Clarification of Ministerial Responsibilities

Summary

The requester sought clarification on Ministerial responsibilities under the Government Departments Act 1987 following a public statement by Minister Michelle Haywood, but the Department of Infrastructure provided only a brief response citing confidentiality and existing briefings rather than the requested documentation.

Key Facts

• The request was made to the Department of Infrastructure regarding the statutory duties of Ministers.
• Minister Michelle Haywood publicly stated that Ministers are there to 'represent' the Department.
• The requester argued that the Government Departments Act 1987 assigns Ministers 'general responsibility for the administration' of their Department.
• The response from Chief Officer Emily Curphey indicated that Ministerial briefings covered the need for confidentiality.
• The outcome was classified as 'Some information sent but part exempt'.

Data Disclosed

• 2025-04-22
• 2025-05-27
• 30
• 3
• 24 November 2024
• 23 November 2024
• 9:30am
• 8am
• 01624 685 161
• Section 35

Exemptions Cited

• Section 35

Original Request

I am submitting this request under the Freedom of Information Act for clarification and supporting documentation relating to the role and responsibilities of Ministers within your Department, as set out by Isle of Man legislation, particularly the Government Departments Act 1987. Recently, Minister Michelle Haywood MHK for Rushen publicly stated on a social media platform that: 'Ministers are there to represent the Department.' Under the Government Departments Act 1987, particularly Sections 1 and 2, Ministers are appointed to be responsible for Departments, not merely to "represent" them. Section 2(1) notably states that "There shall be a member of the Council of Ministers assigned as the Minister for each Department, and he shall be charged with the general responsibility for the administration of that Department." In light of this, I request the following information: A copy of any official guidance, internal or public, issued by the Department or the Cabinet Office outlining the duties and responsibilities of Ministers with regard to their departmental leadership and decision-making authority. Any documented training materials or induction processes provided to Ministers upon taking office, which explain their statutory duties as set out in the Government Departments Act 1987. Any correspondence, internal memo, or briefing provided to Minister Michelle Haywood regarding her role and statutory responsibilities as Minister. Whether there has been any internal assessment, review, or concern raised within the Department or Cabinet Office about Ministers misunderstanding or misrepresenting their role as per Isle of Man legislation. Clarification on whether Ministers are expected to lead Departments according to their judgement and responsibility under law, or merely to 'represent' the Department as if they are spokespersons for civil service decisions. This request is being made to ensure transparency and uphold public accountability, especially where there may be confusion or miscommunication about the constitutional responsibilities of elected Ministers. I would appreciate a response within the time limits set out by the applicable FOI regulations. Please confirm receipt of this request at your earliest convenience.

Data Tables (1)

Full Response Text

I believe your Ministerial briefing with the Chief Executive covered the need for both Ministers and civil servants to respect the confidential nature of the working relationship.   I would be happy to discuss this in more detail if you wish.   Kind regards   Emily     Emily Curphey MRTPI Chief Officer Department of Infrastructure Sea Terminal Building Douglas Isle of Man IM1 2RF   email: emily.curphey@gov.im   Telephone:   01624 685 161       infrastructure_CMYK   P Consider the environment, please don't print this e-mail unless you really need to   DOI Values: Communication; Respect; Teamwork; Recognition; Trust; Customer Service.   Section 35 From: Haywood, Michelle (MHK) To: Mathias, Megan Cc: Ralphs, Andy; Curphey, Emily; Aldred, Joanne Subject: RE: Welcome, Minister Haywood Date: 24 November 2024 08:49:40 Attachments: image001.png Dear Dr Mathias        

Best wishes   Michelle   From: Mathias, Megan Megan.Mathias@gov.im Sent: 23 November 2024 18:47 To: Haywood, Michelle (MHK) Michelle.Haywood@gov.im Cc: Ralphs, Andy Andy.Ralphs@gov.im; Curphey, Emily Emily.Curphey@gov.im; Aldred, Joanne Joanne.Aldred@gov.im Subject: Welcome, Minister Haywood   Section 35 23 November 2024 To: Hon Dr Michelle Haywood MHK, Minister for Infrastructure   Dear Minister,   May I say a warm congratulations on your appointment. Welcome to the Council of Ministers, and I look forward to working with you over the coming months and years.   I write on behalf of the Chief Executive (who is on a well-earned holiday) to provide you with some initial information and materials which I hope will be helpful as you settle into your new role.   1. As I believe you are aware, the next Council of Ministers meeting is on Monday morning at 9:30am. You should now have received a calendar invitation, access to Boardpapers, and in case you have any practical difficulties with Boardpapers, a copy of the information pack for this Monday too.   2. On the Chief Minister’s instruction, all new political appointments are being kept confidential until public and internal staff announcements at 8am on Monday morning. Your Chief Officer, Emily Curphey, is of course aware and is happy to be contacted before then should you wish to discuss anything in advance of the Monday morning meeting. Emily’s personal phone number is the best way to reach here out of hours and is . (She is also copied here). The DOI team will of course be organising full briefings for you next week too.   3. You will find here a link to the Isle of Man Government Code, which provides wide- ranging information for politicians and officers. I draw your attention most immediately to the opening chapter on the Council of Ministers, which deals with meetings, functions, process and protocol, and the Ministerial Code which follows, including the Seven Principles of Public Life.  The Code is not a rule book, of course; it may be more helpful to see it as a play book - an essential and unique user manual. The role of minister comes with no job description, but many topics and issues relevant to the role are discussed in detail and accordingly it can be an important reference throughout a ministerial career.   Finally, I want to let you know that alongside your introductory departmental briefings, the Chief Executive will be arranging an induction briefing for each incoming minister in the coming days.   I hope this email is of assistance, on a blustery November evening! Please of course revert with any feedback or queries, at any time. May I congratulate you once again on your appointment.   Warm regards, Megan   Dr Megan Mathias Chief Operating Officer - Cabinet Office   Cabinet Office l Isle of Man Government l 3rd Floor Government Office l Bucks Road l Douglas l Isle of Man l IM1 3PN l https://www.gov.im megan.mathias@gov.im | 07961 108323     Please note: owing to the way that I organise my work, I may send emails at unsocial hours. There is no expectation that you respond at those times. (I will make it clear if a matter is urgent.)   From: Haywood, Michelle (MHK) To: Subject: FW: Welcome, Minister Haywood Date: 22 May 2025 15:56:54 Attachments: image001.png image001.png     From: Haywood, Michelle (MHK) Sent: 22 May 2025 11:43 To: DPO - Department of Infrastructure DPO-DOI@gov.im Subject: FW: Welcome, Minister Haywood       From: Mathias, Megan Megan.Mathias@gov.im Sent: 24 November 2024 09:30 To: Haywood, Michelle (MHK) Michelle.Haywood@gov.im Cc: Ralphs, Andy Andy.Ralphs@gov.im; Curphey, Emily Emily.Curphey@gov.im; Aldred, Joanne Joanne.Aldred@gov.im Subject: Re: Welcome, Minister Haywood   Good morning    Just to respond on your specific question re the 21st. There was a short COMIN in the lunch break - necessary to agree Council business for December Tynwald. Some non urgent items are however carried forward to this week.   Please be assured that you are not expected to review the ‘archive’ in its entirety! There is simply a standard presumption it should be available to new Ministers.   In terms of how briefings will work; we will provide one centrally covering Council and your department will cover the rest.    Warmest  Megan 

Sent from Workspace ONE Boxer On 24 November 2024 at 08:49:39 GMT, Haywood, Michelle (MHK) Michelle.Haywood@gov.im wrote:        

From: Mathias, Megan Megan.Mathias@gov.im Sent: 23 November 2024 18:47 To: Haywood, Michelle (MHK) Michelle.Haywood@gov.im Cc: Ralphs, Andy Andy.Ralphs@gov.im; Curphey, Emily Emily.Curphey@gov.im; Aldred, Joanne Joanne.Aldred@gov.im Subject: Welcome, Minister Haywood   23 November 2024 To: Hon Dr Michelle Haywood MHK, Minister for Infrastructure   Section 35 Dear Minister,   May I say a warm congratulations on your appointment. Welcome to the Council of Ministers, and I look forward to working with you over the coming months and years.   I write on behalf of the Chief Executive (who is on a well-earned holiday) to provide you with some initial information and materials which I hope will be helpful as you settle into your new role.   1. As I believe you are aware, the next Council of Ministers meeting is on Monday morning at 9:30am. You should now have received a calendar invitation, access to Boardpapers, and in case you have any practical difficulties with Boardpapers, a copy of the information pack for this Monday too.   2. On the Chief Minister’s instruction, all new political appointments are being kept confidential until public and internal staff announcements at 8am on Monday morning. Your Chief Officer, Emily Curphey, is of course aware and is happy to be contacted before then should you wish to discuss anything in advance of the Monday morning meeting. Emily’s personal phone number is the best way to reach here out of hours and is . (She is also copied here). The DOI team will of course be organising full briefings for you next week too.   3. You will find here a link to the Isle of Man Government Code, which provides wide-ranging information for politicians and officers. I draw your attention most immediately to the opening chapter on the Council of Ministers, which deals with meetings, functions, process and protocol, and the Ministerial Code which follows, including the Seven Principles of Public Life.  The Code is not a rule book, of course; it may be more helpful to see it as a play book - an essential and unique user manual. The role of minister comes with no job description, but many topics and issues relevant to the role are discussed in detail and accordingly it can be an important reference throughout a ministerial career.   Finally, I want to let you know that alongside your introductory departmental briefings, the Chief Executive will be arranging an induction briefing for each incoming minister in the coming days.   I hope this email is of assistance, on a blustery November evening! Please of course revert with any feedback or queries, at any time. May I congratulate you once again on your appointment.   Warm regards, Megan   Dr Megan Mathias Chief Operating Officer - Cabinet Office   Cabinet Office l Isle of Man Government l 3rd Floor Government Office l Bucks Road l Douglas l Isle of Man l IM1 3PN l https://www.gov.im megan.mathias@gov.im | 07961 108323     Please note: owing to the way that I organise my work, I may send emails at unsocial hours. There is no expectation that you respond at those times. (I will make it clear if a matter is urgent.)   From: Haywood, Michelle (MHK) To: Subject: FW: Welcome, Minister Haywood Date: 22 May 2025 15:56:54 Attachments: image001.png image001.png     From: Haywood, Michelle (MHK) Sent: 22 May 2025 11:43 To: DPO - Department of Infrastructure DPO-DOI@gov.im Subject: FW: Welcome, Minister Haywood       From: Mathias, Megan Megan.Mathias@gov.im Sent: 24 November 2024 09:30 To: Haywood, Michelle (MHK) Michelle.Haywood@gov.im Cc: Ralphs, Andy Andy.Ralphs@gov.im; Curphey, Emily Emily.Curphey@gov.im; Aldred, Joanne Joanne.Aldred@gov.im Subject: Re: Welcome, Minister Haywood   Good morning    Just to respond on your specific question re the 21st. There was a short COMIN in the lunch break - necessary to agree Council business for December Tynwald. Some non urgent items are however carried forward to this week.   Please be assured that you are not expected to review the ‘archive’ in its entirety! There is simply a standard presumption it should be available to new Ministers.   In terms of how briefings will work; we will provide one centrally covering Council and your department will cover the rest.    Warmest  Megan 

Sent from Workspace ONE Boxer On 24 November 2024 at 08:49:39 GMT, Haywood, Michelle (MHK) Michelle.Haywood@gov.im wrote: Dear Dr Mathias        

Michelle   From: Mathias, Megan Megan.Mathias@gov.im Sent: 23 November 2024 18:47 To: Haywood, Michelle (MHK) Michelle.Haywood@gov.im Cc: Ralphs, Andy Andy.Ralphs@gov.im; Curphey, Emily Emily.Curphey@gov.im; Aldred, Joanne Joanne.Aldred@gov.im Subject: Welcome, Minister Haywood   23 November 2024 To: Hon Dr Michelle Haywood MHK, Minister for Infrastructure   Section 35 Dear Minister,   May I say a warm congratulations on your appointment. Welcome to the Council of Ministers, and I look forward to working with you over the coming months and years.   I write on behalf of the Chief Executive (who is on a well-earned holiday) to provide you with some initial information and materials which I hope will be helpful as you settle into your new role.   1. As I believe you are aware, the next Council of Ministers meeting is on Monday morning at 9:30am. You should now have received a calendar invitation, access to Boardpapers, and in case you have any practical difficulties with Boardpapers, a copy of the information pack for this Monday too.   2. On the Chief Minister’s instruction, all new political appointments are being kept confidential until public and internal staff announcements at 8am on Monday morning. Your Chief Officer, Emily Curphey, is of course aware and is happy to be contacted before then should you wish to discuss anything in advance of the Monday morning meeting. Emily’s personal phone number is the best way to reach here out of hours and is . (She is also copied here). The DOI team will of course be organising full briefings for you next week too.   3. You will find here a link to the Isle of Man Government Code, which provides wide-ranging information for politicians and officers. I draw your attention most immediately to the opening chapter on the Council of Ministers, which deals with meetings, functions, process and protocol, and the Ministerial Code which follows, including the Seven Principles of Public Life.  The Code is not a rule book, of course; it may be more helpful to see it as a play book - an essential and unique user manual. The role of minister comes with no job description, but many topics and issues relevant to the role are discussed in detail and accordingly it can be an important reference throughout a ministerial career.   Finally, I want to let you know that alongside your introductory departmental briefings, the Chief Executive will be arranging an induction briefing for each incoming minister in the coming days.   I hope this email is of assistance, on a blustery November evening! Please of course revert with any feedback or queries, at any time. May I congratulate you once again on your appointment.   Warm regards, Megan   Dr Megan Mathias Chief Operating Officer - Cabinet Office   Cabinet Office l Isle of Man Government l 3rd Floor Government Office l Bucks Road l Douglas l Isle of Man l IM1 3PN l https://www.gov.im megan.mathias@gov.im | 07961 108323     Please note: owing to the way that I organise my work, I may send emails at unsocial hours. There is no expectation that you respond at those times. (I will make it clear if a matter is urgent.)

Government Code – New Minister Briefing i. The Council of Ministers ii. Ministerial Code iii. Members of Departments iv. Ministers and Civil Servants – Duties and Responsibilities v. The Civil Service Code vi. Members of Statutory Boards\Statutory Bodies Council of Ministers Weekly meeting schedule Business i. Statutory Functions ii. Governor in Council functions iii. Advice to the Governor iv. Determining Policy and Priorities v. External Relations vi. Resolving difficulties between Depts Ministerial Code Ministers are expected to behave according to the highest standards of constitutional and personal conduct in the performance of their duties The Code provides guidance to Ministers on how they should act in order to uphold these standards Ministers are personally responsible for deciding how to act and conduct themselves in the light of the Code and for justifying their actions and conduct in Tynwald Ministers have overarching duty to comply with the law, including international obligations, to uphold the administration of justice and to protect the integrity of public life Ministers are expected to observe the Seven Principles of Public Life Ministerial Code – Standards of Conduct What the Code is Set of standards of behaviour and conduct To be read against the overarching duty to comply with the law Guidance on constituency, private and financial interests Details duties to Council, Tynwald and Departments What the Code is not Rule book Law Prescriptive Covers every eventuality The Council of Ministers Collective responsibility (as revised) applies to all matters including: • Policy decisions on matters of national importance • Statement of Intent • Programme for Government (Island Plan) • Annual Budget The Council of Ministers Collective responsibility requires that Ministers should be: – Able to express views frankly and freely within the CoMin Chamber Where it applies, collective responsibility has the following features: – If spoken against a proposa

[Response truncated — full text is 24,779 characters]