Replacement CRHS and Southern Swimming Pool

Summary

The applicant requested plans, cost estimates, and meeting minutes regarding the replacement of Castle Rushen High School and the Southern Swimming Pool. The Treasury withheld all information, citing that plans were already publicly accessible via another FOI response and that cost estimates were exempt to protect commercial interests.

Key Facts

• The request was made to the Treasury on 2021-05-04 regarding CRHS and Southern Swimming Pool redevelopment.
• Plans for the CRHS replacement were deemed already reasonably accessible via a separate FOI response from the Department for Education, Sport and Culture (DESC).
• Cost estimates for both the CRHS building and the swimming pool were withheld under Section 30(2)(b) to prevent prejudice to commercial interests.
• Meeting minutes and notes regarding the inclusion or exclusion of a swimming pool since 2010 were not disclosed.
• The outcome was determined on 2021-06-18 with no information sent as all held data was exempt.

Data Disclosed

• 2021-05-04
• 2021-06-18
• 1776955
• 1776954
• October 2017
• 2019
• 2010
• Section 20
• Section 30(2)(b)

Exemptions Cited

• Section 20: Information accessible to applicant by other means
• Section 30(2)(b): Prejudice to commercial interests

Original Request

We would like to request any plans and cost estimates (held electronically or on paper), in draft or final format, pertaining to the replacement building for CRHS, whether they include a replacement swimming pool or not. Please ensure the dates of any plans are clearly shown. If separate plans are held regarding a pool replacement, please supply copies of those. If any plans are held as outline plans only, please supply copies of those. We would also like to request the minutes, notes or other record from any meeting (either electronic or on paper) relating to discussions about the inclusion or exclusion of a replacement swimming pool with the new CRHS replacement project generated since 2010. We also request any estimate of costs of a replacement pool including any business case or justification for the costs, whether prepared by DESC, Treasury or a third party.

Data Tables (1)

Full Response Text

Freedom of Information Seyrsnys Fysseree

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

Telephone: (01624) 685605 Email: FOI.Treasury@gov.im

Government Website: www.gov.im

Our ref: 1776955 18 June 2021

Dear ###

I write further to your recent request for information and our subsequent correspondence.
In order to consider your request, we have broken it down into its various parts as follows – 1) We would like to request any – i) plans and ii) cost estimates (held electronically or on paper), in draft or final format, pertaining to the replacement building for CRHS, whether they include a replacement swimming pool or not. Please ensure the dates of any plans are clearly shown. If separate plans are held regarding a pool replacement, please supply copies of those. If any plans are held as outline plans only, please supply copies of those. 2) We would also like to request the minutes, notes or other record from any meeting (either electronic or on paper) relating to discussions about the inclusion or exclusion of a replacement swimming pool with the new CRHS replacement project generated since 2010. 3) We also request any estimate of costs of a replacement pool including any business case or justification for the costs, whether prepared by DESC, Treasury or a third party. Thank you for clarifying that your reference to the “replacement building for CRHS” relates to the capital project for the redevelopment of Castle Rushen High School (CRHS). Thank you also for clarifying that you are interested in indicative plans along with any detailed architectural plans we may hold.
Our response to this request has been impacted by the recent disclosure of some of the information we hold by the Department for Education, Sport and Culture (DESC) in response to another FOI request with Case ID 1776954 (“DESC’s FOI response”). This response and related information can be found on the FOI disclosure log here. Under the section 20 of the legislation (information accessible to applicant by other means), we are not required to disclose information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. Section 20 of the Act is an absolute exemption. You will note that in some areas of our response we have applied this

exemption and we have indicated where the information we hold can be located within the DESC’s FOI response. The following response breaks down your request into its relevant parts. We have addressed your request for the disclosure of cost estimates under parts 1.ii and 3 of your request together. Part 1.i – Plans for a replacement building at CRHS In relation to part 1.i of your request, while our aim is to provide information whenever possible, under section 20 of the Act (information accessible to applicant by other means), we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information we hold that is subject to disclosure to you under this part of your request is already reasonably accessible to you. The plans we hold for the CRHS development that are subject to disclosure to you were located in the following documents – • Document entitled: “CRHS Presentation to Treasury”, dated October 2017 • Document entitled, New Castle Rushen High School, Strategic Brief 2019 • Document entitled, New Castle Rushen High School, Strategic Brief 2019, Treasury Presentation All of these plans have been disclosed as part of DESC’s FOI response. The relevant information can be found in the pdf document attached to DESC’s FOI response entitled, “Plans of the new Castle Rushen High School” as follows – - Pages 2 & 3 - Pages 6 to 13. Part 1.ii – Cost estimates for a replacement building & Part 3. Cost estimates for a replacement swimming pool Parts 1.ii and 3 of your request ask for the disclosure of cost information relating to a replacement building at CRHS and a replacement swimming pool.
Whilst our aim is to provide information whenever possible, in this instance the information we hold pertaining to costs estimates for the replacement CRHS and a replacement swimming pool is exempt from disclosure under section 30(2)(b) of the Act as disclosure would, or would likely, prejudice the commercial interests of the DESC. The capital project for CRHS is a future scheme in Government’s capital programme. There is also a future scheme in the capital programme for Southern Swimming Pool. As these are future schemes, the respective tender exercises for the capital project works have not yet been undertaken. It is in the DESC’s interests to ensure that when the tender exercises for these projects do take place, those organisations bidding for the work provide accurate and representative cost estimates for the project work. Such bids should not be influenced by information on how much the DESC anticipates the project work will cost. We are satisfied that releasing cost estimates for a capital project that has not yet been subject to a tender exercise, would likely harm the ability of the DESC to conduct a sound tender exercise and to achieve the best competitive bid for the project work. You may be aware that the Treasury does not disclose costs of future capital projects in the Isle of Man budget each year for this reason. In respect of the future schemes for the redevelopment of CRHS and Southern Swimming Pool, you will see at page 118 of this year’s

Budget that projected costs for these projects are not disclosed (lines 2 and 11 of the table refer). As section 30 of the Act 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 • Disclosure of the information would support transparency and promote openness and accountability to the general public. • The costs generated so far are not the final costs. Factors in favour of maintaining the exemption • The exemption is time sensitive, at the point in time the tender exercise is complete and an organisation has been appointed to undertake the work it may be possible to disclose the information. • Protection of the public purse. There is a public interest in ensuring Government achieves value for money when purchasing services for a capital project. It is not in the public interest for information to be disclosed that could impact Government expenditure. • Disclosure of the information could impact the bids received through the tender exercise, with the cost of the works either being over or underestimated by those bidding for the works, which could have an impact on the overall outcome of the project works. • Disclosure may set a precedent for estimated costings to be disclosed by Government pre-tender exercise. The cumulative impact of this on Government’s ability to achieve value for money when purchasing services could be substantial and this would not be in the public interest. In taking these factors into account, the Treasury is satisfied that the factors in favour of maintaining the exemption outweigh the factors in favour of the disclosure of the information. Part 2 – Minutes, notes etc., pertaining to the inclusion or exclusion of a swimming pool within the CRHS development project All of the information we hold that is subject to disclosure to you under part 2 of your request is already reasonably accessible to you. While our aim is to provide information whenever possible, under section 20 of the Act (information accessible to applicant by other means) we are not required to provide this information to you in this instance. The information we hold is contained in an email exchange between the Treasury and the DESC dated 21 and 25 June 2019, entitled: CRHS STRATEGIC BRIEF. This information was published as part of DESC’s FOI response as follows - • pages 3 and 4 of the pdf attached to this case entitled, “Discussion re: replacement pool”, and • on page 2 of the pdf attached to this case entitled “Costs of a replacement pool”. Part 3 – Costs estimates, justification, business cases, for a replacement pool In respect of part 3 of your request, there is some cross-over in the information we hold that relates to this part of your request and part 1.i of your request.

Specifically, some of the information contained in the Document entitled, New Castle Rushen High School, Strategic Brief 2019, Treasury Presentation; is also subject to disclosure to you under this part of your request. However, this information is already reasonably accessible to you. It was published at pages 9 to 13 of the pdf document attached to the DESC’s FOI response entitled, “Plans of the new Castle Rushen High School”. Consequently, we are not required to disclose this information to you in response to this request and the absolute exemption found under section 20 of the Act is engaged (information accessible to applicant by other means). In relation to your request for cost information relating to a replacement swimming pool the disclosure of this information to you is discussed earlier in this response letter. Please quote the reference number 1776955 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 Coordinator, the Treasury