Government media relations

Summary

A request was made for the Corporate Communications Service's media policy and correspondence regarding journalists since October 2017. The Cabinet Office withheld the information citing Section 35 exemptions to protect the free and frank exchange of advice, a decision that was later partially upheld following a complaint.

Key Facts

• The request was received on 16 August 2018 and addressed by the Cabinet Office on 3 September 2018.
• The authority stated no information was held regarding the specific written policy for media inquiries.
• Correspondence between the Head of Communications and Ministers was withheld to prevent inhibiting free and frank advice.
• The Information Commissioner issued a Decision Notice on 5 November 2018 where the complaint was part upheld.
• The public interest test concluded that maintaining the exemption outweighed the benefits of disclosure.

Data Disclosed

• 2018-08-16
• 2018-09-03
• 2018-11-05
• October 2017
• 564234
• section 35
• IM1 3PN

Exemptions Cited

• Section 35 of the Act (prejudice to the free and frank provision of advice or exchange of views)

Original Request

Please supply the following information: 1) What is the policy of the Corporate Communications Service towards dealing with media inquiries from Isle of Man Newspapers, local radio stations and TV broadcasters, and in distributing press releases to these media outlets and to social media forums? 2) Has this policy changed since October 2017? If so, what is the new policy, when did it change, who approved the change and what is the reason for the change? 3) Please provide copies of all emails and other correspondence between the head of of corporate communications Liz Aelberry and Ministers, political members and heads of departments relating to the handling of journalists' inquiries by Isle of Man Newspapers, and circulation of press releases to Isle of Man Newspapers, since October 2017.

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: 564234 3 September 2018

Dear ###

We write further to your request which was received on 16 August 2018 and which states:

"Please supply the following information: 1) What is the policy of the Corporate Communications Service towards dealing with media inquiries from Isle of Man Newspapers, local radio stations and TV broadcasters, and in distributing press releases to these media outlets and to social media forums? No information is held. 2) Has this policy changed since October 2017? If so, what is the new policy, when did it change, who approved the change and what is the reason for the change? No information is held. 3) Please provide copies of all emails and other correspondence between the head of of corporate communications Liz Aelberry and Ministers, political members and heads of departments relating to the handling of journalists' inquiries by Isle of Man Newspapers, and circulation of press releases to Isle of Man Newspapers, since October 2017."

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would be likely to inhibit the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation. Providing Ministers, Chief Officers and Political Members with media advice is an important part of the role of the Communications team, in particular the Head of Communications. Advice is given before a final decision is made, often opinion that is based on judgement and circumstances. It is deliberated upon and often discussed in a free and frank exchange of views. Releasing the requested information, that is advice given in relation to the handling of journalists' inquiries, would prejudice the work of members of Communications team, inhibiting them from engaging in discussion as part of the deliberation process and from presenting such advice in the future, restricting the free and frank exchange of views. Email exchanges are often not

the final piece of work, rather the information that helps to form the same, and therefore may be open to misinterpretation. As section 35 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 • A public interest in the accountability and transparency of the decision making process of Government and how outcomes may be reached; • Understanding what information has been provided on which decisions have been made; • An increase in confidence in the decision making process.

Factors in favour of withholding • Officers need to be able to provide options, risks, etc. without the risk of disclosure. If officers are not able to do so it would be likely to inhibit the free and frank discussion and so prejudice the decision making process. This would undermine the very strong public interest in government decisions being based on the fullest and most open sharing of advice and information; • The need for a safe space in order for issues to be deliberated, ideas developed and decisions formulated by and with Ministers, Departmental Members and Civil Servants; • The work carried out by the Communications team, of which this is an element, is a core authority function which will affect the performance of Cabinet Office in the future; • Disclosure would be likely to inhibit the ability of the Communications team to express themselves openly, honestly and completely when providing advice or giving their views as part of the process of deliberation. Disclosure of this information could impair the quality of decision making and have a chilling effect; • Disclosure of any information about advice and opinions given by the Communications team, in this instance the Head of Communications, at an early stage of discussions may result in public debate which can make it difficult for those being given the advice to consider the options objectively, especially at a point where they are awaiting more information to make fully informed decisions. It may also inhibit the provision of free and frank discussions between officers which can damage the quality of advice provided which can affect the process.

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

Please quote the reference number 564234 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

Freedom of Information Co-ordinator