NSC Swimming Pool

Summary

The request sought details regarding damage to the NSC Swimming Pool, including the cause, repair timeline, and funding source. The authority disclosed the date and nature of the damage but withheld information on who is paying for repairs citing commercial interests, while directing the requester to Hansard for other details.

Key Facts

• A section of the Lane Pool floor tiles cracked and lifted on 5 November 2023.
• The damage has affected 2 lanes of the pool.
• Information regarding the cause, repair timeline, and delays is available in Hansard page 39.
• The identity of the party paying for repairs was withheld under Section 30(2)(b) to protect commercial interests.
• Discussions with the contractor regarding the repairs are still live and ongoing.

Data Disclosed

• 5 November 2023
• 2 lanes
• 30 September 2024
• 1 October 2024
• 5 October 2024
• 28 October 2024
• Hansard page 39
• Section 20
• Section 30(2)(b)
• 4160206

Exemptions Cited

• Section 20 (Information reasonably accessible)
• Section 30(2)(b) (Economy and Commercial Interests)

Original Request

1) When did the pool break? 2) How did the pool break? 3) Who is paying to fix the pool, the tax payer or the contractor? (if not the contractor, why not?) 4) When will the pool be getting fixed? 5) How long will it take to be fixed? 6) Why has it taken so long to even get to this stage?

Data Tables (1)

Full Response Text

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 4160206 28 October 2024

Dear ###

We write further to your request, received 1 October 2024, which states:

"1) When did the pool break?
2) How did the pool break?
3) Who is paying to fix the pool, the tax payer or the contractor? (if not the contractor, why not?)
4) When will the pool be getting fixed?
5) How long will it take to be fixed?
6) Why has it taken so long to even get to this stage?"

Subsequent to the receipt of this request, on 30 September 2024, we requested that you clarify your request:
“In order to identify and locate the information that you have asked for we need some further information from you. In particular it would be helpful to know specifically what you are referring too?”

Following the request for clarification, on the 5th October 2024 you responded as follows: “Apologies, I am looking for answers to the NSC lane swimming pool, where the tiles have lifted.”

Our response to your request is as follows:

Question 1 A section of the Lane Pool floor tiles cracked and lifted on the 5 November 2023, which has affected 2 lanes.

Question 2, 4, 5 and 6
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. Most of the information that you have requested is available from Hansard, page 39:
https://tynwald.org.im/spfile?file=/business/hansard/20202040/t240716.pdf

Question 3 Section 30(2)(b) Economy and Commercial Interests.
While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30(2)(b) of the Act as disclosure would be likely to prejudice the commercial interests 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:
• Accountability - Need to ensure that commercial activities are conducted in an open and honest way
• Release of some information will promote public understanding and informed debate.

Factors in favour of withholding:
• There is a need to protect the commercial interests of the private sector, which plays an important role in the general health of the economy.
• Disclosures of information are effectively to the whole world and not solely to the Applicant, an Applicant’s private interest and what may serve those interests does not necessarily serve a wider public interest.
• Discussions with the contractor are still live and ongoing.
• A weakening of its position in a competitive environment by revealing market sensitive information or information of potential usefulness to competitors

In taking these factors into account the Department of Education, Sport and Culture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information

Please quote the reference number 4160206 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.

Information Governance Officer