Food Hygeine

Summary

A request was made for McDonald's inspection reports and statistics on pre-informed and unannounced inspections over the last three years. The Department of Environment, Food and Agriculture refused to disclose any information, citing exemptions related to ongoing regulatory investigations.

Key Facts

• The request was received on 9th April 2018 and responded to on 1st May 2018.
• The authority handling the request is the Department of Environment, Food and Agriculture.
• All requested information was withheld under section 31(2)(a) of the Freedom of Information Act 2015.
• The exemption applies because the information relates to investigations under the Food Act 1996 and Food Hygiene Regulations 2007.
• The department determined that public interest factors favoring withholding outweighed those favoring disclosure.

Data Disclosed

• 2018-04-09
• 2018-05-01
• 416235
• 3 years
• section 31(2)(a)
• Food Act 1996
• Food Hygiene Regulations 2007

Exemptions Cited

• Section 31(2)(a) of the Freedom of Information Act 2015 (Investigations and proceedings)

Original Request

Copes of all notes and reports on McDonalds for the last 3 years How many pre informded inspections over the last 3 years How many unannounced inspection were made over the last 3 years

Data Tables (1)

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: 416235 1st May 2018

Dear ###,

We write further to your request which was received on 9th April 2018 and which states:

"Copies of all notes and reports on McDonalds for the last 3 years How many pre informed inspections over the last 3 years How many unannounced inspection were made over the last 3 years"

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure pursuant to section 31(2)(a) of the Act as the information was obtained or recorded by the Department for the purposes of its functions relating to an investigation that we have a duty to conduct under the provisions of the Food Act 1996 and the Food Hygiene Regulations 2007 to ascertain whether any regulatory action under is necessary.

Public Interest In assessing where the Public Interest lies in relation to the above, the following factors have been considered.

Factors in favour of disclosure • There is a general public interest in ensuring that the regulation and testing of foodstuffs is carried out rigorously and without fear or favour in order to protect the public from any risk to their health. • There is a general public interest in ensuring that the regulation and testing of foodstuffs is transparent and fair. • There is a general public interest in ensuring that the regulation and inspection of public eating establishments is carried out rigorously and without fear or favour in order to protect the public from any risk to health. Factors in favour of withholding • In the event of a risk to public health there would, very quickly, be publicity informing the public of that risk and of the actions to take. Indeed, we would be obliged to release information in those circumstances. • In the event of a risk to public health swift action would be taken by the Department to ensure that any risk to public health was removed.

In taking these factors into account the Department of Environment, Food and Agriculture determine that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 416235 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 using the contact details above.

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.

Yours sincerely

Frank Harrison Freedom of Information Co-ordinator