Staff

Summary

A request for detailed staffing data, contracts, and budget information for the Isle of Man Cabinet Office was partially upheld, with some data provided via external links and previous disclosures while other specific metrics were refused as not held.

Key Facts

• The staffing framework was deemed reasonably accessible via a previous FOI request (Case ID 354327).
• The Chief Executive's contract and pay scale were disclosed via a previous request (Case ID 661665).
• Information on frontline positions, retained previous government staff, and zero-hours contract staff was refused because the Cabinet Office does not hold these specific records.
• Total approved posts, staff budget, and pension contribution figures were directed to the Isle of Man Budget 2018-2019 document.
• Vacant posts are listed on the government recruitment website rather than provided directly in the response.

Data Disclosed

• 2019-01-26
• 2019-03-26
• Case ID 354327
• Case ID 661665
• Page 72
• Page 23
• 2018-2019
• 2016-NN-0024

Exemptions Cited

• Section 20 (Information already reasonably accessible)
• Section 11(3)(a) (Information not held)

Original Request

1 Could you please provide the staffing framework? 2.How many of the positions are at the frontline, direct contact with the Public. 3. A copy of the Chief Executives Contract and the pay scale which applies? 4. What is the total of approved posts? 5. How many of these are currently vacant? 6. Are any full or part time previous Governtment staff are retained? 7 How many staff are on zero hours Contracts? 8. What is the total budget for staff? 9. How much was paid by Government and Employee as pension contributions for 12 months? Which staffing framework you are referring to? The staffing framework of the Cabinet Office? Which Chief Executive contract you are requesting? The Cabinet Office? We could provide a list of vacancies on our recruitment system, but that would solely confirm posts being actively recruited. Please confirm whether this would be sufficient? Vacant posts please

Data Tables (5)

Full Response Text

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

Our ref: 710465 6 March 2019

Dear ###

We write further to your request which was received on 26 January 2019 and which states:

"1. Could you please provide the staffing framework? [Clarified to confirm staffing framework of Cabinet Office] 2. How many of the positions are at the frontline, direct contact with the Public. 3. A copy of the Chief Executives Contract and the pay scale which applies [Clarified to confirm Chief Executive of Cabinet Office] 4. What is the total of approved posts? 5. How many of these are currently vacant [clarified to confirm would be happy to receive list of posts being actively recruited] 6. Are any full or part time previous Government staff are retained? 7. How many staff are on zero hours Contracts? 8. What is the total budget for staff? 9. How much was paid by Government and Employee as pension contributions for 12 months? Please find detailed below our response to your question. 1. Could you please provide the staffing framework? Under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. The staffing framework for the Cabinet Office has been provided in response to a previous request. If you search for request number 354327 on the FOI responses webpage https://services.gov.im/freedom-of-information/search
2. How many of the positions are at the frontline, direct contact with the public.

While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold the information that you have requested and therefore a practical refusal reason under section 11(3)(a) of the Act applies. We do not record on our HR system whether a role is ‘front line’ or not. 3. A copy of the Chief Executives Contract and the pay scale which applies? You were asked “Which Chief Executive contract you are requesting?” You responded: “The Cabinet Office?” This information is available on the Freedom of Information Disclosure Log. https://services.gov.im/freedom-of-information/search . The information is available as it was answered in response to a previous Freedom of Information Request (Please search Case ID 661665) which asked “Please provide a copy of the employment contract of the Chief Secretary, including full contractual terms such as salary, perks and severance arrangements.” 4. What is the total of approved posts? Please see page 72 of the Isle of Man Budget 2018, https://www.gov.im/media/1360554/pink-book-final-2018.pdf.
5. How many of these are currently vacant? You were asked to clarify. “We could provide a list of vacancies on our recruitment system, but that would solely confirm posts being actively recruited. Please confirm whether this would be sufficient?”. You confirmed,” Vacant posts please." Details of vacant posts being actively recruited to can be found on the Government website https://www.jobtrain.co.uk/iomgovjobs/vacancies.aspx 6. Are any full or part time previous Government staff are retained? While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold the information that you have requested and therefore a practical refusal reason under section 11(3)(a) of the Act applies. 7. How many staff are on zero hours Contracts? While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold the information that you have requested and therefore a practical refusal reason under section 11(3)(a) of the Act applies. The most up to date information held was supplied following a question in the House of Keys: http://www.tynwald.org.im/business/hansard/20002020/2016-NN-0024.pdf The Chief Minister has established a Committee to look into the issues surrounding zero hour contracts. The Committee has been commissioned by the Chief Minister to

look carefully at the issues faced by those on zero hour contracts and is currently running a survey to ascertain views from employees and employers on this issue. 8. What is the total budget for staff? Please see page 72 of the Isle of Man Budget 2018-2019 https://www.gov.im/media/1360554/pink-book-final-2018.pdf 9. How much was paid by Government and Employee as pension contributions for 12 months? Please see page 23 of the Isle of Man Budget 2018 -2019 https://www.gov.im/media/1360554/pink-book-final-2018.pdf Burden of Requests – Warning One of the practical refusal reasons defined by section 11(3)(d) of the Freedom of Information Act 2015 is that a public authority may refuse to supply information requested is “…vexatious, malicious, frivolous, misconceived or lacking in substance;” The Council of Ministers Code of Practice of Freedom of Information provides details of indicators when requests may be considered vexatious. Burden on an Authority The effort required to meet the request will be disproportionate in terms of the strain on time and resources, that an Authority cannot reasonably be expected to comply, no matter how legitimate the subject matter or valid the intentions of the Applicant. Frequent or overlapping requests The Applicant submits frequent correspondence about the same issue or sends in new requests before an Authority has had an opportunity to address their earlier enquiries. The freedom of information section of the Isle of Man Government’s website states: “Aim for one question per request. Asking for lots of different information within one request can make it difficult to understand what you are really requesting.” The Information Commissioner’s website states that “requests which are too vague or too wide-ranging might lead to a response taking longer, or might mean unnecessary work and expense for the authority as staff look for information that you don't really want.” Our records show that, over the last 10 months since May 2018 you have submitted 10 Freedom of Information Requests to the Cabinet Office, with many of the requests having multiple parts or questions. Many of these requests have required subsequent clarification on the information being requested. Please be mindful of the burden on the Cabinet Office when making future requests and be mindful that future requests maybe refused on the basis described above. Please quote the reference number 710465 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