Peel Marina dredging & Raggatt Leachate

Summary

The Department of Environment, Food and Agriculture stated it does not hold specific data regarding Peel Marina dredging and Raggatt Leachate disposal, referring those queries to the Department of Infrastructure. Information regarding policy formulation for these issues was withheld under FOI exemptions due to ongoing reviews and cross-departmental work.

Key Facts

• The Department of Environment, Food and Agriculture does not hold information on sludge removal, weight, transport, or disposal for Peel Marina.
• The Department of Infrastructure is identified as the likely holder of information regarding Marina dredging and Raggatt Leachate transport.
• A cross-department working group was established in May 2017 to develop a policy for dealing with materials from Peel Marina.
• Consultants were appointed in January 2015 to review leachate production, with parameters expanding since then.
• No timescale has been set for the completion of the policy development work.

Data Disclosed

• 2017-07-08
• 2017-08-10
• May 2016
• May 2017
• January 2015
• Ref: IM94414I
• Section 34
• Section 35

Exemptions Cited

• Section 34 (Formulation of Policy)
• Section 35 (Conduct of Public Business)

Data Tables (1)

Full Response Text

Page 1 of 5

Department of Environment, Food and Agriculture

Rheynn Chymmyltaght, Bee as Eirinys

10th August 2017

Dear ,

Freedom of Information Act 2015 (FoIA) Ref: IM94414I Peel Marina dredging and Raggatt Leachate

Thank you for your request of the 8th July. You asked: “1. Has any sludge been removed from the maina [sic] during the last 12 Months?
2. How much in weight or volume was Removed?
3. Who moved it. 4. Has tests been taken for an annylasis [sic] for heavy Metals? Can you please provide that anaylisis [sic]
5. Where is the sludge Now?
6. How it is intended to dispose of the sludge removed from the Marina? 7. Has any of the sludge entered the sea Already?
8. How many gallons and or number of Vechichles [sic] with the liquid capacity that has transported leachate from the Raggart [sic] receptor tank? 9. Has an analysis been carried out on the leachate if so what we're the Results?
10. Where is this leachate disposed of.”

Response to Q 1,2,3,5,6,7,8 and 10

Our aim is to provide information wherever possible. In this instance however, the Department does not hold or cannot, after taking reasonable steps to do so, find any specific information to answer your questions.

We believe that the Department of Infrastructure (DoI) may hold information relating to these parts of your request. If you wish to submit a Freedom of Information request to the DoI guidance on how this can be done is available here https://www.gov.im/about-the- government/freedom-of-information/

Freedom of Information
Co-ordinator Corporate Services Directorate, Thie Slieau Whallian, Foxdale Road,
St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im
www.gov.im

Quoting Ref: IM94414I Your Ref:

Page 2 of 5

Response to Q 4 and 9

The Department would like to direct you to a previous Freedom of Information response (from May 2016) here https://www.gov.im/media/1352156/raggatt-leachate-request-and-review- disclosure-logv2.pdf in relation to the disposal of Raggatt Leachate.

At that time, although some information was released, the policy to manage this discharge was being reviewed and was the subject of formulation and development by the Departments involved (mainly the Department of Infrastructure (DoI), with assistance from the Department of Environment, Food & Agriculture (DEFA)) in order to find the best practicable environmental option.

Since then the Department of Infrastructure has been actively progressing a policy response to the issue of dealing with materials from Peel Marina. To this end a cross-department working group was set up in May 2017. The group meets monthly and is co-ordinating how best to resolve these issues. The work is complex and involves multi-disciplinary input so numerous additional studies have been commissioned and workstreams established to ensure the group is fully informed of challenges and potential solutions before a policy response is formulated. For that reason, it is not yet possible to give a timescale for the completion of this work, but please be assured that the importance of this topic is at the forefront of the work taking place. While our aim is to provide information wherever possible, in this instance and for the above reason, information is being withheld under Section 34 (Formulation of Policy) and Section 35 (Conduct of Public Business) of the FoIA. Due to the ongoing development of this policy, although time and policy development have moved on since last year, the policy for disposal of the arisings from both Peel Marina and the old Raggatt tip has not yet been finalised or agreed. Most of the arguments and considerations are the same now as they were last year. The arguments, considerations and exemptions apply equally to the Peel Marina dredgings and the Raggatt Leachate. For clarity in relation to this request, I will repeat them below. Qualified exemption 34 (Formulation of policy) The reasoning behind the application of Section 34(1)(b)(i) is laid out below. 34 Formulation of policy
(1) Information is qualified exempt information if — (a)
(b) the information relates to —
(i) the formulation or development of government policy;

Some of the considerations were: • Would the prospect of release lead to civil servants defending everything that is or has been raised during deliberation (in anticipation, for example, of certain things being later discounted)? - probably • Is the intention of government to make a real change? – yes • The timing of the request is fundamental. This disposal policy is currently the subject of a review. Consultants were appointed in January 2015 to review the leachate production. The parameters of the review have since expanded, and are the subject of continuing research. It will take some time to gather the data and information required to make an informed decision. A cross-department working group was set up in May 2017 to progress a policy to deal with the Peel Marina materials.
Page 3 of 5

In assessing where the Public Interest lies in relation to Section 34 of the FoIA and the release of this information the following factors have been considered.

Factors in favour of disclosure are: • There is a public interest in disclosing all of the factual information used to provide an informed back-ground to the consideration of the disposal of the leachate. • Without knowing all of the factual information stakeholders may put great effort into considering certain courses of action which, for reasons unknown to them, are not possible. • There is significant interest in allowing public scrutiny of the details and options for disposal while consideration of the disposal policy is still in the public consciousness.
• Public participation in consideration of the disposal policy is appropriate and desirable, in the sense of permitting people to contribute to the policy prior to a final decision. • Without full public participation in this policy decision, certain individuals or groups may enjoy influence in the policy making process which would be denied to others. • Without full involvement of all stakeholders there is a chance of the full range of options and information not having been considered before a decision is made. Factors in favour of maintaining the exemption and withholding the information are: • To preserve a safe space to debate current issues away from external interference and distraction.
• Public exposure of the information in its entirety at this time may compromise and prejudice candid and robust discussions, the exploration of extreme options, the keeping of detailed records and the taking of hard choices. • The need to maintain a safe space for discussion, allowing free and frank exchanges of opinions and considerations.
• This disposal policy is currently subject to active consideration and discussion.
Based on this request and having balanced the factors in favour of disclosure with those in favour of maintaining the exemption we consider that the public interest in maintaining the exemption for Section 34 Formulation of Policy outweighs the public interest in disclosure. Some information has consequently been withheld. Qualified exemption 35 (Conduct of public business) The reasoning behind the application of Section 35(b) is laid out below. 35 Conduct of public business
Information is qualified exempt information if its disclosure would, or would be likely —

(a)
(b) to inhibit —
(i) the free and frank provision of advice; or
(ii) the free and frank exchange of views for the purposes of deliberation; or
(c)

Page 4 of 5

As mentioned earlier the disposal of this leachate is currently being reviewed. Part of the review process is the gathering of data and exchange of views, opinions and experiences. Due to the sensitive nature of this issue if the withheld information was to be released now, before the data gathering is complete and the full picture is known it may lead to undue pressure being brought to bear on officers or political members. This would then be likely to prejudice or cause harm to the decision making process.

In assessing where the Public Interest lies in relation to Section 35 of the FoIA and the release of this information the following factors have been considered.

Factors in favour of disclosure are: • This is a particularly sensitive and complex issue and there may be a greater public interest than in more simple decisions. Cases such as this tend to be more important and full disclosure may dispel suspicions of spin and improve understanding. • Open policy making will increase trust in Government. • Increased confidence in the final disposal policy due to the decision making process having been more open and the data behind the final decision having been more open to challenge and scrutiny. Factors in favour of maintaining the exemption and withholding the information are: • Disclosure would be likely to inhibit the open, honest and complete expression of opinions or the exploration of extreme options, when advice is provided as part of the process of deliberation. The knowledge that such information may be disclosed could therefore impair the quality of decision making. • The Department needs a “safe space” in which to develop ideas or make decisions and disclosure may prejudice this and/or interfere with or distract from the process. • The matter is “live”.
Based on this request and having balanced the factors in favour of disclosure with the factors in favour of maintaining the exemption we consider that, in relation to some of the information held, the public interest in maintaining the exemption for Section 35 Conduct of Public Business outweighs the public interest in disclosure. Disclosure would be likely to: • inhibit the free and frank provision of advice and exchange of views for the purposes of deliberation.

The requested information has consequently been withheld.

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 to the sender of this letter at the address above. An electronic version of the relevant complaint form can be found by going to our website at https://www.gov.im/about-the-government/freedom-of-information/freedom-of- information-review-request. If you would like a paper version of the 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;