Climate change report

Summary

A request for the Manx Utilities Authority's 2023/2024 climate change report was refused because the document is held with a view to future publication. The authority determined that releasing draft or incomplete versions would be misleading, outweighing the public interest in immediate disclosure.

Key Facts

• The requested 2023/2024 climate change report is exempt from disclosure under section 41 of the Act.
• The report is expected to be published toward the end of 2024 or early 2025.
• Previous reports, such as the 2022/23 edition, are published freely on the Manx Utilities website.
• The authority argued that releasing unapproved versions could result in misleading information.
• The public interest test concluded that factors favoring withholding outweighed those favoring disclosure.

Data Disclosed

• 4034823
• 2024-08-06
• 2024-08-16
• 2023/2024
• 2022/23
• January 2024
• end of 2024
• early 2025
• section 41
• IM99 1PS
• 01624 687687

Exemptions Cited

• Section 41 of the Freedom of Information Act 2015 (Information held with a view to future publication)

Original Request

Please supply a copy of the MUA 2023/2024 climate change report. 

Data Tables (1)

Full Response Text

Manx Utilities PO Box 177, Douglas Isle of Man, IM99 1PS

e: enquiries@manxutilities.im t: 01624 687687 www.manxutilities.im

Our ref: 4034823 16 August 2024

Dear ###

We write further to your request, received 6 August 2024, which states:

"Please supply a copy of the MUA 2023/2024 climate change report."

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 41 of the Act as it is held with a view to being published at a future date.

The requested Climate change reports are published freely on our website. Latest copies are available here: https://www.manxutilities.im/our-environment/our- actions/climate-change-reports/. It is worth noting that the 2022/23 Manx Utilities Climate change report was published in January 2024, therefore 2023/24 will be published in due course and we expect this to be toward the end of 2024/early 2025.
In all the circumstances it is reasonable that the information be withheld from disclosure until that time.

As section 41 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 • To promote transparency of decision making in Manx Utilities and accountability. • To scrutinise the actions of Manx Utilities and its compliance with required duties. • Expectations that the public has a right to access this information.

Factors in favour of withholding • These details are regularly updated on website when finalised and available. • Manx Utilities should be able to manage their own public affairs, and choose to release information in the manner and form and at the time of its choosing. • Disclosure of draft, incomplete or unapproved versions of reports could result in information being disclosed which is incomplete or accurate, or subject to change, and therefore misleading the public.

In assessing the weight to be attributed to each aspect of these arguments, Manx Utilities has considered that disclosure of the information subject to the prejudice

based qualified exemptions creates extra work than is necessary at this time, increasing the burden and given that publication has a history and expectation publication of these reports in due course.

Taking these considerations into account Manx Utilities has determined that the factors in favour of maintaining the exemptions outweigh the factors in favour of disclosing the information.

Please quote the reference number 4034823 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.