Chief Minister's speech to the BIC in Guernsey last week

Summary

The requester sought a copy of the Chief Minister's speech or speaking notes regarding the EU Withdrawal Bill and financial crime from a British-Irish Council summit in Guernsey. The Cabinet Office responded that no pre-prepared speech or presentation was delivered, providing links to the relevant press release and official summit communique instead.

Key Facts

• The request was received on 12 July 2018 regarding a meeting held in June 2018.
• The Chief Minister, Howard Quayle, did not deliver a pre-prepared speech or presentation at the summit.
• The Cabinet Office issued a press release on 22 June 2018 covering the summit topics.
• An official communique for the Thirtieth Summit is available via the BIC Secretariat.
• Discussion topics included Brexit developments and action to tackle marine litter.

Data Disclosed

• 12 July 2018
• 22 June 2018
• 24 June 2018
• Thirtieth Summit
• 514137

Original Request

I would like to see a copy of the Chief Minister's speech to the British Irish Council in Guernsey last week Thank you for your e-mail below. I refer to the following press article which appeared on the Manx Radio website on Sunday, June 24th, 2018 at 8:39 British-Irish Council brings together ministers Ministers have been meeting to discuss plastic in the oceans at the latest British-Irish Council meeting in Guernsey. Howard Quayle joined Irish Prime Minister Leo Varadkar, Scottish First Minister Nicola Sturgeon, and UK Cabinet Office minister David Lidington MP at the summit. DEFA minister Geoffrey Boot was also there, heralding the work of Beach Buddies and the Island as a whole in attaining UNESCO Biosphere status. Mr Quayle spoke at length about the Island's upcoming EU Withdrawal Bill, and his administration's efforts to stamp out financial crime. It was also the first meeting with Jersey's new Chief Minister John Le Fondré. Mr Quayle said discussions were 'very productive', and furthered what he called an 'excellent working relationship' between the island nations. I am interested to read what Mr Quayle had to say in reference to: Mr Quayle spoke at length about the Island's upcoming EU Withdrawal Bill, and his administration's efforts to stamp out financial crime. If Mr Quayle did in fact speak at length, presumably this would have been from a prepared brief from your office and in this context, it would have been a speech, speaking notes or presentation. I also presume that the above article will have been based on a News Release from the Cabinet Office. It is this speech, speaking notes or presentation that I would like a copy of under my Freedom of Information Act application.

Data Tables (1)

Full Response Text

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

Our ref: 514137 31 July 2018

Dear ###

We write further to your request which was received on 12 July 2018 which states:

"I would like to see a copy of the Chief Minister's speech to the British Irish Council in Guernsey last week” Further clarification was sought as to what you meant by ‘speech’. Your reply is below: ““I refer to the following press article which appeared on the Manx Radio website on Sunday, June 24th, 2018 at 8:39 British-Irish Council brings together ministers Ministers have been meeting to discuss plastic in the oceans at the latest British-Irish Council meeting in Guernsey. Howard Quayle joined Irish Prime Minister Leo Varadkar, Scottish First Minister Nicola Sturgeon, and UK Cabinet Office minister David Lidington MP at the summit. DEFA minister Geoffrey Boot was also there, heralding the work of Beach Buddies and the Island as a whole in attaining UNESCO Biosphere status. Mr Quayle spoke at length about the Island's upcoming EU Withdrawal Bill, and his administration's efforts to stamp out financial crime. It was also the first meeting with Jersey's new Chief Minister John Le Fondré. Mr Quayle said discussions were 'very productive', and furthered what he called an 'excellent working relationship' between the island nations. I am interested to read what Mr Quayle had to say in reference to: Mr Quayle spoke at length about the Island's upcoming EU Withdrawal Bill, and his administration's efforts to stamp out financial crime. If Mr Quayle did in fact speak at length, presumably this would have been from a prepared brief from your office and in this context, it would have been a speech,

speaking notes or presentation. I also presume that the above article will have been based on a News Release from the Cabinet Office. It is this speech, speaking notes or presentation that I would like a copy of under my Freedom of Information Act application.” Our response to your request is as follows: The British-Irish Council (BIC), established under the terms of the Good Friday peace agreement, is an international institution comprising the governments of the UK, Ireland, the devolved institutions in Northern Ireland, Scotland, and Wales, and the governments of the Isle of Man, Jersey and Guernsey.
The BIC’s role is to “promote the harmonious and mutually beneficial development of the totality of relationships amongst the people of these islands”1. It plays an important part in developing positive links and provides a platform for consultation and co-operation on matters of mutual interest. BIC Summits are meetings between the Heads of Government/Administrations that form the BIC.
The Cabinet Office aims to provide the public with information about the BIC wherever possible. To clarify, you refer to an independent media report which has interpreted a press release issued by the Cabinet Office. This press release was issued on Friday 22nd June 2018 and set out the range of issues discussed at the BIC Summit held in Guernsey in June. Discussion topics included developments in relation to Brexit and action to tackle marine litter and single use plastics. A copy of this press release is publically available at - https://www.gov.im/news/2018/jun/22/islands-biosphere- status-highlighted-during-bic-summit/
In order to provide more insight regarding the content of the Summit, the BIC Secretariat also produce an official communique of the Summit meetings this is available at - https://www.britishirishcouncil.org/sites/default/files/communiqu%C3%A9s/Thirtieth% 20Summit%20Comminique%20-%20Guernsey_0.pdf

The Chief Minister did not give a pre-prepared speech or presentation at the meeting which took place in Guernsey, and therefore neither a copy of a speech or presentation is held by the Cabinet Office. The Chief Minister was provided with information on potential topics for discussion. While our aim is to provide the requested information whenever possible, in this instance, full disclosure of the information provided to the Chief Minister is being withheld under Section 29 (International Relations) and Section 35 (Conduct of Public Business) of the Freedom of Information Act 2015. Assessment of Section 29 (1) and Section 35 (b) It is vital that the Chief Minister, when attending meetings with other Heads of Government/Administrations, is adequately briefed in advance, in order to take part in 1 https://www.britishirishcouncil.org/about-council

confidential discussions regarding international relations, and receive and exchange views freely in respect of international issues which affect the Isle of Man’s international reputation. Full disclosure of the information provided would be likely to prejudice or harm the effective relations between the Isle of Man and governments of the UK, Ireland, Scotland, Wales, Jersey and Guernsey (members of the BIC, an international organisation) and the effective conduct of pubic business for the following reasons: - i. It would likely provoke a negative reaction from the state, international organisation, which would damage the Isle of Man’s relations with it and/or its ability to protect and promote the Isle of Man’s interests. ii. It would impede the free discussion and sharing of professional opinion during policy formulation stages. iii. It would damage or limit the openness and transparency of sharing of information and opinion between Government Officials. iv. It would prevent the open and free development and discussion of policy progression, free from public scrutiny and attention, until such time as full consideration of all relevant facts. v. Early disclosure may prevent and divert progress ahead of full consideration of all facts and thereby prevent implementation of changes and improved services which are in the public interest. As Sections 29 and 35 are qualified exemptions, they are subject to the 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 disclosing the information include: • Transparency in fully disclosing information given to the Chief Minister in advance of the meeting. • Full disclosure may improve public understanding of the extent of the Chief Minister’s off-Island work.
• Full disclosure may further public understanding of the Chief Minister’s participation in the meeting. • There is an expectation that high-profile elected politicians such as the Chief Minister should be fully accountable to the public. Factors in favour of maintaining the exemption include: • Disclosure of the information provided could be misleading to the public, and may not give a true and accurate picture of the content of the meeting, or discussions that took place on the day. • Disclosure of the information would be likely to prevent the ability of the Chief Minister to have a free and frank exchange of views with those in attendance at the BIC meeting. Therefore, disclosing such information would be likely to

impair the quality of future policy decision making by the Isle of Man Government. • Disclosure of the information would have an inhibiting effect on the future provision of free and frank advice from those in attendance the BIC meeting, which would be likely to prejudice good government. • The constraining impact of disclosure of the information outlined above would be likely to affect areas of policy in relation to the Isle of Man’s international reputation that rely on the ability to seek the independent views and analysis of a wide range of experts who attend the BIC meetings. Disclosing such information would be likely to impact the quality of policy decisions and compromise good government; as a result the Isle of Man’s international reputation would be likely to be negatively affected. • Those who attend such meetings need a “safe space” in which to discuss issues, develop ideas or make decisions and disclosure may prejudice this and/or interfere with or distract from the process. In assessing the weight to be attributed to each aspect of these arguments the Cabinet Office has considered that the information to which this request relates is still relatively recent, and disclosure would be likely to prejudice international relations and good government. Disclosure of the information will not assist public understanding of the matter, and would be likely to impair the quality of future policy decision making by the Isle of Man Government. The Cabinet Office concludes that the risk of harm from disclosure outweighs any benefit that could be gained by the general public by the information being disclosed at this time. In taking these considerations into account, the Cabinet Office has determined that the factors in favour of maintaining the exemptions outweigh the factors in favour of disclosing the information.

Please quote the reference number 514137 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

1. 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