Brexit retail

Summary

The requester asked for advice received by the Council of Ministers from retailers regarding Brexit, specifically referencing a March 2019 paper. The Cabinet Office refused to disclose the information, citing exemptions related to commercial interests and the need for confidential contingency planning.

Key Facts

• The request was received on 24 September 2019 and responded to on 22 October 2019.
• Information was withheld under section 30(2)(b) of the Freedom of Information Act 2015.
• Retailers provided advice on a confidential basis to protect their commercial interests from competitors.
• Disclosure was deemed likely to damage the government's relationship with food retailers and reduce future information sharing.
• The public interest test concluded that maintaining the exemption outweighed the interest in disclosure.

Data Disclosed

• 24 September 2019
• 22 October 2019
• March 2019
• section 30(2)(b)
• 977021
• IM1 3PN
• 01624 686244

Exemptions Cited

• Section 30(2)(b) of the Freedom of Information Act 2015 (prejudice to commercial interests)

Original Request

What advice has the Council of Ministers received from retailers in respect of Brexit. In particular, the information provided that was considered in a CoMin paper in March of this year.

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: 977021 22 October 2019

Dear ###

We write further to your request received on 24 September 2019 which states:

"What advice has the Council of Ministers received from retailers in respect of Brexit. In particular, the information provided that was considered in a CoMin paper in March of this year."

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30(2)(b) of the Act as disclosure would be likely to “prejudice the commercial interests of person”. As section 30 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 • The Cabinet Office recognises that there is a general public interest in openness in public affairs in order to ensure that the public are able to scrutinise the manner in which public authorities develop policies and reach important decisions; • The Cabinet Office also recognises that the above point is particularly important given the UK’s commitment to leaving the EU. Factors in favour of withholding • The advice and information provided by retailers was done so on a confidential basis. The Isle of Man Government relies on maintaining good relations with retailers. We are working closely with our food retailers but operational decisions are for them to take. We rely on their goodwill to share information with us regarding their plans. We speak to them on a confidential basis on the understanding that what they tell us will not be shared more widely than necessary. Food retailers insist on this to protect their commercial interests and to ensure their plans are not shared with competitors. Our relationship with food retailers would be damaged by disclosure and would reduce the likelihood of information being made available in the future. • In contingency planning for the event of the UK leaving the EU without a deal, it is essential that officials and ministers are given the space needed to discuss live issues and policy options.

• The Cabinet Office recognises the need to protect the commercial interests of the private sector, especially our major food suppliers who play an important role in the general health of the economy.

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

Please quote the reference number 977021 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