Airport closure June 16th 2022

Summary

A request for details regarding a suspicious item that caused an airport closure on June 16, 2022, was denied by the Department of Infrastructure. The authority cited national security exemptions, stating that disclosing the nature of the item could compromise security measures and aid terrorist activities.

Key Facts

• The Department of Infrastructure refused to provide a fuller description of the suspicious item found in the baggage checking area.
• The refusal was based on Section 28 of the Freedom of Information Act, a prejudice-based exemption regarding national security.
• The authority argued that releasing the information could be used to aid those engaged in terrorist activities.
• The Department stated that financial costs resulting from the closure do not exist and reputational damage cannot be measured.
• Passengers were directed to existing EU regulations and the airport website for lists of prohibited items.

Data Disclosed

• 2547885
• June 16th 2022
• 2022-07-26
• 2022-08-19
• Section 28
• 2015/1998
• 5 November 2015
• 19th July 2022
• Question 17

Exemptions Cited

• Section 28 of the Act (National Security)

Original Request

Fuller description of the 'potentially suspicious item in the baggage checking area' that caused the airport and surrounding highways to be closed for a significant period of time. This information is important to the public so that all future potential users of the Airport are aware of the nature of what constituted this 'potentially suspicious item' so that they can ensure that they do not carry or present something of a similar nature in their baggage, and cause another period of disruption. The cumulative financial costs to both the public and Dept of Infrastructure, not to mention the reputational damage caused should not be ignored or taken lightly.

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: 2547885 19 August 2022

Dear ###

We write further to your request which was received on 26 July 2022 and which states:

"Fuller description of the 'potentially suspicious item in the baggage checking area' that caused the airport and surrounding highways to be closed for a significant period of time. This information is important to the public so that all future potential users of the Airport are aware of the nature of what constituted this 'potentially suspicious item' so that they can ensure that they do not carry or present something of a similar nature in their baggage, and cause another period of disruption. The cumulative financial costs to both the public and Dept of Infrastructure, not to mention the reputational damage caused should not be ignored or taken lightly."

While our aim is to provide information whenever possible, in this instance we are unable to provide the information requested because an exemption under section 28 of the Act applies.

Section 28 is a prejudice based exemption, only applying in instances where harm would or would be likely to occur. We are satisfied that disclosing details regarding a fuller description of the ‘potentially suspicious item in the baggage checking area’ that caused the Airport Closure on the 16th June 2022 would harm the national security of the Isle of Man. Our consideration of the prejudice and its likelihood of occurring, in respect of section 28(5)(a),(b) is that release of this into the public domain would compromise all security measures. Such information may be used to aid those engaged in terrorist activities. As section 28 is a qualified exemption, it is therefore subject to a public interest test. In assessing where the public interest lies in respect of section 28, the following factors have been considered: Factors in favour of disclosure: • To reassure public that the measures in place to safeguard national security are effective.

Factors in favour of withholding: • Increase of the likelihood of a terrorist incident leading to the loss of life/injury/damage to property, with the information disclosed used as a tool in the planning of an incident; • Disclosure may discourage organisations, such as the UK Department for Transport, from sharing information relating to aviation security with the Department; • Reputational harm to the Department and the Isle of Man generally as a consequence of a terrorist incident at the Airport; • The information does not serve the public interest. In taking these factors into account, the Department of Infrastructure has determined that the factors in favour of maintaining the exemption for a ‘fuller description’ of the ‘potentially suspicious item in the baggage checking area’ outweigh the factors in favour of disclosing the information. Financial costs as a result of the closure do not exist and ‘Reputational damage’ cannot be measured. Passengers can find up to date information regarding the list of prohibited items in the following locations: • COMMISSION IMPLEMENTING REGULATION (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security • The Airport website gives a guide to the security requirements for all passengers https://www.airport.im/security-airport-facilities/security-advice/ and also gives a link to Hand luggage restrictions at UK airports which applies to the IoM also https://www.gov.uk/hand-luggage-restrictions • Additionally all airlines serving the IoM have links to the prohibited items lists on their websites In addition details can be found on Hansard regarding the statement made in Tynwald on 19th July 2022 - Question 17 https://www.tynwald.org.im/business/hansard/20002020/t220719%20RHG.pdf

Please quote the reference number 2547885 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