In this special joint report ROBERT KINRADE, director, Expol and PETER CANNELL,
associate advocate and chartered secretary of QuinnLegal spotlight a ‘new era’ for island folk
A new era in how we ‘do’ government is about to dawn in the Isle of Man. On February 1, 2016, the people of the Isle of Man, will be able to start making requests under the Freedom of Information Act.
Like our nearest neighbours, Ireland and the UK, we now have a Freedom of Information Act and an Information Commissioner.
Neither of our neighbours’ acts, however, set out the principles upon which their acts are based.
Ours does.
This principal is that island residents will be able to access information held by public authorities and with the aim of promoting public interest in the governance of the Isle of Man.
As with all these things there has to be a balance. Access must be balanced with the need to maintain the right to privacy, to ensure effective government and that the value for the taxpayer in complying with the requests.
In practice, public authorities are being encouraged to be more open and transparent in what they do.
They will need to be in a position to respond to any freedom of information requests efficiently so as not to interfere in delivery of services. They also need to ensure that the costs of obtaining the information requested is balanced against the public benefit of the request.
The government will be setting limits on the costs that can be incurred in responding to freedom of information requests.
One of the key parts of the new Act will be the publication scheme that each public authority can choose to adopt. This scheme will be individual to each public authority and will set out what they the intend to publish, how often they will publish it, in what form and what type of access the public will have to it.
A good scheme, well implemented, should increase public awareness of what the authority is doing for the public and, hopefully, reduce the number of requests received. All public authorities, in preparing a publication scheme and responding to a freedom of information request, will also be guided by a code of practice issued by the council of ministers.
A request made for information of a personal nature is treated as a request under the Data Protection Act as such requests are not freedom of information requests.
Any public authority receiving a freedom of information request will have to check that the application is from a Manx resident, it is clear on the face of it what is being requested, it is in the correct form and the appropriate fees for collating the information has been received. There will then be a check to make sure it does not fall under one of the exemptions set out in the Act.
There can be many reasons a freedom of information request will be rejected such as where the information requested is already in the public domain or has already been provided to the enquirer as a result of an earlier request.
Also, the public authority does not have to analyse the information for you. If the information sought requires the data held to be analysed, you will be given the data and left to analyse it yourself. Where a freedom of information request is, to quote the Act, “vexatious, malicious, frivolous, misconceived or lacking in substance”, it will be rejected.
Information relating to matters such as commercial sensitive negotiations, legal proceedings, national security and the like will need to be exempt and the Act divides what needs to be exempt in two classes of information; absolutely exempt information and qualified exempt information. An example of absolutely exempt information would be records of a personal nature, such as health records. An example of qualified exempt information would be ongoing investigations and legal proceedings.
Once a request has been considered, the public authority will either point the enquirer to the already published information, provide the information, or reject the request, giving their reasons as to why it has been rejected. If the person making the request does not like the answer, then a complaint may be lodged with the Information Commissioner, who will decide what action is necessary either to get the public authority to provide the information or to check whether the rejections was valid. Any decision can be appealed to the High Court.
By developing a culture of openness, it is hoped the public will engage more as partners in the governance of this our Island. The publication and sharing of information has never been easier. The Act provides an opportunity for public authorities to review what information they actually need to do their job and, more importantly, need to publish to show how they have been performing.
QuinnLegal will be joining up with Expol Ltd, a local company of specialist training providers, to deliver presentations on this subject.
The latter have already been contacted by an existing client to provide the training in early 2016 and sessions are booked in.
Rob Kinrade, director of Expol said: ‘We are delighted that such a high profile client has come to us again to provide these workshops. We always try and bring experts into our training pool and its excellent that we can call on QuinnLegal to deliver these presentations on the new legislation.
‘It’s not the first time we have worked with QuinnLegal in the delivery of law based training.
‘It’s a partnership which suits all.
‘We feel that the new Freedom of Information Act will generate much interest.
‘While commencing with quite limited restrictions as to who it applies, it will gradually gather pace and become relevant across the board of Government departments and public authorities. Undoubtedly it will generate much interest with researchers, journalists, investigators and the general public seeking to establish hitherto seemingly unobtainable information.
‘Our 2016 training diary is steadily filling up with Freedom of Information presentations in the early New Year months’.
Should anybody have any queries concerning workshops Mr Kinrade can be contacted on 611190 or by email rkinrade@expol.co.uk