Marine Drive Road Closure Proposal consultation

Summary

A request was made for responses to the Marine Drive Road Closure Proposal consultation, but the Department of Infrastructure withheld all information citing a qualified exemption.

Key Facts

• The consultation ran from 23 February 2021 to 6 April 2021.
• The Department of Infrastructure refused to release the consultation responses.
• The refusal was based on Section 41 of the Freedom of Information Act 2015.
• The authority determined that the public interest in withholding the information outweighed the interest in disclosure.
• The findings and conclusions of the consultation are planned to be published in the coming months.

Data Disclosed

• 23 Feb 2021
• 6 Apr 2021
• 20 May 2021
• 21 June 2021
• 1802905
• Section 41
• Freedom of Information Act 2015

Exemptions Cited

• Section 41 of the Freedom of Information Act 2015 (Information provided in confidence)

Original Request

Good day, please could you send me the responses to the Marine Drive Road Closure Proposal consultation which were emailed to doiconsultation@gov.im and sent to the postal address noted on the consultation which ran from 23 Feb 2021 to Closed 6 Apr 2021. Thank you

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team/AD/MF Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 1802905 21 June 2021

Dear ###

We write further to your request which was received on 20 May 2021 and which states (sic):

"Good day, please could you send me the responses to the Marine Drive Road Closure Proposal consultation which were emailed to doiconsultation@gov.im and sent to the postal address noted on the consultation which ran from 23 Feb 2021 to Closed 6 Apr 2021. "

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 41 of the Act as the findings of the consultation and conclusion are planned to be published in the coming months and in all the circumstances it is reasonable that the information be withheld from disclosure until that time.

As section 41 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 Promoting transparency and openness in Government processes

Factors in favour of withholding • The process of research and analysis involving the consultation responses has not been completed. Early disclosure of the consultation responses could result in the conclusion, and proposed actions to be taken, to be influenced prior to the completion of the investigation. • The results of the consultation are planned to be published within a reasonable timeframe. • Early disclosure of information could result in third parties manipulating the information to create a fractious environment around the consultation subject. • The early disclosure of the information could impede the Government's usual conduct of business by interrupting the deliberation and analysis period.

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

Please quote the reference number 1802905 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