Scrap and abandoned boats

Summary

The request sought costs for scrapping the Venture and Boy Ken vessels, pollution charges, and plans for a derelict lifeboat. The Department of Infrastructure disclosed that the Venture was disposed of privately and the lifeboat is scheduled for removal, but withheld Boy Ken scrapping costs citing commercial interests.

Key Facts

• The vessel 'Venture Again' was disposed of privately by the registered owner, so the Department holds no information on its scrapping costs.
• Costs for removing the vessel 'Boy Ken' are exempt from disclosure but will be passed on to the registered owner.
• An investigation into pollution caused by the sinkings is currently in progress with the Environment Directorate of DEFA.
• The former lifeboat 'Llas-Sah-D' has been identified as derelict and is scheduled for removal and dismantling from Peel Harbour.
• The removal of the lifeboat is proceeding under Section 22 of the Harbours Act.

Data Disclosed

• 2024-04-16
• 2024-05-24
• 3800271
• Section 30(2)(b)
• Section 22
• 12 months

Exemptions Cited

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

Original Request

What was the overall cost of scrapping the venture and boy ken who's to foot these bills? Has any charge for pollution been done due to both sinking? Is there any future plans for the former lifeboat up the end of the marina by the facilities? In the last week its condition has rapidly deteriorated due to being under water every high tide and debris floating down the marina

Data Tables (1)

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: 3800271 23 May 2024

Dear ###

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

"What was the overall cost of scrapping the venture and boy ken who's to foot these bills? Has any charge for pollution been done due to both sinking? Is there any future plans for the former lifeboat up the end of the marina by the facilities? In the last week its condition has rapidly deteriorated due to being under water every high tide and debris floating down the marina"

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30(2)(b) as its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the public authority holding it).

As section 30 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 disclosure - Promoting transparency and accountability
- Securing the best use of public resources
- Legitimate interest in financial management

Factors in favour of withholding - Tendering and provision of services done within less than 12 months of the request for the information
- The need to protect the commercial interest of the private sector, which plays an important role with our business community
- The expenses incurred are due to be recouped from the owner

In taking these factors into account the Department of Infrastructure determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

1. What was the overall cost of scrapping the Venture and Boy Ken? Who’s to foot these bills?

Information regarding the cost of removal of the vessel ‘Boy Ken’ is exempt under Section 30 as explained above. The costs of removal will be passed on to the registered owner.

We do not hold any information regarding the disposal of the ‘Venture Again’ vessel as this completed privately by the registered owner.

1. Has any charge for pollution been done due to both sinking?

A post incident brief has taken place with senior representatives from the Environment Directorate of DEFA and the Harbours Division. An investigation is in progress to identify the cause of any pollution and any offences that may have taken place. Once the investigation has concluded, decisions will be made regarding cost recovery and any resulting legal action.

1. Is there any future plans for the former lifeboat up the end of the marina by the facilities?

There is a programme in place to identify and dispose of derelict vessels within our harbours. The former lifeboat. ‘Llas-Sah-D’ has already been identified as a derelict vessel and is scheduled to be removed from Peel Harbour and dismantled as part of this programme. This process has commenced under Section 22 of the Harbours Act.

Please quote the reference number 3800271 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.