Jurby airport

Summary

A request for information regarding the potential use of Jurby airport as a new national airport was made to the Department of Infrastructure, but no information was disclosed as it was deemed exempt under sections 34 and 35 of the Freedom of Information Act.

Key Facts

• The Department of Infrastructure refused to release information citing exemptions related to government policy formulation and free exchange of views.
• Some related information regarding Jurby Airfield is available on the North & West Area Plan Inquiry website.
• The authority clarified that the exempted information concerns safeguarding the Jurby Airfield site rather than its use as a new national airport.
• The public interest test determined that maintaining the exemption outweighed the benefits of disclosure to protect collective responsibility and ongoing policy development.
• The requester has the right to request an internal review or appeal to the Information Commissioner if dissatisfied.

Data Disclosed

• 4049585
• 2024-08-09
• 2024-10-02
• 27 September 2024
• 1 January 2020
• section 20
• section 34
• section 35
• 3 pages
• 1 document

Exemptions Cited

• Section 20: Information already reasonably accessible
• Section 34: Formulation or development of government policy
• Section 35: Prejudice to the free and frank provision of advice or exchange of views

Original Request

In respect of the period 1 January 2020 to date, please provide all information held relating to the potential use of Jurby airport as a new national airport, including but not limited to correspondence (to include letters, emails and communications via instant messaging platforms such as What's App, Microsoft Teams, Slack, Zoom chat), evaluation documents, reports, studies, maps, meeting agendas, meeting minutes, file notes, and conflicts registered by employees.

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: 4049585 27 September 2024

Dear ###

We write further to your request, received 9 August 2024, which states:

"In respect of the period 1 January 2020 to date, please provide all information held relating to the potential use of Jurby airport as a new national airport, including but not limited to correspondence (to include letters, emails and communications via instant messaging platforms such as What's App, Microsoft Teams, Slack, Zoom chat), evaluation documents, reports, studies, maps, meeting agendas, meeting minutes, file notes, and conflicts registered by employees."

While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

Some of the information that you have requested is available from the North & West Area Plan Inquiry website in the document’s library where the Department’s response to the inquiry is available which includes comments in relation to Jurby Airfield.
Link to website: https://nwinquiry.gov.im/document-library/

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 34 of the Act as it is held by the Department and it relates to the formulation or development of government policy, communications between Ministers (including, in particular, the proceedings of the Council of Ministers or of any committee of the Council of Ministers) and the operation of a Ministerial private office. As section 34 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 • There is significant public interest in the events surrounding the consideration of the potential future use of Jurby Airfield

Factors in favour of withholding

• To maintain the convention of collective responsibility
• Public exposure may inhibit the exploration of all options which may damage the development of government policy with a chilling effect among civil servants
• This is an ongoing matter
• Potential damage to policy due to timing of the request

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.

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would be likely to prejudice the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation and to otherwise prejudice the effective conduct of public business.

As section 35 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 • Open policy making will increase trust in Government

Factors in favour of withholding • If disclosed, it would likely inhibit the ability of civil servants and others to have free and frank discussions and the consideration of all options
• The matter is ongoing
• Disclosure of information does not answer the public interest*

*The exempted information relates to the safeguarding of the Jurby Airfield site and not the use as a “new national airport” as mentioned in your request.

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

Please quote the reference number 4049585 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.