TT/Festival of Motorcycling

Summary

A request was made for the costs of rescue helicopters, safety equipment, and road barriers for the 2017 TT and Festival of Motorcycling, but the Department for Enterprise withheld all information citing commercial interests.

Key Facts

• The Department for Enterprise refused to disclose costs for helicopters, signage, straw bales, and barriers.
• The refusal was based on Section 30(2)(b) of the Freedom of Information Act 2015.
• The authority argued that releasing contract values would prejudice future tender exercises and commercial interests.
• The public interest test concluded that maintaining the exemption outweighed the benefits of transparency.
• The response was issued on 4 October 2017 regarding a request received on 7 September 2017.

Data Disclosed

• 2017
• 7 September 2017
• 4 October 2017
• IM102079I
• Section 30(2)(b)
• 3 pages
• 1 document

Exemptions Cited

• Section 30(2)(b) - Prejudice to commercial interests

Data Tables (1)

Full Response Text

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Our Ref: IM102079I

Date: 4 October 2017

Dear

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 7 September 2017 Your request Your request was as follows: “1.What are the costs to the government of the three rescue helicopters used in connection with the 2017 TT and MGP/Festival of Motorcycling?” 2. What is the cost of erecting and dismantling signage, straw bales and other safety equipment around the TT Course for the TT & FOM in 2017? 3. What is the total cost of erecting and dismantling barriers on roads adjacent to the TT Course to indicate the roads are closed for practice and race periods for the TT and FOM in 2017?” Response to your request
In the case of the information requested above, the Department considers that this information should be withheld, on the basis of section 30(2)(b), that “Disclosure of the information would, or would be likely to, prejudice the commercial interests of a person (including the public authority holding it).”

We consider the exemption applies in to the information requested in 1, 2 & 3 above as provision of the helicopters, the cost of erecting and dismantling signage, straw bales and other safety equipment around the TT course and the total cost of erecting and dismantling barriers

Department of Economic Development Rheynn Lhiasaghey Tarmaynagh

Steven Tallach 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 Email: steven.tallach@gov.im

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on roads adjacent to the TT course are all provided through contracts which are subject to tender. Release of the amounts paid to the service providers could compromise the Department’s ability to effectively undertake another such tender exercise by allowing rival companies access to the information and therefore adversely affect the Department’s ability to get the best value deal in the next exercise. Release of the information is also likely to harm the commercial interests of the provider by enabling other businesses to underbid in the next tender exercise. As section 30(2)(b) 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:  transparency and showing how much money is spent by the public sector;  promoting good decision making;

Factors in favour of maintaining the exemption include:  Enabling the Department to obtain value for money services;  Releasing the amount paid to the providers may put the company off from bidding for work for the Department, and indeed may put other companies off from bidding for contracts if they know that the amounts they are paid will be released.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken the following into consideration:  disclosure could severely impact on the Department’s and the providers’ ability to be competitive in the market place which could have further ramifications by reducing the size and effectiveness of the market and those who are willing to provide such services to the Department;  the information is current and will be subject to a retendering exercise at some point in the future - disclosure could distort this;  the Department does not routinely publish such information;  there is no misinformation in the public that warrants disclosure; In taking all of these factors into account the the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

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 above address. An electronic version and paper version of our complaint form can be found by going to our website. 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 Page 3 of 3

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 www.gov.im/foi.

Yours sincerely

Steven Tallach Freedom of Information Co-ordinator