Tram Derailment

Summary

A request was made for reports regarding a tram derailment on July 16, 2021, but the Department of Infrastructure withheld all information citing an ongoing investigation.

Key Facts

• The request concerned a MER tram derailment that occurred on July 16, 2021.
• The Department of Infrastructure refused to release any reports or information.
• The refusal was based on Section 31 of the Freedom of Information Act 2015.
• The authority determined that the public interest in maintaining the exemption outweighed the interest in disclosure.
• The request was formally closed on May 19, 2022.

Data Disclosed

• 2405285
• 2022-04-25
• 2022-05-19
• July 16 2021
• Section 31
• 2 pages
• 1 document

Exemptions Cited

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

Original Request

I seek the publication of any and all reports stemming from investigations conducted into the derailment of a MER tram on July 16 2021.

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: 2405285 19 May 2022

Dear ###

We write further to your request which was received on 25 April 2022 and which states:

"I seek the publication of any and all reports stemming from investigations conducted into the derailment of a MER tram on July 16 2021."

While our aim is to provide information whenever possible, in this instance all of the information is exempt from disclosure pursuant to section 31 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. • Revealing information from confidential sources now may affect future confidential sources coming forward. • 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 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 2405285 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