Development of a Marina

Summary

A request was made for details regarding the criteria, meetings, and appraisal reports for the Isle of Man Marina Development procurement process. The Department of Infrastructure partially responded, withholding information on proposal viability and meeting details due to commercial and public business exemptions.

Key Facts

• The request concerned the procurement process for the IOM Marina Development involving Ramsey Marina Ltd.
• Information regarding the criteria for proposal compliance and viability was withheld.
• Details of a meeting between AG Chambers, DOI, DfE, and Ramsey Marina Ltd were not disclosed.
• The authority cited harm to the economy and commercial interests as the reason for exemption.
• The public interest test favored maintaining the exemption to prevent nullifying the procurement process.

Data Disclosed

• 2020-02-27
• 2020-04-22
• 1202149
• 5
• 1
• Section 30
• Section 35
• IM1 2RF

Exemptions Cited

• Section 30 (economy and commercial interests)
• Section 35 (conduct of public business)

Original Request

Please can you provide the following information: 1) what criteria was used to determine whether the forms of acknowledgement received for the EOI re: IOM Marina Development were compliant? 2) what criteria was used to determine viability of the proposals contained within? 3) relevant details of the meeting held between the AG Chambers Procurement team, The DOI and DfE along with Ramsey Marina Ltd to discuss their proposal, specifically, -who was in attendance, -date and location of the meeting -what the purpose of the meeting was 4) when did Ramsey Marina Ltd receive notification their proposal had been accepted? 5) regarding the appraisal report -who is commissioning it and at who's cost? -what are the "terms of business" for the appraisal report? 6) why have there been no timescales given for these next stages? Thanks

Data Tables (1)

Full Response Text

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

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

Our ref: 1202149 22 April 2020

Dear ###

We write further to your request which was received on 27 February 2020 and our subsequent email correspondence keeping you informed of our progress, we are pleased to now supply you with our full response:

"Please can you provide the following information: 1) what criteria was used to determine whether the forms of acknowledgement received for the EOI re: IOM Marina Development were compliant? 2) what criteria was used to determine viability of the proposals contained within? 3) relevant details of the meeting held between the AG Chambers Procurement team, The DOI and DfE along with Ramsey Marina Ltd to discuss their proposal, specifically, -who was in attendance, -date and location of the meeting -what the purpose of the meeting was 4) when did Ramsey Marina Ltd receive notification their proposal had been accepted? 5) regarding the appraisal report -who is commissioning it and at who's cost? -what are the "terms of business" for the appraisal report? 6) why have there been no timescales given for these next stages? Thanks"

Our response to your request is broken down as follows: 1) What criteria was used to determine whether the forms of acknowledgement received for the EOI re: IOM Marina Development were compliant? 2) What criteria was used to determine viability of the proposals contained therein?

While our aim is to provide information whenever possible, in this instance we are at this time unable to provide the information you have requested as the proposal is exempt from disclosure under sections 30 (economy and commercial interests) and 35 (conduct of public business) of the Freedom of Information Act 2015. The reasons why these exemptions apply are as follows: Section 30(2)(b) is a prejudice-based exemption, only applying in instances where harm to the economy would or would be likely to occur. We are satisfied that disclosing the proposal put forwards by RML would likely be harmful to the economy and commercial interests of the Isle of Man. Our consideration of prejudice and its likelihood of occurring, in respect of section 30(2)(b), is that disclosure of the proposal whilst the procurement process is ongoing may nullify this process. Release of the proposal before the conclusion of this process may also cause harm to the commercial interests of RML. Section 30 of the Act is a qualified exemption and therefore subject to a public interest test. In assessing where the public interest lies, the following factors have been considered: Factors in favour of disclosure: • Transparency by disclosing the proposal Factors in favour of maintaining the exemption: • Loss of faith by commercial operators and the public in the procurement process (s. 30) • The procurement process may be nullified and have to begin again, at cost to the taxpayer and the companies who have submitted applications • Reputational damage to DfE in respect of entrepreneurship and innovation for new business proposals
• Reputational damage to the DOI with commercial operators • Damage to relationship between DOI and AGC Procurement Division, as well as between DOI and DfE Section 35 of the Act is also a qualified exemption and therefore also subject to a public interest test. In assessing where the public interest lies, the following factors have been considered: Factors in favour of disclosure: • Transparency by disclosing the proposal Factors in favour of maintaining the exemption: • Loss of faith by commercial operators and the public in Government processes in general (s.35) • The procurement process may be nullified and have to begin again, at cost to the taxpayer and the companies who have submitted applications • Reputational damage to DfE in respect of entrepreneurship and innovation for new business proposals
• Reputational damage to the DOI with commercial operators

• Damage to relationship between DOI and AGC Procurement Division as well as between DOI and DfE Factors which would, or would be likely to cause prejudice (harm) are as follows: i. To the integrity of the procurement process as well as to the companies who submitted applications. This could lead to damage of reputation and/or business confidence in Government, as well as damaging innovation and entrepreneurship in respect of new business proposals. ii. The ability of organisations to participate competitively in a commercial process (procurement) carried out by a public body would be likely to nullify this particular process. Disclosure may also cause harm to future procurement exercises, as well as to the relationships between the Government departments involved and the relationships between the Government departments involved and RML. Taking these factors into account, the Department of Infrastructure has determined that currently the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. 3) Relevant details of the meeting held between the AG Chambers Procurement team, the DOI and DfE along with Ramsey Marina Ltd to discuss their proposal, specifically; i. Who was in attendance ii. Date and location of the meeting iii. What the purpose of the meeting was The details of the meeting are as follows: i. The Government officers in attendance were Name Role Elizabeth Smith Executive Director of Legal Services, AGCs Ed Swain Senior Procurement Officer, AGCs Nick Black CEO, Department of Infrastructure Ann Reynolds Director of Ports, DOI Mark Kenyon Ports Manager, DOI Mark Lewin CEO, Department for Enterprise Representatives from Ramsey Marina Ltd were also in attendance.

ii. The meeting took place on 2nd December 2019 in the boardroom at the Sea Terminal. iii. The purpose of the meeting was for Ramsey Marina Ltd to give a presentation regarding their proposal. 4) When did Ramsey Marina Ltd receive notification their proposal had been accepted? 5) Regarding the appraisal report; i. Who is commissioning it and at who’s cost? ii. What are the “terms of business” for the appraisal report? 6) Why have there been no timescales given for these next stages? While our aim is to provide information whenever possible, in respect of parts 4, 5 and 6 of your request we are unable to provide the information you have requested as the Department of Infrastructure does not hold this information. The procurement process is run by the Procurement Division of the Attorney General’s Chambers; you may wish to consider making a request of the Attorney General’s Chambers at the conclusion of this process.

Please quote the reference number 1202149 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 us. Further information about freedom of information requests can be found at www.gov.im/foi. We will now close your request as of this date.

Yours sincerely

FOI Response Team