Commitees, Board, Agencies and Offices

AuthorityDepartment of Environment, Food and Agriculture
Date received2024-09-25
OutcomeSome information sent but not all held
Outcome date2024-10-21
Case ID4149238

Summary

The applicant requested a list of committees, boards, and agencies associated with the Department of Environment, Food and Agriculture, including their terms of reference, membership, funding, and delegated powers. The authority responded by providing details for eight specific bodies, noting that some information was already publicly accessible via links rather than being sent directly.

Key Facts

  • Eight bodies were identified: Policy and Strategy Committee, Recreational Fisheries Management Board, Scallop Management Board, Planning Committee, Wildlife Committee, Health and Safety Committee, Road Traffic Licensing Committee, and Office of Fair Trading.
  • The Planning Committee received specific funding of £11,688.
  • The Road Traffic Licensing Committee and Office of Fair Trading budgets are part of the overall DEFA budget.
  • Several bodies, including the Wildlife Committee, are established under specific legislation such as the Endangered Species Act 2010 and Wildlife Act 1990.
  • The authority cited Section 20 of the Act to explain that some requested information was not provided directly because it is already reasonably accessible via public links.

Data Disclosed

  • 2024-09-25
  • 2024-10-21
  • £11,688
  • Section 20
  • Endangered Species Act 2010
  • Wildlife Act 1990
  • Controlled Marine Area (Seismic Survey Works) Byelaws 2016
  • Planning Committee Constitution Order 2019

Exemptions Cited

  • Section 20 of the Act (Information accessible to applicant by other means)

Original Request

Please supply a list of all Commitees, Board, Agencies and Offices which: (a) are staffed by officers within the Department; (b) recieve funding from the Department; (c) are under the direction or control of Department; or (d) share facilities, funding or staffing with Department Futher please also provided the terms of reference, membership and funding details for any of the bodies which meet the above. Finally please detail to what, if any, extent the bodies above have been given a delgated power(s) under by the Department's Minister.

Data Tables (8)

Terms of reference N/A
Membership Clare Barber, MHK, Minister Claire Christian, MHK, Department Member Tanya August-Hanson, MLC, Department Member
Funding N/A
Delegated powers N/A
Terms of reference https://www.gov.im/about-the- government/departments/environment-food-and- agriculture/environment-directorate/fisheries/inland-fisheries/co- management/
Membership As per link above
Funding N/A
Delegated powers N/A
Terms of reference https://www.gov.im/about-the- government/departments/environment-food-and- agriculture/environment-directorate/fisheries/sea-fisheries/co- management/
Membership As per link above
Funding N/A
Delegated powers N/A
Terms of reference https://www.gov.im/media/1368300/planning-committee- constitution-order-2019.pdf
Membership https://www.gov.im/categories/planning-and-building- control/planning-building-control-decisions-and- performance/planning-committee-meetings/committee-agendas- and-minutes/
Funding £11,688
Delegated powers Delegated powers to: - Director of Planning and Building Control - Head of Building Control - Head of Development Management - Principal Planners Under following legislation: https://www.gov.im/categories/planning-and-building- control/planning-building-control-library/planning-building- control-legislation/
Terms of reference N/A To offer advice and assistance, the Wildlife Committee is established under section 1 of the Endangered Species Act 2010 (with section 3 and Schedule 1 further defining terms), and further terms and requirements are set under sections 16, 23, 24, 25, 27 and 32 of the Wildlife Act 1990, and byelaw 6 of the Controlled Marine Area (Seismic Survey Works) Byelaws 2016.
Membership DEFA Ecosystem Policy Manager (convenor) DEFA Director Agriculture DEFA Director Forestry Amenity & Lands DEFA Chief Veterinary Officer MNH Curator of Natural History/Ecologist and Environmental Planner Marine specialist (ex-PEML) Manx BirdLife Director DEFA Director of Environment who calls on expertise of EPU and Fisheries In addition to the regular membership, specialists are co-opted in to meetings for their particular expertise on specific topics.
Funding N/A
Delegated powers N/A
Terms of reference See Appendix One
Membership See Appendix One
Funding N/A
Delegated powers N/A
Terms of reference N/A To offer advice and assistance, a copy of the Memorandum of Understanding is attached. See Appendix Two.
Membership https://www.gov.im/about-the-government/offices/road- transport-licensing-committee/the-committee/
Funding The budget forms part of the overall DEFA budget https://www.gov.im/media/1382351/pink-book-2024-25-final- website_compressed.pdf
Delegated powers N/A
Terms of reference N/A To offer advice and assistance, a copy of the Memorandum of Understanding is attached. See Appendix Three.
Membership https://www.gov.im/about-the-government/statutory-boards/isle- of-man-office-of-fair-trading/the-board/
Funding The budget forms part of the overall DEFA budget https://www.gov.im/media/1382351/pink-book-2024-25-final- website_compressed.pdf
Delegated powers See Appendix Three

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 4149238 7 October 2024

Dear ###

We write further to your request, received 25 September 2024, which states:

"Please supply a list of all Committees, Board, Agencies and Offices which: (a) are staffed by officers within the Department; (b) receive funding from the Department; (c) are under the direction or control of Department; or (d) share facilities, funding or staffing with Department

Further please also provided the terms of reference, membership and funding details for any of the bodies which meet the above.

Finally please detail to what, if any, extent the bodies above have been given a delegated power(s) under by the Department's Minister."

Please see below, along with Appendix One and Appendix Two.

Policy and Strategy Committee Terms of reference N/A Membership Clare Barber, MHK, Minister Claire Christian, MHK, Department Member Tanya August-Hanson, MLC, Department Member Funding N/A Delegated powers N/A

Recreational Fisheries Management Board Terms of reference https://www.gov.im/about-the- government/departments/environment-food-and- agriculture/environment-directorate/fisheries/inland-fisheries/co- management/
Membership As per link above Funding N/A Delegated powers N/A

Scallop Management Board Terms of reference https://www.gov.im/about-the- government/departments/environment-food-and- agriculture/environment-directorate/fisheries/sea-fisheries/co- management/
Membership As per link above Funding N/A Delegated powers N/A

Planning Committee Terms of reference https://www.gov.im/media/1368300/planning-committee- constitution-order-2019.pdf
Membership

https://www.gov.im/categories/planning-and-building- control/planning-building-control-decisions-and- performance/planning-committee-meetings/committee-agendas- and-minutes/ Funding £11,688 Delegated powers Delegated powers to: - Director of Planning and Building Control - Head of Building Control - Head of Development Management - Principal Planners

Under following legislation: https://www.gov.im/categories/planning-and-building- control/planning-building-control-library/planning-building- control-legislation/

Wildlife Committee Terms of reference N/A To offer advice and assistance, the Wildlife Committee is established under section 1 of the Endangered Species Act 2010 (with section 3 and Schedule 1 further defining terms), and further terms and requirements are set under sections 16, 23, 24, 25, 27 and 32 of the Wildlife Act 1990, and byelaw 6 of the Controlled Marine Area (Seismic Survey Works) Byelaws 2016. Membership DEFA Ecosystem Policy Manager (convenor) DEFA Director Agriculture DEFA Director Forestry Amenity & Lands DEFA Chief Veterinary Officer MNH Curator of Natural History/Ecologist and Environmental Planner Marine specialist (ex-PEML) Manx BirdLife Director DEFA Director of Environment who calls on expertise of EPU and Fisheries In addition to the regular membership, specialists are co-opted in to meetings for their particular expertise on specific topics. Funding N/A Delegated powers N/A

Health and Safety Committee Terms of reference See Appendix One
Membership See Appendix One Funding N/A Delegated powers N/A

Road Traffic Licensing Committee Terms of reference N/A To offer advice and assistance, a copy of the Memorandum of Understanding is attached. See Appendix Two. Membership https://www.gov.im/about-the-government/offices/road- transport-licensing-committee/the-committee/
Funding The budget forms part of the overall DEFA budget https://www.gov.im/media/1382351/pink-book-2024-25-final- website_compressed.pdf
Delegated powers N/A

The Office of Fair Trading
Terms of reference N/A To offer advice and assistance, a copy of the Memorandum of Understanding is attached. See Appendix Three. Membership https://www.gov.im/about-the-government/statutory-boards/isle- of-man-office-of-fair-trading/the-board/
Funding The budget forms part of the overall DEFA budget https://www.gov.im/media/1382351/pink-book-2024-25-final- website_compressed.pdf
Delegated powers See Appendix Three

Section 20 Information accessible to applicant by other means
While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

To offer advice and assistance, some of the information that you have requested is already available. The links to this information have been provided within the table above.

Section 25(b)(i)&(ii) Absolutely exempt personal information
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:

• The Department of Environment Food and Agriculture is satisfied that the information amounts to personal data of which you are not the data subject; and

• The Department of Environment Food and Agriculture is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle

of Man that the Department of Environment Food and Agriculture can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article and in this case, none of those conditions have been met.

Please quote the reference number 4149238 in any future communications.

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.

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.

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.