Deloitte report on berth for cruise ships

Summary

A request was made for a Deloitte report on deep water berths for cruise ships, but the Department for Enterprise refused to disclose it under Section 41 of the Freedom of Information Act 2015 as the report was held for future publication.

Key Facts

• The requested document is a report evaluating proposals to build a deep water berth in the Isle of Man.
• The report was withheld because it was still being considered by senior management and Ministers.
• The authority intended to publish the report by the end of 2017.
• Releasing the report early was deemed likely to prejudice decision-making and generate unfounded fears.
• The public interest test concluded that withholding the information was justified at that time.

Data Disclosed

• 2017-10-28
• 2017-11-22
• Section 41
• end of 2017
• 3 pages
• 1 document
• IM108542I

Exemptions Cited

• Section 41 (Information for future publication)

Data Tables (1)

Full Response Text

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Our Ref: IM108542I

Date: 22 November 2017

Dear

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

Thank you for your request dated 28th October 2017. Your request You asked for: “A copy of the Report on the Deep water berths”. Response to your request
While our aim is to provide information whenever possible, in this instance we are unable to provide a copy of the report you have requested because an exemption under section 41 (information for future publication) of the Act applies to that information. Section 41 provides that: “Information is qualified exempt information if — (a) it is held with a view to its being published, by a public authority or any other person, at some future date (whether determined or not); (b) when the request for information is made the information is already being held with that view; and (c) it is reasonable in all the circumstances that the information be withheld from disclosure until that future date.”

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

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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 is still being 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. However we are aiming to make the report public by the end of 2017. Factors in favour of release in response to this request 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 is still being considered by Government and decisions on the next steps have not yet been taken; • Release at this stage may lead to unfounded fears that Government intends to take a particular course of action; • It is intended that the report will be published at a future date.

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:

• the Department (and Government) requires further time to consider the report; and • the Department intends to release the report in the near future.

On balance the Department considers that the public interest lies in withholding the report in response to this request.

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

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

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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