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Why Can’t We See Terms of Reference?

The DHSC says it is considering a qualified exemption for some of the information

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A Manx journalist says he is surprised that the gov may not release the terms of reference for the Expol report into alleged concocted documents during the Dr Rason tribunal.

Expol was contracted to investigate and report on allegations of alleged “concocted documents” produced by HMAG/DHSC in the Dr Ranson v DHSC case.

The final report by Expol found that there is no evidence that the DHSC concocted or withheld documents.

However, Paul Moulton has since sought to see the terms of reference for that investigation published, submitting an FoI request to the DHSC asking for it to publish both the terms of reference and the contract of engagement.

Mr Moulton’s FoI request added: ‘Furthermore, please also disclose all communications made between DHSC/HMAG officials and Expol leading up to their appointment to the extent that any such communications are not subject to legal privilege. The purpose is to fully understand the basis of appointment and the scope of the “independent investigation” including any limitations. In particular, I am keen to learn whether references are made to Magson or Malone given that Expol failed to interview or cross check the available evidence from either key protagonist.’

The DHSC wrote to him today saying that it was considering his request, which was submitted on April 12, but that it needed more to process it because ‘we are considering a qualified exemption for some of the information we are releasing’. The new date for the department to respond is May 19.

However, given today’s events, which saw the Chief Minister respond to the tribunal findings, Mr Moulton said: ‘I’m surprised that the DHSC were happy to release the results of the full Expol reports following a FOI request- even though the tribunal was still sitting .

‘Yet now the findings are in – costing the Government millions of pounds – they don’t want to tell the public what the costly report was asked actually asked to investigate! This must be of concern, not only to the Chief Minister and MHKs, following his statement to the House of Keys today to restore confidence in his administration and to sort out this massive failure by his government.

‘In the meantime we are all left to only guess what the DHSC are trying to stop from becoming public!’