Issues with NSC water slides

Summary

A request was made for details regarding delays, responsibility, costs, and contractor experience for the NSC water slides, but all information was withheld under a commercial interest exemption.

Key Facts

• The Department of Education, Sport and Culture refused to disclose information about the water slide delays and costs.
• The refusal was based on Section 30 of the Act, citing prejudice to commercial interests.
• Ongoing negotiations to complete the project are considered sensitive and could be jeopardized by disclosure.
• The contractor's website (Barr and Wray) was provided as a public resource for their details.
• The decision was made after a public interest test weighing factors for and against disclosure.

Data Disclosed

• 1049261
• 2019-11-14
• 2019-12-17
• 7 days
• 20 days
• Section 30
• IM1 5EZ
• (01624) 685808

Exemptions Cited

• Section 30 of the Act (Commercial interests)

Original Request

Please can the department give a full break down of the problems regarding the delay in commissioning the water slides at the NSC. I ask for who is directly responsible for the issues And the cost to rectify the problems. Also who is liable for the cost to fix or rectify the issues . Did the contractor installing the water rides have previous experience in that type of construction and if so where can examples of this work be seen.

Data Tables (1)

Full Response Text

Corporate Services Division Department of Education, Sport and Culture Hamilton House Peel Road, Douglas IM1 5EZ Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im Our ref: 1049261 17 December 2019 Dear ### We write further to your request which was received on 14 November 2019 and which states: "Please can the department give a full break down of the problems regarding the delay in commissioning the water slides at the NSC? I ask for who is directly responsible for the issues and the cost to rectify the problems. Also who is liable for the cost to fix or rectify the issues? Did the contractor installing the water rides have previous experience in that type of construction and if so where can examples of this work be seen." During the standard processing period the Department considered whether the information could be routinely disclosed or whether a qualified exemption applies to the information that you have requested, which may prevent us from providing the information to you. To enable us to do this the law states that we are allowed an extended period, beyond 20 days to respond. The period of time that is reasonable in the circumstances is determined having regard to - 1. The time required to consult with a person who may be affected by the disclosure of information; 2. The time taken to consult with a person about whether access to the information would be in the public interest; or 3. Whether responding to your request for information will substantially or unreasonably interfere with the day-to-day operations of the Department of Education, Sport and Culture. We estimated that it would take an additional 7 days to make a decision on where the balance of the public interest lies. Now the above factors have been considered our response to your request is as follows: While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act as disclosure would prejudice the commercial interests of a person (including the Department). As section 30 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. Factors in favour of disclosure 1. The public would be fully aware and have an understanding of the issues why there has been a delay with the completion of the project. 2. The public would be made aware of any areas of accountability in relation to the commissioning and installing of the water slides at the NSC. 3. Money spent by the Isle of Man Government is in the public interest which includes all associated costs with the development of the water slides at the NSC. 4. The information request regarding previous experience of the contractor used for installing the water slides and examples of their work is not considered to be confidential. Factors in favour of withholding 1. Negotiations are currently on going with the aim of getting an agreement in place to complete the development of the water slides at the NSC and as of the date of this response an agreement is not in place. 2. Release of the information, including who is purportedly responsible and attributing of blame whilst remedial discussions are underway and at a sensitive stage, would cause a breakdown in negotiations. 3. The on-going negotiations include sensitive financial information and appraisal of remedial options and this information being made public at this stage would likely jeopardise the chances of successful negotiation and a subsequent agreement. 4. A breakdown in negotiations would cause further delays to the completion of the project and the opening of the leisure pool at the NSC. 5. Following consultation, all parties involved have confirmed that release of the information at the current time would cause significant detriment to their company/operations. 6. The Department has received legal advice that the foregoing details are commercially sensitive at the current time and should not be subject to disclosure. In taking these factors into account the Department of Education, Sport and Culture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. By way of advice and assistance details of the contractor who was selected for installing the water slides at the NSC can be found at the following web link: https://www.barrandwray.com/ Please quote the reference number 1049261 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