Karran Report Appendix C

Summary

A request was made for specific transcript pages (79-110) from Appendix C of the Karran Report regarding the Isle of Man parole system inquiry. The Cabinet Office refused to disclose the information, citing an absolute exemption under the Freedom of Information Act 2015 because the documents were created for an official inquiry.

Key Facts

• The request targeted pages 79-110 of Appendix C transcripts from the Independent Inquiry into the Isle of Man's Parole System.
• The Cabinet Office refused the request on 24 September 2018.
• The refusal was based on section 21(3)(b) of the Freedom of Information Act 2015.
• The information is held by the authority solely because it is contained in a document created by a person conducting an inquiry.
• The final outcome was a Decision Notice where the complaint was not upheld.

Data Disclosed

• 606965
• 2018-09-18
• 2018-12-06
• 24 September 2018
• 79-110
• April 15th 2016
• section 21(3)(b)
• section 21(4)
• section 1(1)(a)
• 2003
• 2015
• IM1 3PN
• 01624 686244

Exemptions Cited

• Section 21(3)(b) of the Freedom of Information Act 2015 (Absolute exemption for information held by virtue of being contained in a document created by a person conducting an inquiry or arbitration)

Original Request

"Appendix C transcripts as stated on page 50 here are not accessible. https://www.gov.im/media/1357749/independent-inquiry-into-the-isle-of-mans-parole-system-report.pdf A FOI request is made for pages 79-110. (Witness ######### April 15th 2016)".

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: 606965 24 September 2018 Dear ### We write further to your request which was received on 18 September 2018 and which states: "Appendix C transcripts as stated on page 50 here are not accessible. https://www.gov.im/media/1357749/independent-inquiry-into-the-isle-of-mans-parole- system-report.pdf A FOI request is made for pages 79-110. (Witness # # April 15th 2016)". While our aim is to provide information whenever possible, under section 21(3)(b) of the Freedom of Information Act 2015 (“the Act”), the information you have requested is absolutely exempt from disclosure as it is held by the Cabinet Office only by virtue of being contained in a document created by a person conducting an inquiry or arbitration, for the purposes of the inquiry or arbitration.
As per section 21(4) of the Act, 'inquiry' means an inquiry or a hearing held under a provision contained in, or made under, an enactment. In this case the inquiry was established under section 1(1)(a) of the Inquiries (Evidence) Act 2003 and as such falls within this definition. Please quote the reference number 606965 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