Strang Road consultation process

Summary

The requester asked about dispute resolution and conflict of interest policies regarding a public vote on Strang Road, but the Department of Infrastructure clarified that the exercise was an informal opinion gathering rather than a formal consultation or referendum. Consequently, no specific policies or escalation procedures apply to the process, though the Department noted that the largest number of preferences informed the final design.

Key Facts

• The Department of Infrastructure does not determine highway design by public vote.
• The Strang Road exercise was not a formal consultation under the Government's Code of Practice on Consultation.
• There is no legal obligation to carry out opinion seeking, and the Department balances public feedback with its own expertise.
• The option receiving the largest number of preferences was used to inform the final design.
• Individuals can raise concerns via the Divisional Policy Document DP-00-022 Review of Decisions Policy.

Data Disclosed

• 2017-10-30
• 2017-11-14
• June 2008
• two weeks
• DP-00-022
• 7 pages
• 1 document

Exemptions Cited

• Section 11(3) practical refusal reason (a) of the Act: The Department does not hold or cannot find specific information.

Data Tables (1)

Full Response Text

1. What procedures and processes, or rules and regulations, apply where the outcome of a vote is disputed, or is otherwise challenged, by consultation respondents

2. What escalation processes, or redress procedures, apply where the outcome of a vote is challenged by a respondent as above

3. Whether any conflicts of interest policies apply where the Department calls Householders to a vote on particular outcomes and then manages and oversees the registration, counting, and determination of votes, in relation to outcomes which have been proposed by the Departments own officers

4. What processes or policies, or rules and regulations, exist to ensure that any consultation letters issued to households in relation to a proposed scheme comply with the Isle of Man Government Code of Practice on Consultations (a public document issued June 2008 which is published on the gov.im website), and any other statutory legislation dealing with Government Consultation processes

5. Furthermore what processes and procedures, or checking or validation rules or procedures, exist to ensure that any consultation exercise, or consultation letter response, is not a Referendum process which is not in line with the Isle of Man Government Code of Practice on Consultations (a public document issued June 2008 which is published on the gov.im website).

Response to your request

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested; the reason and statutory exemption section is shown below.

Under section 11(3) practical refusal reason (a) of the Act, the Department does not hold or cannot, after taking reasonable steps to do so, find any specific information to answer your question.

The Department does not determine highway design by public vote. It is important to understand that this was not a consultation as designated under the Government’s ‘Code of Practice on Consultation’. Therefore there is no formal policy which dictates the usually straight forward process of establishing local preferences. We do this as good practice and use the information gathered to inform, but not dictate, our decisions. There is no legal obligation to carry out any form of opinion seeking and we must always balance opinions with our own knowledge and expertise.

1. None, for the reasons given above. The Department simply seeks opinions from fronting households.

2. None, but the opinion seeking period was more than two weeks.

3. Routinely, the largest number of preferences may be used to inform the final design chosen by the Department.

4. It is the prerogative of each household to choose to vote or not and we can only take into account that feedback which we receive. In this case the option receiving the largest number of preferences was used to inform the final design chosen by the Department.

5. As above, this was not a formal consultation and therefore no policy applies.

6. As above, this was not a formal consultation and therefore no policy applies.

7. Individual members of the public always have the right to contact us with their concerns. The consultation was undertaken to gather information, it was not a decision making vote. For reference the Divisional Policy Document DP-00-022 Review of Decisions Policy is attached at Appendix 1.

8. As per question 7.

9. No, as this was not a formal consultation, merely a gathering of opinion as previously stated.

10. This was not a consultation as defined under the Government’s ‘Code of Practice on Consultation’.

11. This was not a consultation as defined under the Government’s ‘Code of Practice on Consultation’.

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 to foi.doi@gov.im or by delivery/post to The FOI Co-ordinator, Department of Infrastructure, Sea Terminal Buildings, Douglas, IM1 2RF. An electronic version and paper version of our complaint form can be found by going to our website at www.gov.im/foireview

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: 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 https://www.gov.im/about-the-government/freedom-of-information/

Yours sincerely

Freedom of Information Response Team

APPENDIX 1

Divisional Policy Document DP-00-022 Review of Decisions Policy Uncontrolled if Printed MF-00-038 1.0 Page 1 of 3

Issue/ Rev Nr Date Approved by Description 0.1 28/09/2017 BW Draft policy 0.2 10/10/2017 JR Review

Divisional Policy Document DP-00-022 Review of Decisions Policy Uncontrolled if Printed MF-00-038 1.0 Page 2 of 3

1 Policy Statement The Highway Services Division provides a diverse range of services and is dedicated to delivering a consistent service that uses funds allocated to it in an efficient and effective manner in support of the Manx Community. As Highway Services has to operate, manage, maintain and develop the highway asset in support of the wider needs of the community, there may be an occasion where a decision is made that is not acceptable to an individual or segments of the community. This Highway Services policy allows an individual or group to ask for a review of that decision. The review will be undertaken by an officer who is senior to the original decision maker. The decision of the review will be final and no further mechanism for appeal exists. 2 Application & Scope This policy is to be applied where an issue has been highlighted by a stakeholder or a request for a review of a decision has been requested. This policy is not to be used where legislative processes or remedies already exist including; Fixed Penalty Fines Driving and Parking Test Licensing and registration of vehicles
Vehicle Examinations
Reserved Parking This policy is not to be used for dealing with formal complaints in relation to inappropriate conduct by a member of staff. 3 References Highway Services procedure document MP-00-030 Review of Decisions 4 Accountability Amendments to this policy must be approved by the Director of Highway Services or the appropriate successor in title. All officers have a duty to familiarise themselves with this policy and to work to it.

Divisional Policy Document DP-00-022 Review of Decisions Policy Uncontrolled if Printed MF-00-038 1.0 Page 3 of 3

5 Definitions Review - a formal assessment or examination of a decision with the possibility or intention of instituting change if appropriate or upholding the original decision.