Operation Yellowhammer

Summary

A request was made for all Isle of Man Government documents and meeting notes regarding 'Operation Yellowhammer' (No-deal Brexit contingency planning), but no information was disclosed as it was deemed exempt.

Key Facts

• The request was received on 2019-08-27 and the response was issued on 2019-10-07.
• The Cabinet Office determined that some information is qualified exempt under Section 29 of the Freedom of Information Act 2015.
• Disclosure was refused because it would prejudice international relations between the Isle of Man and the United Kingdom.
• The UK Government has stressed that the information provided to the Isle of Man is confidential and not in the public domain.
• The public interest test concluded that withholding information is necessary to maintain the UK's willingness to share sensitive data in the future.

Data Disclosed

• 2019-08-27
• 2019-10-07
• Section 20
• Section 29(1)
• Freedom of Information Act 2015
• IM1 3PN
• 01624 686244

Exemptions Cited

• Section 20: Information accessible by other means
• Section 29(1): International relations

Original Request

Please provide all Isle of Man Government and the Council of Ministers meeting notes, minutes, papers, assessments, impact assessments, lists of key dates, documents (in whatever form), requisition notes and phone transcriptions as well as any other documents that are information pertaining to 'Operation Yellowhammer', the codename used by the UK Treasury for cross-government civil contingency planning for the possibility of a No-deal BREXIT.

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: 937314 8 October 2019

Dear ###

We write further to your request which was received on 27 August 2019 which states:

"Please provide all Isle of Man Government and the Council of Ministers meeting notes, minutes, papers, assessments, impact assessments, lists of key dates, documents (in whatever form), requisition notes and phone transcriptions as well as any other documents that are information pertaining to 'Operation Yellowhammer', the codename used by the UK Treasury for cross-government civil contingency planning for the possibility of a No-deal BREXIT."

Information Accessible To the Applicant by Other Means While our aim is to provide information whenever possible, under section 20 of the Freedom of Information Act 2015, 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. Operation Yellowhammer is a UK Government initiative focused on mitigating short- term severe, disruptive impacts of a reasonable worst case scenario for a no deal exit. Operational Yellowhammer is not a prediction of what is going to happen but reflects responsible Governments preparing for all scenarios. Since your request was submitted the UK Government published its worst case assumptions relating to Operation Yellowhammer: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/ file/831199/20190802_Latest_Yellowhammer_Planning_assumptions_CDL.pdf More information about UK contingency preparations can be found in UK National Audit Office Report “Cabinet Office: Civil Contingencies Secretariat – Contingency preparations for exiting the EU with no deal” www.nao.org.uk/wp- content/uploads/2019/03/Contingency-preparations-for-exiting-the-EU-with-no- deal.pdf The Isle of Man Government has also issued a guide ‘Are you ready for Brexit?’ for use by the public and business which is available online www.gov.im/media/1367007/brexit-guide-interactive.pdf Section 29 International Relations

Some of the information you have requested is qualified exempt from disclosure under section 29(1) of the Act as disclosure would prejudice relations between the Island and the United Kingdom and another State (in this instance Jersey and Guernsey).
We have considered the nature and the severity of the prejudice. The ability of the Isle of Man to conduct its own external relations policy is dependent on good relations with the UK Government, which is responsible for the Island’s international representation. If the good relations between our two governments were undermined, then this could harm the Island’s ability to protect its interest internationally which could in turn damage its ability to act in the interests of people and businesses on the Island. The UK Government has stressed that information provided is to be treated as confidential. It provides information which is not in the public domain (in the UK) and relates to preparations for a No Deal exit, as well as the preparation of its negotiating stance on its future relationship with the EU. As section 29 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 • There is strong public interest in openness in public affairs to ensure that the public is able to scrutinise government and hold it to account • There is also strong public interest in understanding how the UK’s commitment to leaving the European Union will affect the Isle of Man and the interests of residents and business

Factors in favour of withholding • Disclosure is likely to undermine the willingness of the United Kingdom to supply other confidential information in the future to the Isle of Man Government. The United Kingdom has indicated that their negotiations with the European Union are of vital importance and they will only release information after careful assessments when it is unlikely to impact those negotiations or the UK’s interest abroad and the UK’s strategic positioning. It is therefore important that the Isle of Man is not used to gain access to information which has not been subject to the careful assessment that the UK requires.
• Disclosure is likely to provoke a negative reaction from the United Kingdom 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 • The United Kingdom has objected to disclosure of the information through Freedom of Information requests (e.g. DEFRA UK refusal to release food contingency plans) and good relations are likely to suffer if that it is ignored • Disclosure is likely to weaken the Isle of Man’s bargaining position in international negotiations, inhibit the United Kingdom’s willingness to share sensitive information or inhibit frankness and candour in diplomatic reporting • Information provided by the UK has links with other Crown Dependencies, and release of information may harm relations between the UK and Jersey and Guernsey

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. Section 34 – Formulation of Policy Some of the information requested is exempt from disclosure under section 34 of the Act as it is held by Cabinet Office and it relates to the formulation or development of government policy which is still in the process of being formulated. As section 34 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 • There is strong public interest in openness in public affairs to ensure that the public is able to scrutinise government and hold it to account • There is also strong public interest in understanding how the UK’s commitment to leaving the European Union will affect the Isle of Man and the interests of residents and business

Factors in favour of withholding • It is information held by the Cabinet Office and which relates to the formation of policy (which is ongoing) • Both the preparation for a No Deal Brexit (preparedness, and the contingency planning and emergency structures) as well as the Isle of Man position (negotiating mandate) prior to the negotiation of a new relationship between the UK and the EU are ongoing, or ‘live’, policy areas. • Releasing information could impact on the Isle of Man and potentially the United Kingdom’s government’s freedom to deliver high quality internal evidence which could be needed for contingency planning for no-deal Brexit • Release of the information could result in civil servants being less full and frank in providing advice or opinions on policy proposals as this advice is being provided in a fluid and changing environment, and therefore contains a degree of speculation • There is political sensitivity around the potential release of information, and also, potentially could undermine the relationship with the UK • In relation to timing, this is, as noted above a ‘live’ policy area, and so cannot be considered as ‘spent’ or completed 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 937314 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

David Kinrade Head of Executive Office