Heathrow

Summary

A request was made for a weekly breakdown of payments made to underwrite Loganair's Heathrow route from May to October 2022. The Department of Infrastructure refused to disclose the information, citing exemptions related to commercial interests.

Key Facts

• The request was received on 2022-10-05 and responded to on 2022-10-17.
• The Department for Enterprise previously stated it did not hold the requested information.
• The Department of Infrastructure confirmed it holds the information but refused to release it.
• The refusal was based on the public interest test weighing commercial prejudice against transparency.
• The requester has the right to an internal review or appeal to the Information Commissioner.

Data Disclosed

• 2022-10-05
• 2022-10-17
• May
• October 4 2022
• 2694889
• section 30

Exemptions Cited

• Section 30 of the Freedom of Information Act 2015 (Prejudice to commercial interests)

Original Request

I seek a weekly breakdown of the total amount paid to underwrite Loganair's Heathrow route since it was introduced in May, up to October 4 2022. The Department for Enterprise said it did not hold this information, but said the DoI might.

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: 2694889 17 October 2022

Dear ###

We write further to your request which was received on 5 October 2022 and which states:

"I seek a weekly breakdown of the total amount paid to underwrite Loganair's Heathrow route since it was introduced in May, up to October 4 2022. The Department for Enterprise said it did not hold this information, but said the DoI might."

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 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 by disclosing the information.

Factors in favour of withholding • Disclosure would be likely to prejudice the commercial interests of the Department if a similar agreement needed to be reached in future. • Public disclosure of the information may damage the working relationship between Loganair and the Department. • The need to protect the commercial interests of the private sector, which plays an important role in the general health of the island's economy.

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 2694889 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