MHK Statement

Summary

The request sought communications regarding a Manx Care statement accusing MHK Julie Edge of making incorrect claims about a Code Red incident at Noble's Hospital. The authority released internal emails showing Minister Claire Christian did not authorize the specific comments about Ms Edge, while redacting personal data and conduct-related information.

Key Facts

• Minister Claire Christian explicitly stated she did not authorize the comments regarding Ms Julie Edge.
• The disputed statement accused Ms Edge of making 'sweeping and factually incorrect' assertions during the Budget Debate.
• The incident concerned an apparent Code Red issue at Noble's Hospital over the weekend of 15/16 February 2025.
• The press statement was approved for Manx Care channels and published on their Facebook page.
• The Minister instructed staff that any emails sent to MHKs could enter the public domain.

Data Disclosed

• 19 February 2025
• 15/16 February 2025
• 18th February 2025
• 10 pages
• 2 documents

Exemptions Cited

• S.25 - Personal Data
• S.35(c) - Conduct of Public Business
• S.35(a) - Conduct of Public Business

Original Request

I seek the publication of internal and external written communications relating to the publication of Manx Care's statement which accused Onchan MHK Julie Edge of making 'sweeping and factually incorrect' statements regarding an apparent code red issue at Noble's Hospital.

Data Tables (2)

Full Response Text

1 Kennedy, Matthew From: Teare, Pam Sent: 19 February 2025 15:42 To: Christian, Claire Cc: Richardson, Paul (DHSC) Subject: RE: Code Red Response Afternoon Minister,

The statement was approved by for Manx Care channels.

Thanks Pam

From: Christian, Claire Claire.Christian@gov.im
Sent: 19 February 2025 15:30 To: Teare, Pam Pam.Teare@gov.im Cc: ; Richardson, Paul (DHSC) Paul.Richardson2@gov.im Subject: Re: Code Red Response

Pam, I did not authorise the comments about ms edge.

We must rise above personal statements like this.

“Ms Julie Edge made some sweeping and factually incorrect statements in Tynwald in which she asserted that during the weekend of 15/16 February 2025”

Who authorised this?

Best Wishes

Claire

Claire Christian BA ( Hons) MHK

Member of the House of Keys - Douglas South Minister for the Department of Health and Social Care Member of the Standing Orders of Tynwald Committee Member of the Housing and Communities Board Member of the Sub Committee on Justice Member of the Health Learning and Social Policy Board Member of the Commonwealth Parliamentary Association

Legislative Buildings S.25 - Personal Data S.25 - Personal Data S.35(c) - Conduct o S.25 - Personal Data 2 Finch Road Douglas Isle of Man IM1 3PW British Isles

Office Tel: +44 (0)1624 686166 Mobile: +44 (0)7624 209800 Claire.christian@gov.im Twitter: @Claire4MHK Facebook: https//www.facebook.com/clairechristianmhkdouglassouth Instagram: Claire_christian_mhk www.tynwald.org.im

Please click the below link for privacy statement which can be found on the Tynwald website.

https://www.tynwald.org.im/memoff/member/Documents/ChristianCSB-Privacy-Policy.aspx

To help protect your privacy, Micro so ft Office prevented auto matic
download of this picture
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WARNING: This email message and any files transmitted with it are confidential and may be subject to legal privilege. You must not copy or deliver it to any other person or use the contents in any unauthorised manner without the express permission of the sender. If you are not the intended addressee of this e-mail, please delete it and notify the sender as soon as possible.

No employee or agent is authorised to conclude any binding agreement on behalf of any of the Departments or Statutory Boards of the Isle of Man Government with any party by e-mail without express written confirmation by a Manager of the relevant Department or Statutory Board.

RAAUE: S’preevaadjagh yn çhaghteraght post-l shoh chammah’s coadanyn erbee currit marish as ta shoh coadit ec y leigh. Cha nhegin diu coipal ny cur eh da peiagh erbee elley ny ymmydey yn chooid t’ayn er aght erbee dyn kied leayr veih’n choyrtagh. Mannagh nee shiu yn enmyssagh kiarit jeh’n phost-l shoh, doll-shiu magh eh, my sailliu, as cur-shiu fys da’n choyrtagh cha leah as oddys shiu.

Cha nel kied currit da failleydagh ny jantagh erbee conaant y yannoo rish peiagh ny possan erbee lesh post-l er son Rheynn ny Boayrd Slattyssagh erbee jeh Reiltys Ellan Vannin dyn co-niartaghey scruit leayr veih Reireyder y Rheynn ny Boayrd Slattyssagh t’eh bentyn rish.

On 19 Feb 2025, at 15:22, Teare, Pam Pam.Teare@gov.im wrote:

Hi Minister,

The press statement was the information emailed to you earlier by , the statement is also already online on the manx care facebook:

https://www.facebook.com/ManxCare
S.25 - Personal Data 3

As this is all now publicly available, I’m not sure if you would want to send a letter to members, or just make them aware that MXC have responded?

Thanks Pam

From: Christian, Claire Claire.Christian@gov.im
Sent: 19 February 2025 15:12 To:

Cc: Teare, Pam Pam.Teare@gov.im Subject: Code Red Response

That is great.

What will go out in a press statement?

We should write an introductory email. And then Manx Care should put the below on Manx care headed paper on a pdf as an attachment

Our email should read…something along the lines of Dear Mr President, Mr Speaker, hon members etc…. (Check with someone on proper who to).

In response to the concerns raised yesterday 18th February 2025 by Honourable Member Ms Edge during the Budget Debate, I request for an investigation to be undertaken by Manx Care, and I can now provide some key information and the findings from the investigation.

Please see attached.

Their response should read should “if there are any further questions in relation to this please do not hesitate to contact…..

Check the above Manx care.

PLEASE NOTE WHAT EVER WE SEND TO MHKS COULD GO IN THE PUBLIC DOMAIN - so expect that.

Best Wishes

Claire

Claire Christian BA ( Hons) MHK

Member of the House of Keys - Douglas South Minister for the Department of Health and Social Care Member of the Standing Orders of Tynwald Committee Member of the Housing and Communities Board S.25 - Personal Data S.35(a) - Conduct of Public Business 4 Member of the Sub Committee on Justice Member of the Health Learning and Social Policy Board Member of the Commonwealth Parliamentary Association

Legislative Buildings Finch Road Douglas Isle of Man IM1 3PW British Isles

Office Tel: +44 (0)1624 686166 Mobile: +44 (0)7624 209800 Claire.christian@gov.im Twitter: @Claire4MHK Facebook: https//www.facebook.com/clairechristianmhkdouglassouth Instagram: Claire_christian_mhk www.tynwald.org.im

Please click the below link for privacy statement which can be found on the Tynwald website.

https://www.tynwald.org.im/memoff/member/Documents/ChristianCSB-Privacy- Policy.aspx

To help protect your privacy, Micro so ft Office prevented auto matic
download of this picture
from the
Internet.

WARNING: This email message and any files transmitted with it are confidential and may be subject to legal privilege. You must not copy or deliver it to any other person or use the contents in any unauthorised manner without the express permission of the sender. If you are not the intended addressee of this e-mail, please delete it and notify the sender as soon as possible.

No employee or agent is authorised to conclude any binding agreement on behalf of any of the Departments or Statutory Boards of the Isle of Man Government with any party by e-mail without express written confirmation by a Manager of the relevant Department or Statutory Board.

RAAUE: S’preevaadjagh yn çhaghteraght post-l shoh chammah’s coadanyn erbee currit marish as ta shoh coadit ec y leigh. Cha nhegin diu coipal ny cur eh da peiagh erbee elley ny ymmydey yn chooid t’ayn er aght erbee dyn kied leayr veih’n choyrtagh. Mannagh nee shiu yn enmyssagh kiarit jeh’n phost-l shoh, doll-shiu magh eh, my sailliu, as cur-shiu fys da’n choyrtagh cha leah as oddys shiu.

Cha nel kied currit da failleydagh ny jantagh erbee conaant y yannoo rish peiagh ny possan erbee lesh post-l er son Rheynn ny Boayrd Slattyssagh erbee jeh Reiltys Ellan Vannin dyn co-niartaghey scruit leayr veih Reireyder y Rheynn ny Boayrd Slattyssagh t’eh bentyn rish. 5 On 19 Feb 2025, at 12:56, wrote: Hi Minister Please see below which has now been approved to send to you.
Let me know how you want me to share this – Just to Ministers or to all Tynwald? Kind regards S.25 - Personal Data S.25 - Personal Data

Chief Officer: Paul Richardson Freedom of Information Team First Floor Belgravia House Circular Road Douglas IM1 1AE

Our ref: 4474993 28 March 2025

Dear ###

We write further to your request, received 25 February 2025, which states:

"I seek the publication of internal and external written communications relating to the publication of Manx Care's statement which accused Onchan MHK Julie Edge of making 'sweeping and factually incorrect' statements regarding an apparent code red issue at Noble's Hospital."

Our response to your request is as follows: I have enclosed copies of the information.

Section 25 (personal data)

While our aim is to provide information whenever possible, some of the information you have requested constitute personal data of which you are not the data subject, and deemed ‘absolutely exempt’ from disclosure under section 25(2) of the Freedom of Information Act 2015 (the “Act”).

This exemption has been engaged as we are not required to provide information where its disclosure would constitute a breach of the Isle of Man’s Data Protection Act 2018, or its subordinate legislation, in particular the Data Protection (application of GDPR) Order 2018 (the “applied GDPR”).

Personal data is defined in Article 4 of the applied GDPR as;

“any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”

The types of information identified for redaction throughout the documents disclosed includes names (and other reasonable identifiers, direct or indirect), which identify an individual or reveal their personal opinions/beliefs, as the Department of Health & Social Care (the “Department”) is satisfied that;

• the information amounts to personal data of which you are not the data subject; and;

• disclosure of the information would contravene one of the data protection principles as set out at Article 5 of Applied GDPR, namely that the Department can only disclose information where it would be lawful and fair to do so.

In this case, those conditions have not been met.

These redactions have been applied to the identities of junior officers (i.e. officers at the grade Executive Officer (“EO”) or below), employed by the Department, or any other public authority of the Isle of Man Government or those who had no impact on discussions or decisions made, as it would not be fair to those individuals.

For transparency, senior officers (i.e. officers at the grade Higher Executive Officer (“HEO”) and above, officers who have made their information manifestly available to the public, or those who have had a direct impact in discussions/decision making have been included in our disclosure.

Section 35(b)(i) (conduct of public business)

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would be likely to inhibit the free and frank provision of advice.

The nature of the exempted information relates to the giving and receiving of advice between the Department and staff from another public authority, regarding the public statement issued by Manx Care. Disclosure of this information may prejudice the individual’s ability to provide free and frank advice, inhibiting future provision of advice in this context.

As section 35 is a qualified exemption, it is subject to a public interest test. The public interest must be of serious concern and benefit to the public at large.

Factors in favour of disclosure

• The topic has been raised by a member of Tynwald during a sitting.

• Open policy making will increase trust in Government.

• Informing public debate on important matters.

Factors in favour of withholding

• Disclosure would be likely to inhibit the ability of public authority staff and others to express themselves openly, honestly and completely, or to explore extreme options, when providing advice or giving their views as part of the process of deliberation. Disclosing such information could therefore impair the quality of decision making by the public authority. It may also impair the subsequent record keeping of advice (the “chilling effect”).

• Disclosure would force staff to decide between providing the Dept. with clear and truthful advice or having opinions (both professional and personal) under review by persons that may not agree or have ill intentions.

• The authority needs a “safe space” in which to develop ideas or make decisions and disclosure may prejudice this and/or interfere with or distract from the processing any other way, or would prejudice or undermine the decision itself, rather that the frankness of the discussions specifically. (Note, that this is time specific and will likely only be relevant until a decision has been made, or not long thereafter).

• There is currently an investigation around this topic underway in another public authority and disclosure may prejudice the outcome.

Section 35(c) (conduct of public business)

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would otherwise prejudice the effective conduct of public business.

The nature of the exempted information relates to an ongoing investigation by Manx care, disclosure of this information by the Department would likely prejudice the effectiveness of this investigation and hence prejudice the effective conduct of public business.

As section 35 is a qualified exemption, it is subject to a public interest test. The public interest must be of serious concern and benefit to the public at large.

Factors in favour of disclosure

• There is a clear public interest in the work of the DHSC and Manx Care being closely examined to encourage the discharging of public functions in the most efficient and effective way.

• Disclosure of the information would support transparency and promote openness and accountability to the general public.

• Allow for scrutiny of the DHSC and Manx Care in relation to the process involved in making this public statement.

Factors in favour of withholding

• Disclosing the information would likely prejudice the investigation into this matter.

• The timing of the request is that an investigation regarding this matter is ongoing, and conclusions will not be drawn until the investigation is completed.

• It would likely undermine the effectiveness of the investigation process, in terms of the ability to be impartial, establish the facts, identify relevant evidence and draw conclusions.

• Confidentiality during an investigation is of the utmost importance to maintain the integrity of the evidence.

• Public speculation and commentary on the documents could affect their evaluation and assessment, potentially prejudicing the investigation's outcome or fostering a perception of unfairness or bias.

• The information in isolation could be misinterpreted at this time and is not likely to inform public understanding i

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