Staff bonus payments

Summary

The requester sought details on 'special permission' for non-standard staff contracts and copies of individual bonus assessments and objectives for the Department for Enterprise. The authority disclosed the relevant Civil Service Order and Act granting the permission but withheld specific individual remuneration assessments and objectives, citing partial exemptions.

Key Facts

• The Department for Enterprise received 'special permission' via the Civil Service (Amendment of Schedule 1) Order 2013 to use individual contracts outside the standard Public Services Commission structure.
• This permission was granted by the Council of Ministers and approved by Tynwald under the Civil Service Act 1990.
• The authority provided the legal Order and Act but did not release copies of individual staff bonus assessments or pre-agreed objectives.
• The response outcome was classified as 'Some information sent but part exempt'.
• The request was triggered by a Manx Radio News Report dated 12 February 2025 regarding bonus payments in four Executive Agencies.

Data Disclosed

• 2025-02-13
• 2025-03-10
• 2013
• 1990
• 2015-0237
• 2015-0001
• 7 pages
• 1 document

Exemptions Cited

• Part exempt (specific exemption clauses not detailed in the provided text snippet)

Original Request

In a Manx Radio News Report dated the 12th February 2025 in its comments concerning bonus payments made to staff in its four Executive Agencies, the public authority is reported to have said that it was granted 'special permission' to use individual contracts outside the standard Public Services Commission structure to attract commercial expertise, particularly in roles requiring business development skills. Please let me have - 1. a copy or hyperlink to, the "special permission" referred to; and 2. the name of the person who gave the "special permission"; and 3. a copy of or hyperlink to, the legal or other authority, which such person had to give the "special permission". The Manx Radio News report states also that "The Department said that all remuneration, including bonuses, is assessed against total potential cost and compared to standard public sector contracts". The information that I require in relation to this aspect of the news report is copies of all the assessments referred to for each member of staff in respect of all remuneration, including bonuses, for each year that such staff received bonuses. The Manx Radio News report states also that "All payments must be based on pre-agreed objectives, reviewed either by a senior officer or a remuneration panel." The information I require in relation to this aspect of the news report is a copy, or copies of, or hyperlinks to, the pre-agreed objectives for each member of staff to whom bonuses have been paid for each year that bonuses have been paid, plus copies of the reviews referred to. The Manx Radio News report states also that "The DfE insisted that all contracts are assessed against total potential cost and weighed against the alternative of a full public service role, which includes pension contributions" The information I require in relation to this aspect of the news report is copies of the individual assessments and the weighing of the alternative referred to.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 4446657 10 March 2025

Dear ###,

We write further to your request, received 13 February 2025, which states:

"In a Manx Radio News Report dated the 12th February 2025 in its comments concerning bonus payments made to staff in its four Executive Agencies, the public authority is reported to have said that it was granted 'special permission' to use individual contracts outside the standard Public Services Commission structure to attract commercial expertise, particularly in roles requiring business development skills.

Please let me have -

1. a copy or hyperlink to, the "special permission" referred to; and
2. the name of the person who gave the "special permission"; and
3. a copy of or hyperlink to, the legal or other authority, which such person had to give the "special permission".

The Manx Radio News report states also that "The Department said that all remuneration, including bonuses, is assessed against total potential cost and compared to standard public sector contracts".

The information that I require in relation to this aspect of the news report is copies of all the assessments referred to for each member of staff in respect of all remuneration, including bonuses, for each year that such staff received bonuses.

The Manx Radio News report states also that "All payments must be based on pre- agreed objectives, reviewed either by a senior officer or a remuneration panel."

The information I require in relation to this aspect of the news report is a copy, or copies of, or hyperlinks to, the pre-agreed objectives for each member of staff to whom bonuses have been paid for each year that bonuses have been paid, plus copies of the reviews referred to.

The Manx Radio News report states also that "The DfE insisted that all contracts are assessed against total potential cost and weighed against the alternative of a full public service role, which includes pension contributions"

The information I require in relation to this aspect of the news report is copies of the individual assessments and the weighing of the alternative referred to."

Our response to your request is as follows:

“1. a copy or hyperlink to, the "special permission" referred to;”

A copy of the Civil Service (Amendment of Schedule 1) Order 2013 (“the Order”) is provided as requested, together with the explanatory Memo to Tynwald Members which confirmed the rationale for the Department to be able to pay market rates, together with payments for success in business development roles.

“2. the name of the person who gave the "special permission";”

An Order under the Civil Service Act 1990 is an Order made under the authority of the Council of Ministers and approved by Tynwald. The Order can be found here:

https://legislation.gov.im/cms/images/LEGISLATION/SUBORDINATE/2015/2015- 0237/2015-0237_3.pdf

“3. a copy of or hyperlink to, the legal or other authority, which such person had to give the "special permission".”

A copy of the Act is available here:

https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/2015/2015- 0001/2015-0001_2.pdf

“The Manx Radio News report states also that "The Department said that all remuneration, including bonuses, is assessed against total potential cost and compared to standard public sector contracts.

The information that I require in relation to this aspect of the news report is copies of all the assessments referred to for each member of staff in respect of all remuneration, including bonuses, for each year that such staff received bonuses.”

The Department does not hold this information, in a single record, as at various points during a decision to recruit, assessments are made as to the level of remuneration that may be required, the skills that will be required and what the market may be doing with regards to such skills and expertise.

With this a decision as to the terms of offer that might be available will be made. This is an iterative process amongst a number of people but will not generate documentation or information that is retained. In this case, the term Assessment as used in the press statement refers to this iterative process rather than a physical outcome.

“The Manx Radio News report states also that "All payments must be based on pre- agreed objectives, reviewed either by a senior officer or a remuneration panel."

The information I require in relation to this aspect of the news report is a copy, or copies of, or hyperlinks to, the pre-agreed objectives for each member of staff to whom bonuses have been paid for each year that bonuses have been paid, plus copies of the reviews referred to.” The Department after due consideration is engaging an exemption under Section 35 of the Freedom of Information Act 2015 (“the Act”) to this section of the request, the Department considers that the disclosure of an individual’s annual performance review (the assessment referred to in the news article) under the Act should be exempt pursuant to Section 35, which provides for the non-disclosure of information where such disclosure would, or would be likely to, prejudice the conduct of public business.

The Department considers that the publication of such records would interfere with the ability of the Department to conduct business effectively, damage internal administrative processes, and compromise governmental decision-making.

Engagement of an exemption under Section 35(c)

Section 35(c) FOIA 2015 states that information is exempt if its disclosure would, or would be likely to, prejudice the effective conduct of public business.

The test for applying this exemption requires an evaluation of:

a) Whether the withheld information pertains to the conduct of public business. b) Whether disclosure would impede or prejudice internal deliberations and operations, and
c) Whether the public interest in disclosure outweighs the risks to public administration.

Performance reviews are integral to the effective management of public sector employees and are designed to improve efficiency, leadership, and accountability. Disclosure of such reviews would interfere with the internal mechanisms by which public bodies assess and develop senior officials, thereby hindering their ability to manage personnel effectively.

The review process depends on an expectation of confidentiality to ensure:

a) Honest and candid assessments of performance.
b) Meaningful development plans for improvement, and c) An environment where constructive feedback is encouraged.

As release of information through the Act is release of information to the broader public through media sensationism, access to these records would discourage these frank internal discussions, impairing governmental effectiveness and weakening performance evaluation structures.

All public servants, but more particularly senior public servants, play a critical role in policy formation and administrative decision-making. Their performance evaluations often contain:

a) Assessments of their handling of sensitive government initiatives.
b) Internal deliberations about policy implementation challenges, and
c) Confidential strategic discussions related to public administration.

The release of such records is likely to result in unwarranted public scrutiny, leading to:

a) Individuals altering their conduct to manage public perception rather than focusing on effective governance.
b) An erosion of the neutrality and independence expected of public servants; and c) Disruptions in policy continuity and administrative decision-making.

Additionally, disclosure may also cause significant harm by:

a) Undermining public confidence in the internal processes designed to improve senior public service performance.
b) Encouraging selective or politically motivated attacks on individuals based on isolated comments from their performance reviews; and
c) Creating an environment of caution and restraint, where managers and officials are less willing to provide direct, critical assessments that could improve governmental efficiency.

Section 35 of the Act requires that the Department must also balance the public interest in the information against its non-disclosure, whilst transparency is an essential principle of the Act, to provide the public in general, an understanding of how government works, this transparency must be balanced against the need for an effective and functional government.

In this instance, the Department considers that the public interest in disclosure is outweighed by the potential damage by disclosure to:

a) The internal effectiveness of performance evaluations. b) The ability of the Department to function efficiently; and
c) The independence of decision-making in public administration.

The Department considers that given the risks posed to public sector efficiency and governance, Section 35 is appropriately engaged and therefore is withholding the requested information.

In addition to the engagement of a Section 35 exemption, the Department considers that the release of such information would also infringe upon the right to privacy of the individuals concerned, compromise data protection obligations, and unduly expose personal information without sufficient justification. This is particularly relevant in a small jurisdiction where the smaller population size reduces the ability for an individual to retain privacy leading to the potential for intrusive behaviour by sections of the public into the individual’s private life.

Section 25(1) of the Act states that information is exempt if it constitutes personal data, and its disclosure would contravene any of the data protection principles under the Data Protection Act 2018.

The test for applying this exemption requires an evaluation of:

a) Whether the information in question constitutes personal data.
b) Whether disclosure would be lawful, fair, and necessary under data protection laws.
c) Whether the public interest in disclosure outweighs the privacy rights of the individual.

The Department considers that performance reviews and the information contained within them, contain personal data as defined under the Data Protection Act 2018 and the applied GDPR in that they include:

a) Individual assessments of work performance.
b) Details of strengths and areas for improvement.
c) References to specific projects or responsibilities undertaken by the employee; and
d) Comments made by managers and colleagues about the individual’s performance

The Department therefore considers that the disclosure of such evaluations constitutes processing of personal data, which must comply with fairness, lawfulness, and necessity principles under data protection legislation.

The first data protection principle requires that personal data be processed lawfully, fairly, and transparently.

Performance reviews are conducted with an expectation of confidentiality, and disclosure would violate that expectation, leading to:

a) A potential breach of privacy rights under the European Convention on Human Rights (Article 8: Right to Private Life).
b) Potential harm to the employee’s professional reputation and career prospects. And
c) A loss of trust in the performance appraisal process, discouraging candid feedback in future reviews as identified in the engagement of the Section 35 exemption rationale above.

Additionally, disclosing personal performance evaluations without consent would likely be unlawful, as there is no overriding legal basis justifying such processing under the Data Protection Act 2018 and the applied GDPR.

In its consideration of the right to privacy, the Department must also balance the public interest against that right to privacy, whilst the Department considers that there is a legitimate public interest in government transparency, this interest does not override an individual’s right to privacy regarding employment-related evaluations.

The Department therefore considers that the disclosure of any public servant’s individual performance review does not serve a compelling public interest sufficient to justify the breach of personal data protections.

For these reasons the Department considers that it would be appropriate to also engage an exemption under Section 25 of the Act in relation to the requested information.

“The Manx Radio News report states also that "The DfE insisted that all contracts are assessed against total potential cost and weighed against the alternative of a full public service role, which includes pension contributions

The information I require in relation to this aspect of the news report is copies of the individual assessments and the weighing of the alternative referred to.”

The Department does not hold this information in a single record, or sets of records, as explained previously. Please see earlier response for a more detailed explanation.

Please quote the reference number 4446657 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 concernin

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