Consultation on proposed amendments to the Local Government Act 1985

Summary

The requester asked for all submissions regarding amendments to the Local Government Act 1985 embodied in the 2023 Bill. The Department of Infrastructure disclosed that no submissions were received from local authorities in summer 2025 but withheld a report on earlier consultations under a policy formulation exemption.

Key Facts

• The Department of Infrastructure received no submissions from local authorities in summer 2025 prior to the Legislative Council evidence session.
• A large number of submissions were received earlier in 2025 regarding New Clause 2 proposed by MHK Lawrie Hooper.
• A report was prepared in response to the earlier submissions and sent to all Local Authorities.
• The Department determined that the public interest in withholding the report outweighed the interest in disclosure.
• The Bill is currently proceeding to the Clauses stage in the Legislative Council.

Data Disclosed

• 2025-10-28
• 2025-11-21
• 5034450
• January – February 2025
• New Clause 1
• New Clause 2
• New Clause 3
• Clause 5
• section 34

Exemptions Cited

• Section 34 of the Act (formulation or development of government policy)

Original Request

Please let me have a copies of, or hyperlinks to, all submissions made by all local authorities and any other persons, on proposed amendments to the Local Government Act 1985, which have now been embodied in the Local Government (Amendment) Bill 2023.

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 5034450 20 November 2025

Dear ###

We write further to your request, received 28 October 2025, which states:

"Please let me have a copies of, or hyperlinks to, all submissions made by all local authorities and any other persons, on proposed amendments to the Local Government Act 1985, which have now been embodied in the Local Government (Amendment) Bill 2023."

Our response to your request is as follows: I have detailed below the information.

The Public Authority have understood the request to relate to submissions made following the introduction of the Local Government (Amendment) Bill 2023 into the branches, and to the changes arising from that stage onward. Firstly, the Department have not been made aware of any other submissions from local authorities over the summer of 2025 in advance of Legislative Council evidence session therefore the only submissions that we are aware of are those provided to us by legislative council members which are the same ones on the Order Paper referred to. spfile We do not have any other submissions. Perhaps the Clerk of Tynwald’s Office are aware of other submissions.

Earlier in 2025 (January – February 2025) amendments to the Amendment Bill were brought to the House of Keys by a backbench MHK, Mr Lawrie Hooper (who is now currently a Member of the Department but wasn’t at the time) these amendments were called New Clause 1 , New Clause 2 and New Clause 3, only New Clause 1 (as amended) was incorporated into the current version of the Bill as Clause 5. After the House of Keys session in February 2025, the Department consulted on New Clause 2 and we received a large number of submissions. A report was prepared in response to that and sent to all the LAs.

This Bill continues to wind its way through the parliamentary process. The next stage due to take place being the Clauses stage in the Legislative Council.

While our aim is to provide information whenever possible, in this instance some of the information is exempt from disclosure under section 34 of the Act as it is held by the Department of Infrastructure and it relates to the formulation or development of government policy.

As section 34 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 • Transparency and Accountability
Disclosure would promote transparency around the consultation process between public bodies. It would enable the public to understand how decisions are informed and ensure that public authorities are held accountable for the rationale behind their actions.

• Public Participation
Making consultation material available could support informed public debate and allow stakeholders to participate meaningfully in discussions relating to policy, planning or service delivery.

• Trust and Confidence
Providing visibility of how public authorities cooperate and develop policy may reinforce public trust in local government and the decision-making process.

Factors in favour of withholding • Preserving a Safe Space for Policy Development
The consultation and subsequent report form part of an ongoing or recently completed internal policy-making process. Disclosure at this stage could inhibit the ability of officials and local authority officers to freely and frankly exchange views, thereby undermining the quality and effectiveness of future policy development.

• Chilling Effect on Future Consultations
Releasing these documents could limit the willingness of local authorities and other stakeholders to engage candidly in future consultations. This may lead to less comprehensive evidence gathering and poorer-quality policy outcomes.

• Prejudice to Inter-Authority Working Relations
The documents contain material shared in confidence as part of collaborative working between the authorities. Disclosure could damage working relationships and reduce willingness to share information openly in the future, which is contrary to the public interest.

• Risk of Misinterpretation
Consultation material and draft assessments may represent early thinking or positions that are subject to change. Disclosure could lead to misunderstanding of the policy direction or cause confusion about provisional advice that has not been finalised.

In taking these factors into account the Department of Infrastructure determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 5034450 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.