Steam Packet Report

Summary

The request sought a specific Steam Packet report on Coronavirus and related correspondence from the Treasury. The Treasury withheld the report and correspondence under a public business exemption to protect an ongoing independent review, though it confirmed the report will be published later as part of that review's final conclusion.

Key Facts

• The requested Steam Packet report was commissioned around 18 February 2021 and received around 24 February 2021.
• The information is currently exempt because its disclosure would prejudice the effectiveness of the Independent Review of Isle of Man Steam Packet Company.
• The Treasury confirmed the report will be included in the independent review's concluding report, subject to redactions.
• The exemption is time-sensitive and will fall away once the independent review is concluded and published.
• Releasing the report without the context of the full review could mislead the public.

Data Disclosed

• 17 March 2021
• 18 February 2021
• 24 February 2021
• 30 April 2021
• 19 March 2021
• section 35(c)
• Paragraph 6
• Paragraph 6.v
• Paragraph 9
• 1713397

Exemptions Cited

• Section 35(c) of the Freedom of Information Act 2015 (conduct of public business)

Original Request

Please send me: 1) A copy of the Steam Packet report commissioned by the Treasury on/around 18th February 2021 and subsequently received by the Treasury on/around 24th February 2021 relating to Coronavirus. 2) All records of correspondence between the Treasury and the Steam Packet relating to this report, including the request commissioning the report, and any other communication before the report was commissioned, while the report was being prepared, and after the report was delivered to Treasury.

Data Tables (5)

Full Response Text

The Treasury

Yn Tashtey

Date: 30 April 2021

Dear xx

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 17 March 2021 which asked for the following information –

1) A copy of the Steam Packet report commissioned by the Treasury on/around 18 February 2021 and subsequently received by the Treasury on/around 24th February 2021 relating to Coronavirus 2) All records of correspondence between the Treasury and the Steam Packet relating to this report, including the request commissioning the report, and any other communication before the report was commissioned, while the report was being prepared, and after the report was delivered to Treasury.

In respect of your request, my email to you of 19 March 2021 explained that the range of information you had requested had also been submitted by Treasury to the Independent Review of Isle of Man Steam Packet Company (the “independent review”). I also provided you with a link to the Terms of Reference (TOR) for that review.

Part 1 While our aim is to provide information whenever possible, in this instance the information you have requested under the first part of your request, the “Steam Packet’s report”, is exempt from disclosure under section 35(c) of the Act (conduct of public business) as disclosure would, or would likely, otherwise prejudice the effective conduct of public business.

Freedom of Information Seyrsnys Fysseree

The Treasury Government Office,
Douglas Isle of Man,
British Isles IM1 3PU

Email: FOI.Treasury@gov.im Government Website: www.gov.im

Our Reference: 1713397

xx

The Cabinet Office has established the independent review for the following purpose –

1

To achieve this, the independent review must assess all available information and must report to the Chief Minister and Council of Ministers impartially and without prejudice.
In this instance, we are satisfied that disclosure of the Steam Packet’s report ahead of the conclusion of the independent review would undermine the effectiveness of the independent review process.

Paragraph 6 of the TORs sets out the range of information that the independent review was required to collate and assess. The sensitivity of each piece of information collated by the independent review will differ, for example, depending on whether or not the information is already in the public domain and depending on how directly relevant the information is to the specific matters upon which the independent review is to report.

The Steam Packet’s report is not in the public domain at this time and it is directly relevant to the matters upon which the independent review is required to report.
Paragraph 6.v to the TOR describes the Steam Packet’s report and highlights this connection.

The Treasury is therefore satisfied that the Steam Packet’s report carries a high degree of sensitivity at this time and its disclosure ahead of the conclusion of the independent review would undermine the effectiveness of the independent review process.
Consequently, we are satisfied that an exemption under section 35(c) of the Act (conduct of public business) applies in this instance.

Although an exemption has been applied to the disclosure of the Steam Packet’s report it is only applicable for the time prior to the publication of the independent review’s concluding report. I can advise you that we understand that Steam Packet’s report will be included within the independent review’s concluding report (subject to necessary redactions being applied) and, as you may be aware, a commitment has been made to publish the concluding report.

As section 35 is a qualified exemption, a public interest test is required to assess whether the public interest in maintaining the exemption outweighs the public interest in disclosure –

Factors in favour of maintaining the exemption Factors in favour of disclosure The application of the exemption is time- sensitive and will fall away upon the conclusion of the independent review which is imminent. There is a high degree of public interest in the Steam Packet’s report.

1 Paragraph 9 to the TORs The Treasury has been made aware that the Steam Packet’s report will be published as part of the independent review’s concluding report, which is expected to be finalised and published shortly.

The Steam Packet’s report will likely be a crucial piece of information considered as part of the independent review which is currently live.

Releasing a single piece of information without context, could mislead the public as to matters that are being considered as part of the independent review.

Disclosure would undermine the importance of the independent review and set a future precedent whereby key information being considered in an independent review of this nature may be disclosed.

Taking into account the factors in favour of maintaining the exemption balanced against the factors in favour of disclosure, the Treasury has concluded to uphold the exemption.

Part 2 In relation to part two of your request, I attach at the appendix to this response items A to E which are subject to disclosure to you. These items are listed in the table below. Where information is exempt from disclosure it has been redacted from the relevant item. The exemptions applied are listed in the table below and are explained more fully in the paragraphs that follow.
Item A

(page 1)

Letter from Treasury to the IoMSPC dated 18 February 2021

Section 25 (absolutely exempt personal information) exemption applied to information contained in the letter dated 24 February 2021.

Item B

(page 2 & 3)

Two emails between Treasury and IoMSPC dated 20 and 22 February 2021 Section 35(c) (Conduct of public business) exemption applied to information in the email dated 20 February 2021.

Item C

(page 4 to 6)

Email from IoMSPC to Treasury dated 24 February 2021

Section 35(c) (Conduct of public business) exemption applied to information in the letter dated 24 February 2021.

Section 25 (absolutely exempt personal information) exemption applied to information contained in the letter dated 24 February 2021.

Section 35(c) (Conduct of public business) exemption applied to disclosure of the Steam Packet’s report Item D

Page 7 & 8)

Email from IoMSPC to Treasury dated 26 February 2021 Section 35(c) (Conduct of public business) exemption applied to information in the email dated 26 February 2021.

In respect of items A, C and E we are unable to provide some of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that –

• The Treasury is satisfied that the information amounts to personal data of which you are not the data subject; and
• The Treasury is satisfied that disclosure of the information would contravene one of the data protection principles as set out at 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 Treasury 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.

In respect of item C, one of the documents attached to the email is a copy of the Steam Packet’s report. This document is exempt from disclosure under section 35(c) of the Act (conduct of public business). The rationale for the application of the section 35(c) exemption to the Steam Packet’s report, and associated public interest test, are provided under part 1 of this response letter. Please note that we have only included page 1 of the 16 page report in our response to you however I can confirm that the full 16 page report, excluding the report appendices, was attached to the email.

In respect of items B, C and D, some of the information you have requested is exempt from disclosure under section 35(c) of the Act (conduct of public business). We are satisfied that disclosure of the information at this time would, or would likely, otherwise prejudice the effective conduct of public business.

The information to which the exemption applies are clear statements in relation to the IoMSPC’s position in relation to core elements of the independent review. The information therefore carries a high degree of sensitivity at this time and is directly relevant to the matters under consideration by the independent review. The information is not otherwise in the public domain.

As noted earlier, this information has been submitted by Treasury to the independent review, which is ongoing.

The independent review must assess all available information and must report to the Chief Minister and Council of Ministers impartially and without prejudice. In this instance, we are satisfied that disclosure of clear statements in relation to the IoMSPC’s position in relation to core elements of the independent review Prior to the conclusion of the independent review, would undermine the effectiveness of the independent review process.

Item E

(page 9 & 10)

Email from IoMSPC to Treasury dated 8 March 2021 Section 25 (absolutely exempt personal information) exemption applied to information contained in the letter dated 5 March 2021.

As section 35 is a qualified exemption, a public interest test is required to assess whether the public interest in maintaining the exemption outweighs the public interest in disclosure –

Factors in favour of maintaining the exemption Factors in favour of disclosure The application of the exemption is time- sensitive and will fall away upon the conclusion of the independent review, which is imminent. There is a high degree of public interest in the Steam Packet’s report. Releasing a single piece of information without context, could mislead the public as to matters that are being considered as part of the independent review.

Disclosure would undermine the importance of the independent review and set a future precedent whereby key information being considered in an independent review of this nature may be disclosed.

Taking into account the factors in favour of maintaining the exemption balanced against the factors in favour of disclosure, the Treasury has concluded to uphold the exemption.

In relation to item E, and so to avoid any misunderstanding, I can advise you that the letter was written to Treasury in its capacity as shareholder of the IoMSPC and relates to a request for a remuneration payments to be made by the IoMSPC.

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 to me at the above address.
An electronic version of our complaint form can be found at www.gov.im/foireview. 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.

Yours sincerely,

FOI Coordinator, the Treasury