Request for details relating to the creation of a public defence unit

Summary

A request was made for all documentation regarding the creation of a public defence unit, but the Attorney General's Chambers withheld all information citing exemptions related to the conduct of public business and information already accessible by other means.

Key Facts

• The request covered instructions, research, costings, reports, and memos related to a public defence unit.
• The processing period was extended by 10 days to consider qualified exemptions.
• The authority determined that disclosure would inhibit the free and frank provision of advice.
• Some requested information is already available via previous Treasury FOI responses and Legal Aid Committee minutes.
• The decision was made on the same day the request was received, 6 December 2017.

Data Disclosed

• 2017-12-06
• 10 days
• Section 35(b)(i)
• Section 20
• 01624 685452
• IM112826I
• 3 pages
• 1 document

Exemptions Cited

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

Original Request

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

Data Tables (1)

Full Response Text

Telephone: 01624 685452

ATTORNEY GENERAL'S CHAMBERS Email:
foi@attgen.gov.im

2ND FLOOR, BELGRAVIA HOUSE

CIRCULAR ROAD, DOUGLAS

ISLE OF MAN IM1 1AE

REFERENCE NUMBER: IM112826I REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your request for information received on 6 December 2017. Your request asked Her Majesty’s Attorney General (HM AG) to 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
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 over the standard time allowed under the Act. This was to provide time to allow HM AG to consider qualified exemptions under the Act.
HM AG has now completed his assessment. While it is his aim to provide information where possible, in this instance he has decided that all the information held by Chambers relating to your request is presently exempt from disclosure under the following provisions:- 1. Section 35(b)(i) of the Act (conduct of public business) - as disclosure would inhibit the free and frank provision of advice. We have conducted a prejudice test on whether to disclose the information and this is outlined below. 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/#accordion

(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. This is relevant at the time of writing.

Page 2 of 3

Qualified Exemptions Applied - 2.3 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 requester. 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  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 HM AG’s Chambers, 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 as follows:- 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.
 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:-  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.  Key stakeholders will be consulted with and receive relevant information once the policy has been developed and premature disclosure may inhibit or delay development.  Appropriate consultation on legal aid provision will take place in a timely manner with disclosure of relevant information once policy proposals have been established with key stakeholders.  Policy development requires adequate consideration free from bias and inappropriate influence.  Credibility of opinions including their 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. HM AG has concluded 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.

Page 3 of 3

Absolute exemptions While HM AG aims to provide information whenever possible, in this instance he is 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:-  HM AG 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 HM AG can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2.

Conclusion In taking all of these considerations into account HM AG has determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. 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 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 the Cabinet Office direct.
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.
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.