Curragh Road (A3) road crossing (Heritage Trail / Former Railway Line)

Summary

A request was made for documentation regarding the design, safety, and installation of a pink crossing and gates at the Curragh Road Heritage Trail. The Department of Infrastructure withheld all requested information, citing an exemption related to ongoing legal proceedings.

Key Facts

• The request concerned the Curragh Road (A3) crossing on the Heritage Trail, including the pink crossing design and gate installations.
• The Department of Infrastructure confirmed they hold the information but refused to disclose it.
• The refusal was based on Section 31 of the Freedom of Information Act due to ongoing investigations or legal proceedings.
• The authority apologized for a two-day delay in responding to the request.
• The response included a public interest test weighing transparency against the need to protect legal proceedings.

Data Disclosed

• 1634321
• 2021-01-18
• 2021-02-18
• Section 31
• July 2020
• 6 months

Exemptions Cited

• Section 31 of the Act (ongoing investigation/legal proceedings)

Original Request

This request relates to the Heritage Trail (Former Railway Line) at Curragh Road, St Johns the A3, the pink 'crossing' and associated historic documentation regarding the gates at this location. This request covers the entire area of the junction and includes the work to remove the lay-by in the entrance to the amenity site and to replace this with a path leading to the pink crossing. Please supply: 1. Pink Crossing: How and why this design came about and all documents relating to it. All documentation with regard the installation of the 'pink' crossing. A copy of the Highway Engineers Report in to the design and build of the 'crossing'. This includes the design plans. Does the pink crossing comply with any instrument such as the Traffic Signs and General Directions Regulations? 2. All information on record, regarding the gates at the crossing - including documentation regarding the former gates that were removed. This to include a copy of the decision to remove the gate on the Douglas side of the crossing and any documents relating to it. 3. All documentation (including DOI Facebook documentation) during which comments were made. 4. A copy of the Highway instrument that gives this pink crossing 'effect'. 5. A copy of the decision notice to install lines on the railway line at the junction and why 6 months on these lines have never appeared. (DOI posted on their facebook post around start of July 2020, that lines were going in, they have never appeared). 6. A list of all concerns that were raised as to the safety of this installation - this includes concerns raised directly to the DOI on their Facebook page. 7. Documentation as to the gates that are now installed along the length of the Line (the gates that don't meet in the middle) - the design and documentation relating to why they are being installed in this manner and why they do not securely close. 8. Information as to why there is no warning to motorists that there is a crossing (of sorts) at this location. 13. All Documents relating to the installation, then subsequent removal of the yellow warning strips that were placed on the road on approaches to where the old railway line crosses the A3 at this location.

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: 1634321 18 February 2021

Dear ###

We write further to your request which was received on 18 January 2021 and would like to apologise that our response is two days late. Your request states (sic):

"This request relates to the Heritage Trail (Former Railway Line) at Curragh Road, St Johns the A3, the pink 'crossing' and associated historic documentation regarding the gates at this location. This request covers the entire area of the junction and includes the work to remove the lay-by in the entrance to the amenity site and to replace this with a path leading to the pink crossing. Please supply: 1. Pink Crossing: How and why this design came about and all documents relating to it. All documentation with regard the installation of the 'pink' crossing. A copy of the Highway Engineers Report in to the design and build of the 'crossing'. This includes the design plans. Does the pink crossing comply with any instrument such as the Traffic Signs and General Directions Regulations? 2. All information on record, regarding the gates at the crossing - including documentation regarding the former gates that were removed. This to include a copy of the decision to remove the gate on the Douglas side of the crossing and any documents relating to it. 3. All documentation (including DOI Facebook documentation) during which comments were made. 4. A copy of the Highway instrument that gives this pink crossing 'effect'. 5. A copy of the decision notice to install lines on the railway line at the junction and why 6 months on these lines have never appeared. (DOI posted on their facebook post around start of July 2020, that lines were going in, they have never appeared). 6. A list of all concerns that were raised as to the safety of this installation - this includes concerns raised directly to the DOI on their Facebook page. 7. Documentation as to the gates that are now installed along the length of the Line (the gates that don't meet in the middle) - the design and documentation relating to why they are being installed in this manner and why they do not securely close. 8. Information as to why there is no warning to motorists that there is a crossing (of sorts) at this location. 13. All Documents relating to the installation, then subsequent removal of the yellow warning strips that were placed on the road on approaches to where the old railway line crosses the A3 at this location."

While our aim is to provide information whenever possible, in this instance all of the information requested is exempt from disclosure pursuant to section 31 of the Act as the information is or may be required in an ongoing investigation/legal proceedings.
This 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 and openness by disclosing the information • Justifiable concern about an investigation

Factors in favour of withholding • Public confidence requires processes to deliver justice effectively • Law enforcement could be jeopardised and the integrity and effectiveness of the investigation undermined • Disclosure could be unfair to a suspect against whom there is no real evidence. • Disclosure could affect the willingness of individuals to give evidence • Revealing information from confidential sources now may affect future confidential sources coming forward • Early disclosure can affect the value of information obtained from confidential sources • While investigations and prosecutions are ongoing, public authorities require a safe space in which to operate and premature disclosure would present problems for the judicial process • The stage the investigation is at (at a sensitive time) • The outcome of an investigation or proceeding will be at risk

In taking these factors into account the Department has determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 1634321 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