Bus Vannin AD&N 483 application

Summary

A request for legal advice and associated documents regarding the Bus Vannin AD&N 483 application was partially fulfilled, with legal advice withheld due to privilege and some personal data redacted.

Key Facts

• The Road Transport Licensing Committee (RTLC) received the FOI request on 13 December 2017.
• Legal advice was exempted under Section 40 of the Freedom of Information Act 2015 due to legal professional privilege.
• Associated application documents were released with personal information withheld under Section 25.
• The RTLC determined that the risk of harm from disclosing legal advice outweighed the public interest in transparency.
• The decision-making process is currently ongoing and subject to potential appeal to the High Bailiff.

Data Disclosed

• 2017-12-13
• 2018-02-02
• 2018-01-09
• IM113654I
• AD&N 483
• Section 40
• Section 25
• Data Protection Act 2002
• Freedom of Information Act 2015
• 80 pages
• 1 document

Exemptions Cited

• Section 40: Legal professional privilege
• Section 25: Absolutely exempt personal information

Data Tables (1)

Full Response Text

Page 1 of 3

2nd February 2018

Dear

Request under the Freedom of Information Act 2015 (the Act) Ref: IM113654I - Bus Vannin Application Further to your request dated 13th December 2017 and my letter dated 9th January 2018 extending the Standard Processing Period, please see below the response to your request. You asked:
“I would like to see the legal advice and all associated information regarding the application by BUS VANNIN as described in AD&N 483. As an objector to this application, which was adjourned on Wednesday 13th December I feel I should be entitled to see the relevant details on hold by the RTLC for the application.”

Response to your request
Our aim is to provide information wherever possible and in this instance we confirm that we do hold information relating to your request. That information is categorised below. Each category of information has been considered under the Act and the outcomes of those considerations are also noted below. Legal Advice – While our aim is to provide information whenever possible, in this instance this information is exempt from disclosure under section 40 of the Act, as it is information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
As section 40 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 disclosing the information include:
 Ensuring that the proceedings of the RTLC are transparent.

Road Transport Licensing Committee

Bing Kied Carbid

Chairperson: Mr Brendan O’Friel FJMU

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 Quoting Ref: IM113654I Your Ref:

Page 2 of 3

 Ensuring that the decision making process of the RTLC is both accountable and transparent. Factors in favour of maintaining the exemption include:  The legal advice was provided to the RTLC with the reasonable assumption it would be on a private and confidential basis.  Without this advice, the RTLC’s decision making could be compromised as it would not be fully informed. It depends on such legal advice for certain decisions.  The application process is currently on-going and therefore the release of the legal advice at this time could prejudice the application process.
 Legal advisers must be able to present the full picture, which will include arguments in support of their final conclusions and arguments that may be made against these. It is the nature of legal advice that it will set out the arguments both for and against a particular view, weighing up their relative merits, and highlighting perceived weakness of any position.  Decisions that the RTLC make are subject to appeal to the High Bailiff. Supplying the exact legal advice would potentially weaken the RTLC ability to respond to any such appeal against one of its decisions.  It is not the responsibility of the RTLC’s legal advisers to also provide that legal advice to parties who may be arguing against the RTLC in a court of law. The RTLC exists to ensure a consistent and safe approach to the regulation of taxis and public transport.
In assessing the weight to be attributed to each aspect of these arguments the RTLC has considered that the legal advice to which this request relates was provided on a confidential basis and disclosure could not only compromise future decision making but also has the potential to affect any appeal that could be made to the High Bailiff when the RTLC ultimately makes a decision on the application. The RTLC concludes that the risk of harm from disclosure outweighs any benefit that could be gained by the general public by the information being disclosed. In taking all of these factors into account the RTLC determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. All associated information regarding the application by BUS VANNIN as described in AD&N 483 - This is provided at Appendix 1 with some personal information withheld as it is considered absolutely exempt under 25 of the Act (absolutely exempt personal information). The reason why that exemption applies is that the RTLC is satisfied that the information amounts to personal data under the Data Protection Act 2002.

Page 3 of 3

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/access-to-government- information/freedom-of-information-complaint/ . 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; 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; 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 rights to review is on the Information Commissioner’s website at: https://www.inforights.im/
Should you have any queries concerning this letter, please do not hesitate to contact the FOI Co-ordinator on 685854. Further information about Freedom of Information requests can be found: https://www.gov.im/about-the-government/freedom-of-information/

Yours sincerely Appendix 1