Consultation of charging people to access information that they own

Summary

The requester sought Council papers and meeting extracts regarding the consultation on charging fees for Freedom of Information requests. The Cabinet Office disclosed minutes from July 2024 and February 2025 meetings where the proposal was discussed and agreed in principle, though the response indicates some information was withheld.

Key Facts

• The Council of Ministers agreed in principle to a consultation on introducing fees and cost limits for FOI requests in July 2024.
• Discussions included a proposed starting fee of £10 and support for a 'user pays' principle without fee waivers.
• Concerns were raised that current cost data might under-represent the reality of time spent by staff on FOI requests.
• The revised consultation document was scheduled to be brought back to Council in September 2024.
• A subsequent paper on the consultation plan was noted by Council in February 2025.

Data Disclosed

• £10
• 25th July 2024
• 13th February 2025
• September 2024
• 2017
• Paper: 2024/296
• Paper: 2025/062
• 11:36am
• 2025-04-29
• 2025-05-27

Exemptions Cited

• Collective Responsibility Criterion (Matter of National Importance)

Original Request

Part of the Consultation on the introduction of fees to charge people to access information that they own states - "Council is therefore cognisant and supportive of the fact that all Isle of Man residents have a right to request information from Government and is seeking views on the introduction of a modest sum so as not to inhibit anyone's right to public information." It's pleasing to note the "Council", by which I assume the Consultation is referring to the Council of Ministers, acknowledges that Isle of Man residents have a right to request information from "Government" (emphasis added) which isn't defined in the Consultation and Council acknowledges that they have a right to "public" (emphasis added) information, which is clearly information that the public own. "Council" has clearly therefore, given consideration to this matter, although the proposals put forward in the Consultation appear to be those of "We". The information that I require is - 1. copies of all papers considered by Council on the proposals referred to in the consultation; and 2. extracts from the meeting or meetings of Council at which such consideration was given; and 3. extracts from the meeting or meetings of Council at which Council agreed to introduce the fees referred to; and 4. extracts from the meeting or meetings of Council at which Council agreed to consult with the public on its proposals to charge the public for the information that they own; and 4. who the "We" are who are referred to in the Consultation.

Data Tables (1)

Full Response Text

702/2024 Consultation on the Introduction of Fees and Cost Limits for Freedom of Information Requests
Paper: 2024/296
Meeting date – 25th July 2024

Collective Responsibility Criterion identified by the Cabinet Office: Matter of National Importance

The Executive Director, Policy Development, Ms K Hemsley joined the meeting at 11:36am.

Council considered a paper submitted by the Cabinet Office seeking approval for the proposed consultation on the introduction of fees and cost limits for Freedom of Information requests

In discussion a number of points were raised, in particular:

• the fee range to start at £10; this price point may assist a more positive perception of the principle of charging a fee
• support for the ‘user pays’ principle, therefore not to include provision to waive or reduce fees in certain circumstances
• should other entities be classed as public authorities for the purposes of FOI (such as the Steam Packet Company and the Manx Development Corporation) they will likely face an influx of requests and may need additional staff
• publication of open data can provide information otherwise sought through the FOI system
• a number of specific changes to details in the content of the draft consultation were suggested.

Council considered the cost of responding to FOIs quoted in the consultation document; a concern was raised that the figure may under-represent the reality. Quantifying the cost of dealing with a request needs a qualitative description to reflect the time expended by teams and staff making enquiries and coordinating large requests, which often impacts officers providing essential and/or front-line services.

Ms Hemsley advised Council that the FOI casework system allows for recording of time spend on individual requests, and officers are asked by FOI coordinators to declare the time they have spent. Improving the management of that part of the system to achieve a realistic view of time spent may be required.

Council noted that data in relation to hours spent on FOI requests captured in the system can be viewed as a minimum; all Departments should ensure accurate input to this.

Ms Hemsley noted that the request from Council was to revisit the Consultation on a Cost Limit for Freedom of Information Requests which reported in 2017, and this request had been fulfilled.

Council concurred that the consultation document should state that the introduction of charges is being considered by Government and should set out a range of proposals. The public are to be consulted on the type of regime to progress and to comment on themes.

After consideration Council agreed in principle the proposed consultation on the introduction of fees and cost limits for Freedom of Information Requests, subject to a number of revisions. Council requested that the revised draft consultation document be brought back to Council in September for further consideration.

Action: revise the draft consultation in light of points noted in Council, and submit for Council consideration in September.

0165/2025 Papers for Information – Consultation on Fees and Charges in Respect of Freedom of Information Requests

Paper: 2025/062

Meeting date – 13th February 2025

Collective Responsibility Criterion identified by the Cabinet Office: N/A

Council noted a paper submitted by the Cabinet Office on the plan to consult on fees and cost-limits in respect of freedom of information requests.

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244
Website: www.gov.im/co

Our ref: 4616674 27 May 2025

Dear ###

We write further to your request, received 29 April 2025, which states:

"Part of the Consultation on the introduction of fees to charge people to access information that they own states -

"Council is therefore cognisant and supportive of the fact that all Isle of Man residents have a right to request information from Government and is seeking views on the introduction of a modest sum so as not to inhibit anyone's right to public information."

It's pleasing to note the "Council", by which I assume the Consultation is referring to the Council of Ministers, acknowledges that Isle of Man residents have a right to request information from "Government" (emphasis added) which isn't defined in the Consultation and Council acknowledges that they have a right to "public" (emphasis added) information, which is clearly information that the public own.

"Council" has clearly therefore, given consideration to this matter, although the proposals put forward in the Consultation appear to be those of "We".

The information that I require is -

1. copies of all papers considered by Council on the proposals referred to in the consultation; and

2. extracts from the meeting or meetings of Council at which such consideration was given; and

3. extracts from the meeting or meetings of Council at which Council agreed to introduce the fees referred to; and

4. extracts from the meeting or meetings of Council at which Council agreed to consult with the public on its proposals to charge the public for the information that they own; and

5. who the "We" are who are referred to in the Consultation."

Our response to your request is as follows:
2

1. Copies of all papers considered by Council on the proposals referred to in the consultation; and

While our aim is to provide information whenever possible, in this instance some of the information requested is exempt from disclosure under section 34(b)(1) of the Act as it is held by Cabinet Office and relates to “the formulation or development of Government policy”. As section 34, Formulation of Policy, 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 disclosure: • Disclosure would provide insight into the considerations of Council of Ministers and increase transparency and promote openness

Factors in favour of withholding • The authority needs a safe space in which to develop ideas or make decisions and develop policy including in sensitive areas; disclosure may inhibit future open discussion in similar circumstances; • Provision of a safe space for Ministerial discussion in relation to developing policy; • Preserves a safe space for free and frank deliberation on emerging policy, where consequences, benefits, risks, options, variables and scenarios are explored. Disclosure could inhibit natural, open and iterative discussion of this nature in future.

In taking these factors into account the Cabinet Office determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information

1. Extracts from the meeting or meetings of Council at which such consideration was given; and

In May 2024 the Council of Ministers’ Report on Freedom of Information Act 2015 and Publicly- Owned Companies May 2024 GD 2024/37 signalled Council’s intention to consult on potential fees and cost limits.

Excerpts from the Council of Ministers meetings of 25 July 2024 and 13 February 2025 are attached. Some information which is out of scope of the request is redacted. In addition, further information is published online in the Extract of Proceedings of Council of Ministers. Under Section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you online:

• Extract of Proceedings in the Council of Ministers September 2024, page 5, Update on the Consultation on the Introduction of Fees and Cost Limits for Freedom of Information Requests:
https://www.gov.im/media/1386916/extract-of-proceedings-september- 2024.pdf 3

1. Extracts from the meeting or meetings of Council at which Council agreed to introduce the fees referred to; and

The Cabinet Office does not hold the information requested. This is because Council of Ministers has not yet agreed to introduce fees or costs-limits for freedom of information requests. Any decision will be informed by the outcome of the consultation.

1. Extracts from the meeting or meetings of Council at which Council agreed to consult with the public on its proposals to charge the public for the information that they own; and

This information has been supplied in answer to part 2 above.

1. Who the "We" are who are referred to in the Consultation."

The consultation is being carried out by the Cabinet Office on behalf of the Council of Ministers.

Please quote the reference number 4616674 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. 4 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