Equality impact assessment

Summary

The requester asked for an equality impact assessment regarding parking removal on the Promenade and documentation on mobility accommodations. The Department of Infrastructure confirmed no specific assessment was conducted for this issue, provided redacted documentation on mobility discussions, and stated the main impact assessment is being updated for future publication.

Key Facts

• No equality impact assessment was carried out for the removal of Promenade walkway parking as it is not normally available.
• Documentation regarding discussions on accommodating residents with mobility issues was released with redactions.
• Redactions were applied under section 25 of the FOI Act due to personal data exemptions.
• The Promenade impact assessment is currently being updated and will be published on the MyProm website.
• The Department cited section 20 of the FOI Act regarding information already reasonably accessible.

Data Disclosed

• 1320709
• 2020-06-05
• 2020-07-02
• 2 July 2020
• 5 June 2020
• s25
• Article 5
• Article 6
• s20
• 34
• 2

Exemptions Cited

• Section 25 (Personal Information)
• Data Protection (Application of GDPR) Order 2018
• Section 20 (Information reasonably accessible)

Original Request

1. Have you carried out an equality impact assessment in relation to your decision to remove the Promenade walkway as available parking for residents of Loch Promenade during the remainder of the promenade refurbishment scheme. If so can you please provide a copy of that assessment. 2. I would like to see all documentation relating to discussions and considerations around accommodating the needs of residents with mobility issues 3. Have you an updated impact assessment (the version currently published on the My Prom website is now out of date as makes reference to Promenade walkway parking as mitigation for the impact on disabled residents).

Data Tables (1)

Full Response Text

Appendix 1

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

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

Our ref: 1320709 2 July 2020

Dear ###

We write further to your request which was received on 5 June 2020 and which states (sic):

"1. Have you carried out an equality impact assessment in relation to your decision to remove the Promenade walkway as available parking for residents of Loch Promenade during the remainder of the promenade refurbishment scheme. If so can you please provide a copy of that assessment. 2. I would like to see all documentation relating to discussions and considerations around accommodating the needs of residents with mobility issues 3. Have you an updated impact assessment (the version currently published on the My Prom website is now out of date as makes reference to Promenade walkway parking as mitigation for the impact on disabled residents)."

The answer to your questions are as follows: 1. No. An equality impact assessment has not been carried out as there is not normally parking available on the Promenade Walkway. This is in line with the Department’s practice on equality impact assessments for maintenance. 2. Please see Appendix 1 You will see that we have redacted some information which is exempt under s25 (absolutely exempt personal information) of the Act. The Department is satisfied that this information amounts to personal data of which you are not the data subject; and that disclosure of the information would contravene one of the data protection principles as set out in Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department of Infrastructure can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met.

3. Under s20 of the FOI Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. In this instance, the Promenade impact assessment is currently being updated and will be published on the MyProm Website in due course.

Please quote the reference number 1320709 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 us and we 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