June Tynwald Question 29 for Written Answer

Summary

The requester asked for correspondence regarding the withdrawal of a Tynwald question about Year 6 pupil development statistics. The Office of the Clerk of Tynwald refused to release any information, citing an exemption to protect the privileges of Tynwald.

Key Facts

• The request concerned Question 29 from the June Tynwald sitting asked by Mrs Caine regarding Good Level of Development (GLD) percentages.
• The question was originally directed to the Minister for Education, Sport and Culture but was subsequently withdrawn.
• The authority determined that all requested information is absolutely exempt under section 22(1)(a)(i) of the Freedom of Information Act 2015.
• A certificate signed by the President of Tynwald was provided to confirm the exemption is required to avoid infringing Tynwald privileges.
• The request was formally closed on 1 August 2018 with no information sent.

Data Disclosed

• 2018
• Year 6
• Question 29
• 13 July 2018
• 1 August 2018
• 525135
• section 22(1)(a)(i)

Exemptions Cited

• Section 22(1)(a)(i) of the Freedom of Information Act 2015 (Privileges of Tynwald)

Original Request

The published Question Paper for the June sitting of Tynwald contains a question (29) for written answer asked by the Hon Member for Garff (Mrs Caine). The question is asked of the Minister for Education, Sport and Culture and is: 'What percentage of 2018 Year 6 pupils attained the good level of development (GLD), broken down by primary school?' (http://www.tynwald.org.im/business/opqp/opqp/2018-PP-0100.pdf). The corresponding Hansard for the June sitting of Tynwald indicates that the question was withdrawn. (http://www.tynwald.org.im/business/hansard/20002020/t180619.pdf) It is not surprising that this question was withdrawn as it is my understanding (perhaps erroneous?) that GLD refers to children completing Class R only. Please provide all copies of correspondence and other information you hold relating to the asking of, response to and subsequent withdrawal of Question 29.

Data Tables (1)

Full Response Text

Signed by Steve Rodan

Freedom of Information Co-Ordinator Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man IM1 3PW Telephone: 01624 685500

Our ref: 525135 1 August 2018

Dear ###

We write further to your request which was received on 13 July 2018 and which states:

"The published Question Paper for the June sitting of Tynwald contains a question (29) for written answer asked by the Hon Member for Garff (Mrs Caine). The question is asked of the Minister for Education, Sport and Culture and is: 'What percentage of 2018 Year 6 pupils attained the good level of development (GLD), broken down by primary school?' (http://www.tynwald.org.im/business/opqp/opqp/2018-PP-0100.pdf). The corresponding Hansard for the June sitting of Tynwald indicates that the question was withdrawn. (http://www.tynwald.org.im/business/hansard/20002020/t180619.pdf) It is not surprising that this question was withdrawn as it is my understanding (perhaps erroneous?) that GLD refers to children completing Class R only. Please provide all copies of correspondence and other information you hold relating to the asking of, response to and subsequent withdrawal of Question 29."

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because all of it is absolutely exempt information. The exemption in section 22(1)(a)(i) of the Freedom of Information Act 2015 is required in order to avoid an infringement of the privileges of Tynwald. Please find enclosed a copy of the certificate signed by the President of Tynwald certifying that the exemption is required.

Please quote the reference number 525135 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