Island's Heritage Railways Replacement

Summary

The request sought documentation regarding proposals to close or replace Isle of Man Heritage Railways with cycle paths and transfer ownership to Manx National Heritage. The Department of Infrastructure released a Terms of Reference, a Systra Report, and internal cost notes, but withheld Council of Ministers papers citing exemptions.

Key Facts

• A Terms of Reference document was provided in January 2023.
• The Systra Report was published in January 2024.
• Internal notes regarding cost implications for replacing the Laxey to Ramsey MER section with a cycle lane were disclosed.
• Part of the information was withheld under section 35(a) of the Freedom of Information Act 2015.
• Council of Ministers Papers are protected under Section 6(2) of the Council of Ministers Act 1990.

Data Disclosed

• January 2023
• January 2024
• 4 December 2024
• 4297485
• 2676033
• section 35(a)
• Section 6(2)
• Part 2

Exemptions Cited

• Section 35(a) of the Freedom of Information Act 2015 (prejudice to the work of the Council of Ministers)
• Section 6(2) of the Council of Ministers Act 1990

Original Request

Please provide all documentation and documented discussions / communications in any data form relating to: - Any proposal to close, remove (in whole or in part) rationalisation of any of the Island's Heritage railways and proposals to replace any of the Island's Heritage railways in whole or in part through rationalisation of service of infrastructure with a coastal foothpath / cycle path. (including the horse tramway corridor on loch promenade) - Any proposal for the Dept to transfer the ownership & operation of any aspect of the Island's Heritage Railways to Manx National Heritage.

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: 4297485 (prev.2676033) 4 December 2024

Dear ###

We write further to your request, received 4 December 2024, which states:

"Please provide all documentation and documented discussions / communications in any data form relating to:

• Any proposal to close, remove (in whole or in part) rationalisation of any of the Island's Heritage railways and proposals to replace any of the Island's Heritage railways in whole or in part through rationalisation of service of infrastructure with a coastal foothpath / cycle path. (including the horse tramway corridor on loch promenade)

• Any proposal for the Dept to transfer the ownership & operation of any aspect of the Island's Heritage Railways to Manx National Heritage."

Our response to your request is as follows: I have enclosed copies of the information.

Our response to your request is as follows: I have also enclosed copies of the information.

A Terms of Reference document was provided in January 2023 and since then, the Systra Report was published in January 2024: iom-heritage-railway-review-recommendations-final.pdf In addition, we have enclosed internal notes of potential cost implications for the replacement of single Laxey to Ramsey MER section with cycle lane. While our aim is to provide all of the information whenever possible, in this instance, part of the information is qualified exempt under section 35(a) of the Act, as disclosure would prejudice the work of the Council of Ministers. Council of Ministers Papers are protected by the Council of Ministers Act 1990 under Section 6(2).

Factors in favour of disclosure 1. Transparency and Accountability: Disclosure of the information would promote transparency and accountability within the Council of Ministers, allowing the public to understand the decision-making processes and the rationale behind them.
2. Public Understanding: Providing access to the information would enhance public understanding of the issues considered by the Council of Ministers, fostering informed public debate and engagement.
3. Trust in Government: Disclosure could increase public trust in the government by demonstrating a commitment to openness and honesty.

Factors in favour of withholding 1. Breach of Confidence: Disclosure would constitute an actionable breach of confidence, which is protected under Section 35(a) of the Act. This could undermine the confidentiality of sensitive information, and the trust placed in the Council of Ministers.
2. Impact on Decision-Making: Releasing the information could negatively impact the decision-making process within the Council of Ministers by inhibiting free and frank discussions, leading to less effective governance.
3. Legal Protections: The Council of Ministers Act 1990 under Section 6(2) specifically protects these papers, indicating a clear legislative intent to maintain their confidentiality.

While there are significant public interest factors in favour of disclosure, the potential breach of confidence and the legal protections afforded to the Council of Ministers Papers weigh heavily against it. On balance, the public interest in maintaining the exemption under Section 35(a) of the Act outweighs the public interest in disclosure.

Please quote the reference number 4297485 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.