Cones in Braddan for Manx Grand Prix 2022

Summary

The requester asked for the full contract regarding the borrowing of Department of Infrastructure cones for the 2022 Manx Grand Prix and the collection deadline. The authority provided specific sections of the contract but withheld the full document citing commercial interests.

Key Facts

• Cones were placed in Braddan by course contractors to prevent parking during the Manx Grand Prix 2022.
• The Department of Infrastructure stated it is not responsible for collecting the cones back in.
• Specific sections of the contract were released in Appendix 1.
• The full contract was withheld to protect commercial interests and future tender procedures.
• The request was closed on 11 October 2022.

Data Disclosed

• 2614615
• 2022-09-07
• 2022-10-11
• Section 30(2)(b)
• 5 pages
• 2 documents

Exemptions Cited

• Section 30(2)(b) of the Act (Economy and Commercial Interests)

Original Request

Cones were placed around Braddan to prevent vehicles from parking during the Manx Grand Prix 2022. DOI has stated "the cones were placed by the course contractors as part of the schedule for the race meeting as set out by the Motorsport Management Team and are working to a time frame set out in the contract. They did utilise DOI cones however it is not the responsibility of Highways to collect these back in." Please provide a copy of the contract in relation to the borrowing of DOI cones and provide the date the cones are to be collected in by.

Data Tables (1)

Full Response Text

Appendix 1

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: 2614615 11 October 2022

Dear ###

We write further to your request which was received on 7 September 2022 and which states:

"Cones were placed around Braddan to prevent vehicles from parking during the Manx Grand Prix 2022. DOI has stated "the cones were placed by the course contractors as part of the schedule for the race meeting as set out by the Motorsport Management Team and are working to a time frame set out in the contract. They did utilise DOI cones however it is not the responsibility of Highways to collect these back in." Please provide a copy of the contract in relation to the borrowing of DOI cones and provide the date the cones are to be collected in by."

Our response to your request is as follows: While our aim is to provide information whenever possible, in this instance the Department of Infrastructure is unable to provide all of the information requested in the request, under Section 30(2)(b) of the Act (Economy and Commercial Interests). However, the specific sections of the contract referred to in the request are provided in Appendix 1 attached.

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act as disclosure would be likely to prejudice the commercial interests of person (including the Department of Infrastructure). As section 30 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

• Transparency and openness by disclosing the information.

Factors in favour of withholding • Disclosure would, or would be likely to, prejudice the commercial interests of a person (including the public authority holding it). • Harm to the commercial interests of the contractor • Disclosure may prejudice the ability of the department to carry out future tender procedures of a similar nature, release of commercial information could prejudice the Department's ability to carry out competitive tenders of future work.

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 2614615 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