Extinguished highways, footpaths or rights of way

Summary

The requester asked for documents regarding public highway, footpath, or right of way extinguishment cases voted against by Tynwald in the last twenty years. The Department of Infrastructure refused to send the documents, citing that the information is already reasonably accessible via the Tynwald Hansard website.

Key Facts

• The request covered cases from the last twenty years where extinguishment was voted against by Tynwald.
• The Department of Infrastructure determined the information was already reasonably accessible to the public.
• The authority directed the requester to search the Tynwald Hansard website for debates on 'Public Rights of Way' and 'Highway Extinguishment'.
• Alternative access was offered through the Tynwald Library for those without internet access.
• The request was closed on 25 April 2018 with no documents sent.

Data Disclosed

• 2018-04-16
• 2018-04-25
• 434733
• twenty years
• 685520
• 01624 686642
• 01624 686785

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (Information reasonably accessible)

Original Request

Request all documents from DOI and Tynwald Library Of all cases in the last twenty years where a public highway, or footpath, or right of way was proposed for extinguishment and where the extinguishment (or expungement) was voted against by Tynwald. Thank you.

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Co-ordinator Telephone: (01624) 686642 Email: foi.doi@gov.im

Our ref: 434733 25 April 2018

Dear ###

We write further to your request which was received on 16 April 2018 and which states:

"Request all documents from DOI and Tynwald Library Of all cases in the last twenty years where a public highway, or footpath, or right of way was proposed for extinguishment and where the extinguishment (or expungement) was voted against by Tynwald. 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 reasonable accessible to you, whether free of charge or on payment of a fee. All of the information that you have requests is available from Tynwald Hansard which sets out copies of all the debates in Tywnald, House of Keys, and Leg Co. I have attached the link below— http://www.tynwald.org.im/business/hansard/Pages/hansard.aspx To help and assist you in navigating please follow these instructions; Right click on the link, from the drop down menu choose Open Hyperlink. On opening the link you will be asked for the Log In and Password, just click on the white cross (red background) on the top right hand side of the screen and the site will open.
In the Search Terms type in Public Rights of Way and press Search this will then list the debates below (you will need to scroll through them). Complete the same process for Highway Extinguishment and footpaths. They are the Official Reports of parliamentary sittings. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact Tynwald Library who hold the information on 685520.

Please quote the reference number 434733 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 to us at
Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: DOI FOI Response Team Telephone: (01624) 686785 Email: foi.doi@gov.im

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.

Yours sincerely

DOI Freedom of Information Response Team