Jurby airport

Summary

A request was made for all correspondence regarding Jurby airport proposals between January 2023 and August 2024, but the Department of Infrastructure refused to disclose any information citing exemptions for government policy formulation and ministerial advice.

Key Facts

• The request covered emails, texts, letters, and meeting minutes involving Minister Tim Crookall and the Department of Infrastructure.
• Some information regarding the North & West Area Plan Public Inquiry was deemed already reasonably accessible online.
• The Department applied Section 34 of the Act to withhold information on government policy formulation and ministerial communications.
• The Department applied Section 35 of the Act to withhold information to protect the free and frank exchange of views within the Council of Ministers.
• The public interest test concluded that maintaining the exemptions outweighed the benefits of disclosure due to the ongoing nature of the matter.

Data Disclosed

• 4051682
• 2024-08-09
• 2024-10-02
• 1 January 2023
• 9 August 2024
• 3
• 1
• section 20
• section 34
• section 35
• 2015

Exemptions Cited

• Section 20: Information already reasonably accessible
• Section 34: Formulation or development of government policy
• Section 35: Prejudice to the work of the Council of Ministers

Original Request

Dear Sir, Please may you supply me with all correspondence, including emails, text messages, letters and meeting minutes held by any member of the Department of Infrastructure, including the Minister Tim Crookall, to which there is reference to, discussion about, or mention of the Jurby airport proposals, as set out in the Draft Area Plan for the North and West. Please may this reflect the time period between 1 January 2023 to current (9 August 2024). Thank-you.

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: 4051682 2 October 2024

Dear ###

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

"Dear Sir,

Please may you supply me with all correspondence, including emails, text messages, letters and meeting minutes held by any member of the Department of Infrastructure, including the Minister Tim Crookall, to which there is reference to, discussion about, or mention of the Jurby airport proposals, as set out in the Draft Area Plan for the North and West.

Please may this reflect the time period between 1 January 2023 to current (9 August 2024).

Thank-you."

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.

The Department of Infrastructure's response to the North & West Area Plan Public Inquiry with comments regarding Jurby Airfield are available online via this link:

https://nwinquiry.gov.im/document-library/responses-to-the-draft-plan/

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 a Government Department. 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 of the Act 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
• Information disclosed prior to a decision being taken will facilitate a more informed public debate

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 work of the Council of Ministers to inhibit the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation.

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 is not relevant to public interest

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.

Please quote the reference number 4051682 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.