Advice given to DEFA by the AG's Office regarding Charlie the XLB type

Summary

A request was made for legal advice correspondence between DEFA and the Attorney General's Office regarding the euthanasia of a dog named Charlie. The authority withheld all information, citing legal professional privilege as the exemption.

Key Facts

• The request concerned legal advice on whether euthanasia of 'Charlie', an American XL Bulldog type, was a legal requirement.
• The Department of Environment, Food and Agriculture (DEFA) confirmed holding the information but refused to disclose it.
• The refusal was based on Section 40 of the Freedom of Information Act 2015 regarding legal professional privilege.
• DEFA determined that the public interest in maintaining frankness between lawyer and client outweighed the interest in transparency.
• The requester was informed of their right to an internal review and subsequent appeal to the Information Commissioner.

Data Disclosed

• 4701762
• 2025-06-02
• 2025-06-10
• 1/1/25
• 30/4/25
• Section 40
• Freedom of Information Act 2015

Exemptions Cited

• Section 40: Legal professional privilege

Original Request

Correspondence between DEFA and the Attorney General's Office relating to Charlie, the American XL Bulldog type. Specifically, the legal advice that the AG provided regarding the euthanasia of the dog, and whether this was a legal requirement. This correspondence will have taken place between 1/1/25 and 30/4/25.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 4701762 10 June 2025

Dear ###

We write further to your request, received 2 June 2025, which states:

"Correspondence between DEFA and the Attorney General's Office relating to Charlie, the American XL Bulldog type. Specifically, the legal advice that the AG provided regarding the euthanasia of the dog, and whether this was a legal requirement. This correspondence will have taken place between 1/1/25 and 30/4/25."

Section 40, Legal professional privilege While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 40 of the Act as it is information in respect of which a claim to legal professions privilege could be maintained in legal proceedings.

As section 40 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. The matters which were considered in applying the public interest test are as follows:

Factors in favour of disclosure • Accountability, transparency and furthering public debate
• Information available to the public states that the decision followed legal process guided by legislation

Factors in favour of withholding • Ensuring frankness between lawyer and client to serve the wider administration of justice
• Decisions by public authorities must be taken in a fully informed legal context
• Without comprehensive advice, decision making may be compromised
• Public authorities require legal advice for the effective performance of their operations and that advice must be given by lawyers who are fully appraised of the factual background
• Disclosure of legal advice may prejudice an authority in future litigation

In taking these factors into account the Department of Environment, Food and Agriculture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 4701762 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.

Yours sincerely