Deloitte report on berth for cruise ships

Summary

A request was made for a Deloitte report assessing the potential for a deep water cruise ship berth in the Isle of Man, but the Department for Enterprise withheld the document entirely.

Key Facts

• The requested report is a 142-page review of the Isle of Man cruise market and deep water berth proposals.
• The report was received by the Department in July 2017 and had not yet been considered by senior officers or Ministers.
• The Department determined that releasing the report at this stage could prejudice decision-making by generating public comment on options not yet finalized.
• The public interest test was applied, and the Department concluded that withholding the report was in the public interest.
• The applicant was informed of their right to request an internal review or appeal to the Information Commissioner.

Data Disclosed

• 142 page
• 3 August 2017
• July
• 1st Floor
• 01624 685375
• IM1 1EX

Exemptions Cited

• Section 34 (formulation of policy)
• Section 35 (Conduct of public business)

Data Tables (1)

Full Response Text

Page 1 of 3

Our Ref:
Your Ref:

   Date:

Dear

Freedom of Information Act 2015

Thank you for your request dated 3 August 2017. Your request Your request was as follows: “A copy of the Deloitte Report relating to an assessment of cruise boats being provided with a berth. Reference has been made to the Report in the public domain, therefore if you apply the legal definition of a public document then it should be released.”

Our response

The report that you refer to is a detailed 142 page review of the potential for an Isle of Man cruise market and the proposals to build a deep water berth in the Isle of Man. The report was only received by the Department in July and has not yet been considered by senior officers or Ministers.

We therefore consider that the report should be withheld on the basis of two exemptions under the Freedom of Information Act 2015. Firstly, section 34 (“formulation of policy”) applies to the report as the information contained within it relates to the formulation or development of government policy. Secondly, the Department considers that section 35 (“Conduct of public business”) applies as disclosure would be likely to prejudice the effective conduct of public business. The reasons for this are as follows.

Department of Economic Development Rheynn Lhiasaghey Tarmaynagh

Freedom of Information Co-ordinator 1st Floor St Georges Court Upper Church Street Douglas Isle of Man IM1 1EX

Telephone: (01624 685375)
Website: www.gov.im/ded

Page 2 of 3

The purpose of the report is to assist the Government in evaluating proposals to build a deep water berth in the Isle of Man to enable more cruise ships to visit the Island. It evaluates a number of options that the Government may or may not decide to examine more carefully. The Department consider that release of the report at this stage, when it has not been properly considered by senior management and Ministers would likely prejudice decision-making on the issue as release may generate public comment and questions on options that the Government may not consider further. As both exemptions are subject to the public interest test we are obliged to consider whether it is nevertheless in the public interest to release the report. Factors in favour of release are: Disclosure of factual information used to provide an informed background to decision-taking; Transparency and informing the public as to options being considered by Government Factors in favour of withholding are: The report has not yet been considered by the Department or other Ministers. Release at this stage may lead to unfounded fears that Government intends to take a particular course of action.

On balance the Department considers that the public interest lies in withholding the report.

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 me at the address above. An electronic version of our complaint form can be found by going to our website. 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 rights to review is on the Information Commissioner’s website at: https://www.inforights.im/

Page 3 of 3

Should you have any queries concerning this letter, please do not hesitate to contact me.

Yours sincerely