DHA steam packet emails

Summary

A request was made for emails between the Department of Home Affairs and the Isle of Man Steam Packet Company regarding harbour verification measures, but no information was disclosed as it was deemed exempt under Section 34 of the Freedom of Information Act 2015.

Key Facts

• The request covered correspondence from 12th February 2016 to the date of the request.
• The Department of Home Affairs refused to release the information citing Section 34 (formulation of government policy).
• The authority determined that the public interest in maintaining the exemption outweighed the interest in disclosure.
• The refusal was based on concerns that disclosure could compromise candid policy discussions and national security.
• The requester was informed of their right to an internal review and subsequent appeal to the Information Commissioner.

Data Disclosed

• 12th February 2016
• December 2015
• 26th June 2017
• 25th May 2017
• Section 34
• DHA00004
• 415839

Exemptions Cited

• Section 34 of the Freedom of Information Act 2015 (Formulation of government policy)

Original Request

Please can you release copies of all emails and/or letters sent between the Department of Home Affairs and the Isle of Man Steam Packet Company regarding the December 2015 'Consultation in principle on the introduction of greater verification measures at harbours' from 12th February 2016 to the date of this request. DHA00004

Data Tables (1)

Full Response Text

June 26th 2017 REFERENCE NUMBER: DHA00004

Freedom of Information Act 2015 We write further to your application dated May 25th 2017 and received by us the same day, which states; “Please can you release copies of all emails and/or letters sent between the Department of Home Affairs and the Isle of Man Steam Packet Company regarding the December 2015 “Consultation in principle on the introduction of greater verification measures at harbours” from 12th February 2016 to the date of this request.”

While our aim is to provide information whenever possible in this instance the information is exempt from disclosure under section 34 of the Act as it held by The Department of Home Affairs and it relates to the formulation of government policy. As Section 34 is a qualified exemption it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.
Factors in favour of disclosing the information include the following: There is a public interest in disclosing the factual information used to provide an informed back- ground to decision taking.
There is significant public interest in allowing public scrutiny of the details of the policy while the policy is still in the public consciousness. The factors in favour of maintaining the exemption include; Public exposure of the information may compromise candid and robust discussions about policy, exploration of extreme options, keeping detailed records and taking hard choices where it might Chief Executive’s Office DHA Headquarters Tromode Douglas, ISLE OF MAN IM2 5AP Telephone: (01624) 694313 Fax: (01624) 621298 Web address: www@gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Department of Home Affairs Rheynn Cooishyn Sthie prejudice good working relationships the neutrality of civil servants and ultimately the quality of government. Public consultation has already been undertaken. Negotiations are at an advanced stage but have yet to be finalised. It is envisaged that once finalised they will be piloted and information regarding the operation of the Policy will be made available. The information is in respect of the protection of national security and withholding the information protects the deliberative process and provides for a safe space to protect information at this stage of policy formulation and development.
Disclosure prior to implementation may undermine national security.
There is a possibility of damage to the policy making process from the specific information and timing of this request. In assessing the weight to be attributed to each of the factors, it is our considered opinion that the factors supporting the exemption outweigh by a considerable amount those in favour of disclosure at this time. In considering this we have considered the severity of the harm that may be caused alongside considerations in respect of how current the information is. 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 Sally-Ann Cain .Sally-Ann.Cain@gov.im An electronic version and paper version of our complaint form can be found by going to our website. 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; 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 rights to review is on the Information Commissioner’s website at: https://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 https://www.gov.im/about-the-government/freedom-of-information/
Yours sincerely