Unpublished Responses to FOIA Requests
| Authority | Road Transport Licensing Committee |
|---|---|
| Date received | 2022-09-09 |
| Outcome | All information sent |
| Outcome date | 2022-09-20 |
| Case ID | 2620426 |
Summary
The request sought unpublished FOIA responses from the Road Transport Licensing Committee, which disclosed two specific past responses regarding meeting minutes and bus operating centre planning permissions. Both disclosed responses cited Section 20 exemptions, stating the information was either not held or already reasonably accessible to the applicant through other means.
Key Facts
- The Road Transport Licensing Committee (RTLC) responded to a request for unpublished FOIA responses by providing two specific letters.
- A request for meeting minutes since June 2018 was refused because the minutes were not yet transcribed, though recordings were available under formal procedures.
- A request for a list of Bus Vannin operating centres was refused under Section 20 as the information is already accessible via the RTLC office.
- The RTLC stated it does not hold information regarding planning permission status or appeals for operating centres.
- The overall outcome of the FOIA case was that all requested information was sent.
Data Disclosed
- 2022-09-09
- 2022-09-20
- 2015
- 11th January 2019
- June 2018
- 18th July 2018
- 6th February 2019
- 700566
- 19th June 2019
- 1st July 2019
- 861265
- 651563
- 651564
- 6 pages
- 2 documents
Exemptions Cited
- Section 20: Information accessible to applicant by other means
Original Request
Please provide copies of Responses made by you in relation to Requests for Information made under the Freedom of Information Act 2015 ("FOIA") , which you haven't included in the Disclosure Log here - https://services.gov.im/freedom-of-information/search from when the FOIA was introduced under the Appointed Day Order here - https://www.tynwald.org.im/links/tls/SD/2015-SD-0264.pdf to date.
Data Tables (1)
Full Response Text
Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS Tel: (01624) 651564 Email: rtlc@gov.im Website: www.gov.im/rtlc
Our ref: 700566 6th February 2019
Dear ###
We write further to your request which was received on 11th January 2019 and which states:
"Please can I have copies of all the minutes of RTLC meetings since June 2018 as they are not publically available on the RTLC website."
While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. The recordings of the minutes have not yet been fully transcribed and finalised, although you will notice that the minutes for 18th July 2018 have now been uploaded. There are however recordings of the meetings which can be made available to you under the “Formal procedures for meetings held in public of the Road Transport Licensing Committee” which state in paragraph 3 “The official recording of the meeting may be made available to those present at the meeting upon written request using the appropriate form and payment of any administrative fee.” As this information is already available to you it is absolutely exempt from release under the Freedom of Information Act under section 20: 20. Information accessible to applicant by other means (1) Information is absolutely exempt information if it is reasonably accessible to the applicant, whether free of charge or on payment, other than by requesting it under [the Freedom of Information Act] If you would like to request recordings of the meetings please contact the Secretary of the RTLC on 651563 or email noel.capewell@gov.im and please note there will be an administrative charge for this.
Please quote the reference number 700566 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 me and I 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
me.
Further information about freedom of information requests can be found at
www.gov.im/foi.
I will now close your request as of this date.
Yours sincerely
Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS Tel: (01624) 651564 Email: rtlc@gov.im Website: www.gov.im/rtlc
1st July 2019 Our ref: 861265
Dear ###,
We write further to your request which was received on the 19th June 2019 and which states:
"Can I please have a list of all the Department of Infrastructure/Bus Vannin Operating Centres solely relating to where they keep their vehicles when not in use and which operating centres currently have full planning permission in place and which are currently been fought through the appeal section of the planning department."
Response Can I please have a list of all the Department of Infrastructure/Bus Vannin Operating Centres? While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. Lists of all public passenger vehicle (PPV) Operating Centres are available by contacting the RTLC office using the details above during office hours. We can supply an electronic copy of either a register of PPV operators or a list of operator licences.
Which Operating Centres currently have full planning permission in place and which are currently been fought through the appeal section of the planning department? This information is not held by the RTLC as there is no requirement under the Road Transport Act 2001 for PPV Operating Centres to have planning approval. Under the FoI Code of Practice we have a duty to advise and assist and I suggest you contact the Department of Environment, Food & Agriculture who may be able to help with this part of your request. Please quote the reference number 861265 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 me and I 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
me.
Further information about freedom of information requests can be found at
www.gov.im/foi.
I will now close your request as of this date.
Yours sincerely
Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS Tel: (01624) 651564 Email: rtlc@gov.im Website: www.gov.im/rtlc
Our ref: 2620426 20th September 2022
Dear ###
We write further to your request which was received on 9th September 2022 and which states:
"Please provide copies of Responses made by you in relation to Requests for Information made under the Freedom of Information Act 2015 ("FOIA") , which you haven't included in the Disclosure Log here - https://services.gov.im/freedom-of-information/search from when the FOIA was introduced under the Appointed Day Order here - https://www.tynwald.org.im/links/tls/SD/2015-SD-0264.pdf to date."
Our response to your request is as follows: I have enclosed copies of the information that is being released to you.
Please quote the reference number 2620426 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 me and I 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 me. Further information about freedom of information requests can be found at www.gov.im/foi.
I will now close your request as of this date.