emergency power legislation 2020

Summary

The applicant requested confirmation regarding 2020 emergency power legislation updates and the legal use of end-of-life drugs like Midazolam on the Isle of Man. The Attorney General's Chambers refused to provide legal advice, citing that the information was not held, but directed the applicant to public legislation websites and specific acts for self-research.

Key Facts

• The request was refused under section 11(3)(a) of the Freedom of Information Act 2015 as the authority does not hold the specific legal advice requested.
• The authority directed the applicant to www.legislation.gov.im for primary and secondary legislation details.
• Midazolam is referenced in the Prescription Only Medicines (Human Use) Regulations 2005.
• Relevant 2020 legislation includes the Emergency Powers Act 1936 and the Courts, Tribunals and Local Authority Procedures, and Miscellaneous Provisions Act 2020.
• Regulations made under the Emergency Powers Act 1936 in 2020 are published by the Clerk of Tynwald on www.tynwald.org.im.

Data Disclosed

• 2020
• January or February of 2020
• 1936
• 2005
• 22 May 2025
• 18 June 2025
• 4684853
• section 11(3)(a)
• s15

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Information not held)

Original Request

Please confirm that a) IOM emergency power legislation was updated in January or February of 2020. b) The updated legislation allowed for the legal use of End of Life Drugs in Healthcare settings upon the IOM. c) The drug Midazolam was one of the above drugs d) Which section of the legislation covers this legal use of end of life drugs e) whether this legislation was brought to Tynwald. f)If not, under which law did it become active , without the approval of Tynwald

Data Tables (1)

Full Response Text

Attorney General's Chambers 2nd floor Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452
E-mail: attgen@gov.im

Our ref: 4684853 18 June 2025

Dear ###

We write further to your request received 22 May 2025, which states:

"Please confirm that

a) IOM emergency power legislation was updated in January or February of 2020.

b) The updated legislation allowed for the legal use of End of Life Drugs in Healthcare settings upon the IOM.

c) The drug Midazolam was one of the above drugs

d) Which section of the legislation covers this legal use of end of life drugs

e) whether this legislation was brought to Tynwald.

f)If not, under which law did it become active , without the approval of Tynwald"

The request seeks advice and/or confirmation of a legal position or provisions of legislation, as such while our aim is to provide information whenever possible, in this instance a practical refusal reason applies under section 11(3)(a) of the Act [the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that the applicant has requested].

In the interests of providing advice and assistance [s15 of the Act], in seeking the information you request, I would confirm that:

1. Legislation in the Isle of Man is published on www.legislation.gov.im. This website contains all primary legislation and some secondary legislation [you will note the information on the landing page sets out what is included], on a consolidated basis. You can find details of legislation and when it was enacted, and if it was amended, by clicking on the ‘table’ logo next to the provision:

Clicking on the table will provide you with a list of the amendments, and the previous versions of the legislation consolidated as at the date of that amendment.

This website also includes previously repealed legislation.

1. The legislation you may wish to review would likely include the following:-

Emergency Powers Act 1936 Courts, Tribunals and Local Authority Procedures, and Miscellaneous Provisions Act 2020

In respect of your mention of midazolam, this is referenced in the Prescription Only Medicines (Human Use) Regulations 2005.

You may also be interested in the following regulations made in 2020:

Emergency Powers (Coronavirus) (Sale or Supply of Medicinal Products and Appliances) Protocol 2020

Emergency Powers (Coronavirus) (Sale or Supply of Medicinal Products and Appliances) Regulations 2020.

1. Regulations and Directions made under the Emergency Powers Act 1936 in 2020 and the years following are published by the Clerk of Tynwald, and are maintained on the www.tynwald.org.im website. You may wish to contact the Clerk of Tynwald for further information.

2. Another matter which may be relevant to your queries is the Assisted Dying Bill – the passage of which is also maintained on the Tynwald website above – see Tynwald - Bills where you can find a copy of the Bill as it completed the passage through the branches.

Please quote the reference number 4684853 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 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.

David Kinrade Head of Crown