Harbour Dues

Summary

A request was made for details on outstanding harbour dues and enforcement actions for boats in Peel's Dry Dock. Although the initial response cited personal data exemptions, a subsequent letter disclosed specific vessel numbers, outstanding amounts, and enforcement status.

Key Facts

• The request concerned harbour dues for boats moored in the Dry Dock in Peel.
• Only one vessel (number 1197) had outstanding dues totaling £782.82 for the years 2017 to 2021.
• Six other vessels listed (1929, 4515, 464, 3090, 157, 094) had no outstanding dues.
• No enforcement action has been taken against the registered owner of the vessel in arrears.
• The Department of Infrastructure initially withheld information citing personal data exemptions under the Data Protection Act 2002.

Data Disclosed

• 2491677
• 2022-06-13
• 2022-06-16
• 17 August 2022
• 1197
• £782.82
• 2017
• 2021
• 1929
• 4515
• 464
• 3090
• 157
• 094
• section 8
• section 39

Exemptions Cited

• Personal data of a person other than the requester
• Section 8 of the Data Protection Act 2002
• Section 39 of the Freedom of Information Act 2015 (qualified exemption)

Original Request

Apart from the current year's harbour dues which have not to date been approved by Tynwald, are any harbour dues outstanding for previous years for boats moored in the "Dry Dock" in Peel and if so - 1. How much is outstanding in respect of each of the vessels referred to and for which years; and 2. Has enforcement action been taken against the registered owners of the vessels concerned for the recovery of arrears?

Data Tables (1)

Data Tables (reformatted)

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: 2491677 17 August 2022

Dear ###

We write further to your request which was received on 13 June 2022 and which states:

"Apart from the current year's harbour dues which have not to date been approved by Tynwald, are any harbour dues outstanding for previous years for boats moored in the "Dry Dock" in Peel and if so - 1. How much is outstanding in respect of each of the vessels referred to and for which years; and 2. Has enforcement action been taken against the registered owners of the vessels concerned for the recovery of arrears?"

Our response to your request is as follows: 1. Boat number and dues associated are as follows: 1929 – Nil 1197 – £782.82 (2017 – 2021) 4515 – Nil 464 – Nil 3090 – Nil 157 – Nil 094 – Nil 2. No enforcement action has been taken against the registered owner that is in arrears.

Please quote the reference number 2491677 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

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: 2491677 16 June 2022

Dear ###

We write further to your request which was received on 13 June 2022 and which states:

"Apart from the current year's harbour dues which have not to date been approved by Tynwald, are any harbour dues outstanding for previous years for boats moored in the "Dry Dock" in Peel and if so - 1. How much is outstanding in respect of each of the vessels referred to and for which years; and 2. Has enforcement action been taken against the registered owners of the vessels concerned for the recovery of arrears?"

While our aim is to provide information whenever possible, in this instance the information is exempt as it constitutes personal data of a person other than you and under section 8 of the Data Protection Act 2002 the data subject would be entitled to prevent disclosure of the information to a member of the public otherwise than under that Act.

As section 39 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. The matters which were considered in applying the public interest test are as follows:

Factors in favour of disclosure • Government transparency.

Factors in favour of withholding • Disclosure likely to cause distress. • No benefit to the public at large.

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 2491677 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