Watchdog challenges Cabinet Office block on £2m staff payouts data

Government department ordered to either disclose information or give clearer legal grounds

The Isle of Man Information Commissioner has ruled that the Cabinet Office must revisit its handling of a Freedom of Information request about payments made to government staff who left their posts in the 2022/23 financial year.

The request followed a report by Manx Radio revealing that almost £2 million was paid out to 27 departing employees.

The applicant asked for a list detailing each payment and the reason it was made.

The Cabinet Office refused the request, citing an exemption for personal information under section 25 of the Freedom of Information Act.

That position was upheld on internal review, leading the applicant to complain to the ICO.

In a decision notice, the information commissioner found the Cabinet Office had misinterpreted the request and failed to explain sufficiently why the exemption applied.

The investigation concluded that the information was held, and could be presented in list form without necessarily creating new records.

The notice also questioned whether confidentiality clauses in settlement agreements provided grounds to block disclosure, noting that many agreements specifically allow for anonymised release of information in response to FOI requests.

The Cabinet Office has now been directed to carry out a proper search for the information and to consider whether it can be disclosed in the requested format.

It must either provide the data or issue a fresh refusal notice with a clear and specific rationale by 29 October.

Both parties have the right to appeal to the High Court on a point of law within 28 days.