The information redacted, pursuant to section 29 refers to a draft report not yet in the public domain. While the reference to the report is minimal, it reveals a result of the report.

The report will eventually become public and remains confidential at this stage, as confirmed by General Registry’s enquiries. Disclosure would not aid public debate on its subject matter and may harm the relationship with the provider if reference to it or its results are published.

Exercise of the review constituting the report are not in the public domain, nor are its results. Disclosure could undermine the willingness of the author to engage with the Island and could provoke a negative reaction from them, thereby damaging the Island’s relationship with the author and engage openly in the future. The draft report’s sensitivity remains as at the date of this response and disclosure would not promote accountability and transparency in public spending or evidence wrongdoing or corruption.

There is not considered to be any benefit in allowing the public and others to understand decisions made by public authorities affecting their lives, as this is not the subject matter of the reference to the report, nor would disclose bring to light information affecting public health and safety.

The draft report is live, remains subject to change and is subject to future publication. Disclosure of any reference to the report would be contrary to the intention of the provider.

In conclusion, the General Registry confirms that it is satisfied that in all the circumstances of the case, the public interest in maintaining the Section 29 Exemption outweighs that in disclosure.

Section 34 Exemption

The information redacted in accordance with section 34 is considered to be information relating to the development of Government policy, hereafter, the “Policy”.

Factors in favour of disclosure include that the reference to the Policy gives an indication as to progress of the Policy and that it is being prioritised, and that the reference to it alludes to how priorities are set on the development of government policy by those present.

Despite the foregoing, the process relating to the Policy is not complete and frank opinions are expressed in relation to the progress of it, its manageability, and disclosure of such may inhibit free and frank exchange of such views in the future.

There is little public interest in release as there are no public documents on which the public can comment and therefore engage in effective public participation, the subject matter is not yet in the public domain or open to consultation. Disclosure would do little to inform what minimal reference is already in the public domain as part of the Island Plan.

Further, disclosure may compromise candid and robust discussions about policy and the keeping of detailed records as well as taking choices as to progress and prioritisation. There is no wrongdoing to be exposed by disclosure and no large- scale public expenditure anticipated. The Policy is “live” in that there is no record of its content available to the public. There is little to be provided in the public interest in disclosure of vague reference to content and opinions on the Policy’s progress and prioritisation and therefore little to be gained by the public in disclosure.

In conclusion and in the overarching interest of protecting the deliberative process, providing a safe space to protect information in the early stages of policy development and associated processes, the General Registry confirms

that the public interest in maintaining the Section 34 Exemption outweighs that in disclosure.

Please quote the reference number 3732853 in any future communications.

Your right to request a review

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An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . 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. 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.
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