Contractor payment Peel Dredging

Summary

A request was made for payment details regarding AD Bates Associates' work on the Peel Harbour Dredging Contract, but the Department of Infrastructure refused to disclose the information citing commercial interest exemptions.

Key Facts

• The request concerned payments made to AD Bates Partnership LLC for the Peel Harbour Dredging Contract.
• The Department of Infrastructure determined that all requested information was held but exempt from disclosure.
• The exemption was applied under Section 30 of the Freedom of Information Act 2015 regarding economy and commercial interests.
• The authority concluded that disclosure would likely harm the commercial interests of the contractor and the Isle of Man Government's future tendering processes.
• The public interest test determined that factors favoring withholding information outweighed those favoring transparency.

Data Disclosed

• 1776553
• 2021-05-04
• 2021-06-01
• Section 30
• Section 30(2)(b)
• IM1 2RF
• (01624) 686785

Exemptions Cited

• Section 30 of the Freedom of Information Act 2015 (Economy and Commercial Interests)
• Section 30(2)(b) (Prejudice-based exemption)

Original Request

Please may I request 'a Freedom of Information request for what AD Bates Associates have been paid for their work in conjunction with the Peel Harbour Dredging Contract? 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: 1776553 1 June 2021

Dear ###,

We write further to your request which was received on 4 May 2021, which states:

"Please may I request 'a Freedom of Information request for what AD Bates Associates have been paid for their work in conjunction with the Peel Harbour Dredging Contract? Thanks."

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act. Economy and Commercial Interests The amount paid to the AD Bates Partnership LLC (“ADBP”) in respect of the Peel Harbour Dredging Contract is exempt from disclosure under section 30 of the Act, which relates to economy and commercial interests. The reasons why this exemption applies 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 information would likely be harmful to the commercial interests of ADBP, in respect of any similar work that ADBP may tender for in future. We are also satisfied that harm to the economy would be likely to occur to the Isle of Man Government, when the Department invites future tenders for similar work. As section 30 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure • Transparency and openness by disclosing the information; • Accountability to the general public in respect of public expenditure.

Factors in favour of withholding • Harm to the commercial interests of ADBP; • Reputational damage to the DOI arising from disclosure of the information; • Damage to the working relationship and trust between ADBP and the DOI; • Damage to the economy of the IOM by releasing the information, if in future the tender exercise needed to be repeated this could put some contractors at an unfair advantage, and ADBP at a disadvantage.

Taking these factors into account, the Department of Infrastructure 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 1776553 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 sincerely

FOI Response Team