Public liability insurance re RF-EMF radiation.

Summary

The requester asked the Communications Commission to confirm if the Isle of Man Government holds insurance covering injury claims from RF-EMF radiation caused by telecommunications networks. The Commission responded that it does not hold this information as it does not manage government insurance, suggesting the Treasury be contacted instead.

Key Facts

• The Communications Commission does not deal with insurance for the Government.
• The authority confirmed it does not hold or have access to details of any such insurance.
• The requester was advised to contact the Treasury for potential assistance.
• The request referenced the Town and Country Planning (Telecommunications) Development Order 2019.
• The outcome of the request was classified as 'Information not held'.

Data Disclosed

• 1358241
• 2020-07-08
• 2020-07-09
• 9 July 2020
• 2019
• IM1 2SF
• +44(0)1624 677022
• +44(0)1624 626499

Original Request

Please would you confirm that the Government has proof that appropriate insurance is in place against any and all future claims for injury to humans, wildlife and the environment caused by the installation or operation of telecommunications networks, installations and equipment and in respect of any and all of electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation and non-ionising radiation. In the alternative, could you please advise whether Government's own public liability insurance would cover any and all such potential claims, given Government is responsible for licensing Telecommunications providers and their activities on the Isle of Man, granting planning permissions to their installations via the normal planning process or via more controversial mechanisms such as the Town and Country Planning (Telecommunications) Development Order 2019.

Data Tables (1)

Full Response Text

Chief Executive: Ivan Kiely Ground Floor, Murray House, Mount Havelock, Douglas Isle Of Man, IM1 2SF Tel: +44(0)1624 677022 Fax: +44(0)1624 626499

Our ref: 1358241 9 July 2020

Dear ###

We write further to your request which was received on 8 July 2020 and which states:

"Please would you confirm that the Government has proof that appropriate insurance is in place against any and all future claims for injury to humans, wildlife and the environment caused by the installation or operation of telecommunications networks, installations and equipment and in respect of any and all of electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation and non-ionising radiation. In the alternative, could you please advise whether Government's own public liability insurance would cover any and all such potential claims, given Government is responsible for licensing Telecommunications providers and their activities on the Isle of Man, granting planning permissions to their installations via the normal planning process or via more controversial mechanisms such as the Town and Country Planning (Telecommunications) Development Order 2019."

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. The Communications Commission does not deal with insurance for the Government and so does not hold, nor have access to the details of any such insurance which may or may not be in place.

However, you may wish to contact the Treasury, who may be able to help you.

Please quote the reference number 1358241 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 faithfully