Statute enabling removal of an ADS application from annual mailing.

Summary

The requester asked for statutory documentation permitting the arbitrary removal of ADS participants from annual mailings or the refusal of application forms. The Department of Environment, Food and Agriculture refused to provide the documents under Section 20, stating the information is already reasonably accessible via the ADS Farmers' Handbook and the Agricultural Development Scheme 2019 legislation.

Key Facts

• The request was received on 2025-10-09 and responded to on 2025-10-22.
• The authority cited Section 20 of the Freedom of Information Act 2015 to withhold the specific documents.
• The department claims all requested information is available in Chapter 2 of the ADS Farmers' Handbook.
• Officers state they adhere to guidelines ensuring consistent and impartial treatment for every ADS application.
• The relevant legislation is identified as the Agricultural Development Scheme 2019.

Data Disclosed

• 2025-10-09
• 2025-10-22
• 4990701
• Section 20
• Chapter 2
• 2019
• IM4 3AS
• 01624 685854

Exemptions Cited

• Section 20 - Information accessible to applicant by other means

Original Request

All enabling statutory or regulatory documentation under DEFA's possession, custody or control including electronic documentation, permitting a departmental officer or other person to arbitrarily interfere with or remove a previously enrolled ADS participant's name from the annual mailing data list normally sent yearly to Isle of Man Post for distribution by mail to ADS participants. All enabling statutory or regulatory documentation under DEFA's possession, custody or control including electronic documentation, permitting a departmental officer or other person on request by an authorised person to make the request for an ADS application form, where the departmental officer or other person arbitrarily refuse to produce an ADS application form for the person authorised to make the request and where the ADS application form was usually produced annually by DEFA without prior request but was arbitrarily removed from the routine mailing list data by a departmental officer or other person, when the ADS application form would have been usually included in the routine Isle of Man Post mailing list for annual distribution by Isle of Man Post to ADS participants.

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: 4990701 22 October 2025

Dear ###

We write further to your request, received 9 October 2025, which states:

"All enabling statutory or regulatory documentation under DEFA's possession, custody or control including electronic documentation, permitting a departmental officer or other person to arbitrarily interfere with or remove a previously enrolled ADS participant's name from the annual mailing data list normally sent yearly to Isle of Man Post for distribution by mail to ADS participants.

All enabling statutory or regulatory documentation under DEFA's possession, custody or control including electronic documentation, permitting a departmental officer or other person on request by an authorised person to make the request for an ADS application form, where the departmental officer or other person arbitrarily refuse to produce an ADS application form for the person authorised to make the request and where the ADS application form was usually produced annually by DEFA without prior request but was arbitrarily removed from the routine mailing list data by a departmental officer or other person, when the ADS application form would have been usually included in the routine Isle of Man Post mailing list for annual distribution by Isle of Man Post to ADS participants."

Section 20 - Information accessible to applicant by other means
While our aim is to provide information whenever possible, 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, whether free of charge or on payment of a fee.

All of the information that you have requested is available in Chapter 2 – Applications of the ADS Farmers’ Handbook, which can be accessed here: https://www.gov.im/media/1356472/chapter-2-ads-applications-v14-021121.pdf

Please note, to ensure clarity and accuracy, officers adhere to the guidelines documented in the ADS Handbook. Every ADS application undergoes the same rigorous process, ensuring consistent and impartial treatment. For more information, please refer to the ADS handbook.

To offer advice and assistance, the legislation relevant to the ADS can be accessed here: Agricultural Development Scheme 2019

Please quote the reference number 4990701 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