HumajnWaste,and,Silt,disposal

Summary

The requester submitted a statement regarding the disposal of human waste and silt for agricultural use, but the Department of Infrastructure determined it was not a valid request for information held. Consequently, the authority was not required to fulfill the request under the Freedom of Information Act 2015.

Key Facts

• The request was received and responded to on the same day, 24 February 2020.
• The Department of Infrastructure classified the submission as opinions and suggestions rather than a request for held information.
• The authority cited Section 8(1) and 8(2) of the Freedom of Information Act 2015 as the legal basis for not complying.
• The views expressed in the request were forwarded to the Waste Team for their interest.
• The requester was informed of their right to an internal review and subsequent appeal to the Information Commissioner.

Data Disclosed

• 1194149
• 2020-02-24
• s.8(1)
• s.8(2)
• IM1 2RF
• (01624) 686785

Exemptions Cited

• Section 8(1) and 8(2) of the Freedom of Information Act 2015 (Request not for information held)

Original Request

The products could be spread on specfic fields then ploughed in and they are used,to grow cereal crops and when harvested there is no difference between the grain

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team/MF Telephone: (01624) 686785 Email: dpo-doi @gov.im

Our ref: 1194149 24 February 2020

Dear ###

This request is being handled under the Freedom of Information Act 2015.

We write further to your request which was received on 24 February 2020 and which states (sic):

"HumajnWaste,and,Silt,disposal The products could be spread on specfic fields then ploughed in and they are used,to grow cereal crops and when harvested there is no difference between the grain"

While our aim is to provide information whenever possible, in this instance, your request consists of opinions and suggestions and is not a request for information held.
Under s.8(1) “Subject to this Act, every person who is resident in the Island has a legally enforceable right to obtain access, in accordance with this Act, to information held by a public authority. (2) In this Act, information is ‘held’ by a public authority if it is held - (a) by the public authority, otherwise than on behalf of another person…” The Department is therefore not able to comply with your request. However, we appreciate you taking the time to send us your views and will pass them to the Waste Team who will no doubt find them of interest. Please quote the reference number 1194149 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

FOI Response Team