Coronavirus Regulations

Summary

A request for specific dates, definitions, and procedural details regarding the Isle of Man's Coronavirus Regulations was partially refused because the Clerk of Tynwald does not hold the information or it is reasonably accessible elsewhere. The authority cited Section 20 and Section 11 exemptions, directing the requester to external resources like the Independent Covid Review Report and Tynwald's website.

Key Facts

• The Clerk of Tynwald does not hold information regarding the definitions of lockdowns or circuit breakers.
• Questions about specific dates and amendment procedures were refused under Section 20 as the information is reasonably accessible to the public.
• The authority applied a Section 11 research exemption for questions requiring the creation or analysis of information.
• Requesters were directed to the Independent Isle of Man Covid Review Report for key dates and regulation details.
• The response was issued on 2 September 2024 following a request received on 5 August 2024.

Data Disclosed

• 2024-08-05
• 2024-09-02
• 4035649
• Section 20
• Section 11
• Section 8(3)
• February 2024
• p. 1054
• pp. 812-817
• PP 2024/0016

Exemptions Cited

• Section 20 (Information reasonably accessible)
• Section 11 (Research exemption)
• Section 8(3) (Creation, analysis, or compilation of information)

Original Request

1. What date did the Coronavirus Regulations for the Isle of Man gain Royal Assent? 2. What date did the Coronavirus Regulations come into force in the Isle of Man? 3. What is a lockdown? Please define it. 4. Please state the dates of all lockdowns on the Isle of Man (start and end date of each lockdown). 5. What is a Circuit Breaker? 6. What was the start and end date of the circuit breaker on the Isle of Man? 7. Is there any difference between a lockdown and a circuit breaker? 8. Did citizens of the Isle of Man need to seek any specific permission from any authority to hold a protest during a lockdown? 9. Did citizens of the Isle of Man need to seek any specific permission from any authority to hold a protest during a Circuit Breaker? 10. Do amendments of the Coronavirus need to gain Royal Assent? 11. How were members of the public notified of any amendments to the Coronavirus Regulations once the original Regulations gained Royal Assent and then were amended (updated)? 12. Where could the updates to the Coronavirus Regulations be found? Is there a specific place where such updates are posted? 13. When were the Coronavirus Regulations revoked on the Isle of Man? 14. How were the public appropriately informed of updates to the Coronavirus Regulations?

Data Tables (1)

Full Response Text

Freedom of Information Co-Ordinator Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man IM1 3PW Telephone: 01624 685500

Our ref: 4035649 2 September 2024

Dear ###

We write further to your request, received 5 August 2024, which states:

"1. What date did the Coronavirus Regulations for the Isle of Man gain Royal Assent? 2. What date did the Coronavirus Regulations come into force in the Isle of Man? 3. What is a lockdown? Please define it. 4. Please state the dates of all lockdowns on the Isle of Man (start and end date of each lockdown). 5. What is a Circuit Breaker? 6. What was the start and end date of the circuit breaker on the Isle of Man? 7. Is there any difference between a lockdown and a circuit breaker? 8. Did citizens of the Isle of Man need to seek any specific permission from any authority to hold a protest during a lockdown? 9. Did citizens of the Isle of Man need to seek any specific permission from any authority to hold a protest during a Circuit Breaker? 10. Do amendments of the Coronavirus need to gain Royal Assent? 11. How were members of the public notified of any amendments to the Coronavirus Regulations once the original Regulations gained Royal Assent and then were amended (updated)?
12. Where could the updates to the Coronavirus Regulations be found? Is there a specific place where such updates are posted? 13. When were the Coronavirus Regulations revoked on the Isle of Man?

1. How were the public appropriately informed of updates to the Coronavirus Regulations?" Our Response While our aim is to provide information whenever possible, in this instance the Clerk of Tynwald’s Office does not hold some of the information that you have requested. Regarding Questions 1, 2, 4, 6, 10, 11, 12, 13 and 14, under Section 20 of the Act we do not have to provide you with information if it is already reasonably accessible to you. We have however provided resources below to assist you.

You may also wish to consider the potential availability of further information in respect of the Coronavirus pandemic from the Isle of Man Government Cabinet Office. Regarding Questions 3, 5, 7, 8 and 9 this information is not held. A Section 11 research exemption is being applied. Under Section 11.3 of the Freedom of Information Act 2015 we can refuse to give the information requested if: (b) 'complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) things a public authority is not required to do by the Act’.
We are therefore applying section 8(3) subsections (a), (b) and (c) to your request:
8.3
(a)
create or derive information from information that it holds;
(b)
undertake research into, or analysis of, information that it holds; or
(c)
undertake substantial compilation or collation of information that it holds. Resources:
• The Independent Isle of Man Covid Review Report – Kate Brunner KC – February 2024 [PP 2024/0016] – https://covidreview.im/wp-content/uploads/2024/02/ICR- IoM-Full-Report-01.02.2024.pdf e.g. p. 1054 (key dates), pp. 812-817 (regulations etc.)

• The role of Tynwald and the Coronavirus Pandemic − https://www.tynwald.org.im/Tynwald-COVID19, e.g. legislation, regulations, emergency powers, related links etc.

• Research briefings provided by this office in relation to the Coronavirus Pandemic − https://www.tynwald.org.im/research
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. Please quote the reference number 4035649 in any future communications.

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.
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. Please quote the reference number 4035649 in any future communications. Please quote the reference number 4035649 in any future communications.

Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely ###