Promenade closure 30/01/21

Summary

A request was made for details on legal claims and settlements regarding the promenade closure on 30 January 2021, but the Department of Infrastructure withheld all information citing an ongoing investigation.

Key Facts

• The request concerned the promenade closure on 30 January 2021.
• The Department of Infrastructure received the request on 12 January 2022.
• The response was issued on 27 January 2022.
• No information regarding claims or settlements was disclosed.
• The exemption was applied because the information is required for an ongoing investigation.

Data Disclosed

• 30 January 2021
• 12 January 2022
• 27 January 2022
• 2188333
• Section 31(1)

Exemptions Cited

• Section 31(1) of the Freedom of Information Act 2015 (ongoing investigation/legal proceeding)

Original Request

Please could you answer the following in respect of the Department of Infrastructure (DOI) relating to, the hours leading up to, and subsequent closure, of the promenade on the 30th January 2021. How many claims, legal or otherwise did the DOI receive as a result of, and the hours leading up to, the closure of the promenade on the 30th January 2021? Is the DOI subject to any ongoing legal claims or procedings relating to the hours leading up to, and subsequent closure of promenade on the 30th January 2021? If the answer is yes to the above, how many are outstanding as of today's date? Has any claim been settled with any party, or a representative of that party, I'm relation to the hours leading up to, and subsequent closure, of the promenade on the 30th January 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/RH Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 2188333 27 January 2022

Dear ###

We write further to your request which was received on 12 January 2022 and which states (sic):

"Please could you answer the following in respect of the Department of Infrastructure (DOI) relating to, the hours leading up to, and subsequent closure, of the promenade on the 30th January 2021. How many claims, legal or otherwise did the DOI receive as a result of, and the hours leading up to, the closure of the promenade on the 30th January 2021? Is the DOI subject to any ongoing legal claims or procedings relating to the hours leading up to, and subsequent closure of promenade on the 30th January 2021? If the answer is yes to the above, how many are outstanding as of today's date? Has any claim been settled with any party, or a representative of that party, I'm relation to the hours leading up to, and subsequent closure, of the promenade on the 30th January 2021? Thank you."

Our response to your request is as follows: While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure pursuant to Section 31(1) of the Act as the information is or may be required in an ongoing investigation/legal proceeding. 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 affect the willingness of individuals to give evidence; • 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 of Infrastructure determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 2188333 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