Engagement of John Barrett QC for Area Plan Inquiry

Summary

The request sought correspondence, appointment reasons, and costs regarding John Barrett QC for the Area Plan for the East inquiry. The Cabinet Office disclosed that no correspondence was held, explained the appointment followed a mini-tender, and revealed an hourly rate of £200.

Key Facts

• No correspondence exists between John Barrett QC and the Chief Secretary/Minister regarding the Area Plan for the East.
• John Barrett QC was appointed following a competitive mini-tender exercise via directed enquiries to leading barristers' Chambers.
• The negotiated hourly rate for John Barrett QC's services was £200.
• The contract covered preparation work and attendance at a 3-week Public Inquiry.
• The Cabinet Office acts for the public at large in an inquisitorial process rather than an adversarial one.

Data Disclosed

• 2019-09-27
• 2019-10-10
• 982537
• £200
• 3 week

Original Request

A) Correspondence between John Barrett QC and the Chief Executive / Minister that relates to the Area Plan for the East B) Reasons recorded for appointment of John Barrett QC as Government representative for the Area Plan for the East C) Cost incurred to the public purse for the services of John Barrett QC for the Area Plan for the East (for the TAPE public inquiry and any other planning matters).

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: 982537 9 October 2019

Dear ###

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

"A) Correspondence between John Barrett QC and the Chief Executive / Minister that relates to the Area Plan for the East B) Reasons recorded for appointment of John Barrett QC as Government representative for the Area Plan for the East C) Cost incurred to the public purse for the services of John Barrett QC for the Area Plan for the East (for the TAPE public inquiry and any other planning matters)."

While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold some of the information that you have requested. There is no correspondence held between Mr John Barrett and the Chief Secretary/Minister for Policy and Reform that relates to the Area Plan for the East. Re part B of your request; appointment of Mr John Barrett followed a competitive mini- tender exercise through directed enquiries of recognised leading (non-QC) barristers Chambers. Re part C of your request; Mr John Barrett worked on a contract of £200 per hour which was a negotiated rate applicable to preparation work and attendance at the 3 week Public Inquiry. Regarding the appointment of legal representation for the Cabinet Office, it is important to bear in mind that Cabinet Office is acting for the public at large to ensure adequate zoning of all types of land and not for or against any particular party. It is an inquisitorial process and not adversarial and so does not have the same degree of determination of individuals rights as legal proceedings for which Legal Aid can be granted. I have detailed below the information that is held.

Please quote the reference number 982537 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