The Manx public will have the right to information from parts of the government from February.
The first part of the Freedom of Information Act comes into force from then.
The island has been promised the right to information from the government for years. But delay has followed delay.
However, today it was announced that the timetable for the FoI Act to start has now been set in law under an appointed day order made by the Council of Ministers.
Island residents will be able to submit FoI requests – initially only to the Cabinet Office and to the Department of Environment, Food and Agriculture – from February 1 next year.
The regime will be extended in stages over the following two years to other departments and all public authorities, including local authorities, so that the Act is due to be fully in force by February 1, 2018.
In the meantime the public can still obtain information from all areas of government under the Code of Practice on Access to Government Information, which has been in place since 1996 and will be retained alongside the FOI regime to cover requests that fall outside its scope.
Chief Minister Allan Bell MHK said: ‘The implementation of the FOI Act delivers on this administration’s pledge to strengthen the operation of open government in the Isle of Man by giving residents a legal right to gain information from public bodies.
‘Reaching this point has taken a lot of time and effort, but we are now less than six months away from the day when the first FOI requests can be submitted.’
The Freedom of Information Act received Royal Assent in June this year having been passed by the branches of Tynwald following public consultation.
Previous stories about the Freedom of Information Act:
{http://www.iomtoday.co.im/news/isle-of-man-news/freedom-of-information-laws-on-way-1-1755791|Freedom of Information could be on its way. Our story from 2005}
{http://www.iomtoday.co.im/news/politics/freedom-of-information-legislation-on-way-1-1771736|Chief Minister Tony Brown promises FoI in 2008}
{http://www.iomtoday.co.im/news/isle-of-man-news/isle-of-man-s-freedom-of-information-bill-moves-closer-1-5843631|FoI moves closer}
{http://www.iomtoday.co.im/news/isle-of-man-news/freedom-of-information-bill-is-game-changer-1-7077982|Bill is a ‘game changer’}
{http://www.iomtoday.co.im/news/isle-of-man-news/manx-government-has-no-money-for-freedom-of-information-legislation-1-5888708|Freedom of Information will cost the taxpayer}
Background:
The Act enshrines in law the right of residents to gain access to information held by public authorities (as named in the legislation).
As is the case with other FOI regimes, there are a range of exemptions to protect legitimate confidentiality, for example to prevent harm to businesses.
There are two types of exemptions, ‘absolute’ and ‘qualified’. The latter may be relied on if the public interest is best served by non-disclosure.
The operation of the Act will be overseen by an independent Information Commissioner, the current Data Protection Supervisor, who will perform both roles.
To manage the impact on public resources, the Act does not apply retrospectively beyond the start of the current administration in October 2011, can only be used by Isle of Man residents, and its implementation is being phased.
These restrictions do not apply to the Code of Practice on Access to Government Information, which is continuing.
Otherwise the type of information obtainable under FOI is expected to be similar to what is already available under the Code.
The key difference between FOI and the Code is that the former establishes rights and obligations in law, while the latter is non-statutory.
Another significant difference is that the Act creates potential access to post-October 2011 proceedings of the Council of Ministers, subject to exemptions. All CoMin proceedings are currently confidential by law.
Introducing the FOI regime at the Cabinet Office and the DEFA first will provide practical experience to refine preparations across government and also allows the Act to be introduced earlier than would otherwise have been the case.