Complaint against Ms Moreblessing Pedhuru

Summary

The applicant requested copies of correspondence and answers to questions regarding a complaint against Ms Moreblessing Pedhuru and legal advice from the Attorney General. The Department of Infrastructure disclosed limited information regarding postal procedures and signage evaluations but withheld legal advice due to privilege and refused to generate new information or answer repeated questions.

Key Facts

• The request was received on 2024-04-16 and the response was issued on 2024-05-20.
• The Department stated it has no obligation to generate information for several questions.
• Legal advice from the Attorney General was withheld under Section 40 (Legal professional privilege).
• Some questions were rejected as substantially similar to a previous FOI request (case 3785533).
• The evaluation of signage at Pulrose Bridge and Old Laxey Hill was conducted via visual inspections.

Data Disclosed

• 2024-04-16
• 2024-05-20
• 11th April 2024
• 15.07
• 3800037
• 3785533
• 25th April 2024
• two days
• Section 8. (3) a)
• Section 10. (1)
• Section 40
• Section 11
• Road Traffic Regulations Act 1985
• Road Traffic Regulations Act 2015
• IM1 2RF
• (01624) 686785

Exemptions Cited

• Section 8. (3) a) - No obligation to generate information
• Section 10. (1) - No obligation to generate information
• Section 40 - Legal professional privilege
• Section 11 - Repetition of requests

Original Request

I require copies of all of the information requested in an e-mail dated the 11th April 2024 timed at 15.07 from me to Ms Nicole Marais the Department's Complaints Co-ordinator, which Ms Marais has failed to provide to me, together with answers to all of the questions which I put to Ms Marais in that e-mail.

Data Tables (4)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 3800037 3 May 2024

Dear ###

We write further to your request, received 16 April 2024, which states:

"I require copies of all of the information requested in an e-mail dated the 11th April 2024 timed at 15.07 from me to Ms Nicole Marais the Department's Complaints Co- ordinator, which Ms Marais has failed to provide to me, together with answers to all of the questions which I put to Ms Marais in that e-mail."

While our aim is to provide information whenever possible, in this instance the Department of Infrastructure does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested.

1. “Why did you need the assistance of the Attorney General’s Chamber to draft a response to my complaint?” We have no obligation to generate information, nor do we retain any under: Section 8. (3) a) and Section 10. (1)

2. “Please explain why you believe that such items of correspondence fall within the definition of “legal” in relation to hard copy documents that formed part of your correspondence with Ms Pedhuru.” We have no obligation to generate information, nor do we retain any under: Section 8. (3) a) and Section 10. (1)

3. “Please explain how sending correspondence by hard copy through the post can possibly ensure meticulous documentation and safeguard against potential communication lapses” As previously explained, by sending correspondence by hard copy it ensures delivery of items within two days of postage, proof of postage documentation

and requirement for a signature once delivered which creates an audit or paper trail for these documents.
Please note, you may be able to find more information relating to this service on the Isle of Man Post Office website under the ‘Signed for Service’ information page.

1. “‘copies of procedures’ that Ms Marais refers to in relation to the process that all legal correspondence or notices are dispatched via registered mail” There is no information held as this is not a formal policy.

2. “Let me have a copy of the legal advice which [Redacted name] said he received from the Attorney General” Please refer to Section (40) Legal professional privilege Public interest factors in favour of disclosure: • Demonstrates transparency of the Department • Promotion of accountability Public interest factors in favour of maintaining the exemption: • Public authorities are entitled to attaining legal advice to ensure decision making is completed with comprehensive advice • Disclosure could prejudice the Department’s position should there be ongoing legal proceedings • This is an ongoing/ live matter

3. “Please ask your legal advisor to comment also on my arguments about whether the action by the Department would be considered as ‘Wednesbury unreasonable’” We have no obligation to generate information, nor do we retain any under: Section 8. (3) a) and Section 10. (1)

4. 'Please put these arguments to your legal advisor and let me have his comments' We have no obligation to generate information, nor do we retain any under: Section 8. (3) a) and Section 10. (1)

5. Please provide the act which was made reference to in the correspondence: 'would be an object or device for the guidance or direction of persons using the road for the purpose of the section 18 (1) of the Road Traffic Regulations Act 1985

6. 'Can I assume that you mean all of the provisions of the Act you refer you, or do you have specific sections in mind? If you do, the please point me in the direction of them' in relation to the application of Road Traffic Regulations Act 2015 signage at Pulrose Bridge and Old Laxey Hill. We have no obligation to generate information, nor do we retain any under: Section 8. (3) a) and Section 10. (1)

7. 'Please let me have also a copy of the 'evaluation'' in relation to the signage The evaluation was undertaken by way of visual inspections.

8. ‘Does the Department have a pressing social need to remove the signs and has it already itself to ‘anxious scrutiny’ as to whether such measure infringes a right under the Human Rights Convention?’ Please see the comments below in relation to repetition of requests.

9. ‘let me have copies of the complaints’ Please see the comments below in relation to repetition of requests.

Repetition of previous FOI requests (Moreblessing 3785533). Section 11. Grant of requests for information
(3) In this Act e) both of the following (i) The request for information relates to information that is identical, or substantially similar, to information previously requested by, and supplied to, the applicant; and
(ii) a reasonable period of time has not passed between compliance with the previous request and the making of the current request.

As stated in correspondence sent to you on 25th April 2024, two queries/ points in your email with our complaints co-ordinator are repeated requests from a previous FOI request you submitted to our team.

Please quote the reference number 3800037 in any future communications.

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.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . 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 right to a review can be found 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 www.gov.im/foi.

I will now close your request as of this date.