Ramsey harbour

Summary

The requester sought contracts regarding Mezeron's use of Ramsey harbour and records on Costa bin placement, but the Department of Infrastructure refused disclosure citing commercial sensitivity.

Key Facts

• The request was received on 7 January 2025 and the outcome was determined on 27 May 2025.
• Information regarding the agreement between the Department of Infrastructure and Mezeron was withheld.
• The authority cited Section 30 of the Freedom of Information Act 2015 as the basis for exemption.
• The public interest test concluded that protecting commercial interests outweighed the need for disclosure.
• The request was closed on 13 March 2025 with an offer for an internal review.

Data Disclosed

• 4352017
• 2025-01-07
• 2025-05-27
• 13 March 2025
• 27th May 2025
• Section 30
• 3 pages
• 1 document

Exemptions Cited

• Section 30 of the Freedom of Information Act 2015 (Prejudice to commercial interests)

Original Request

1. Harbour Operations: - Any contracts, agreements, or memoranda of understanding between the Isle of Man government and Mezeron concerning their use of the harbour near Harbourside. - Documentation detailing any restrictions or obligations related to the harbour's operation as a working harbour, particularly as they affect adjacent properties. 2. Costa Bin Use: - Records, agreements, or permissions regarding the placement and use of bins by Costa or other private entities within the vicinity of the harbour or adjacent properties. 27th May 2025 telephone call to discuss options going forward, the relocation of  RTLC, and the documents held with Harbours Division LME

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: 4352017 13 March 2025

Dear ###

We write further to your request, received 7 January 2025, which states:

"1. Harbour Operations:

• Any contracts, agreements, or memoranda of understanding between the Isle of Man government and Mezeron concerning their use of the harbour near Harbourside.

• Documentation detailing any restrictions or obligations related to the harbour's operation as a working harbour, particularly as they affect adjacent properties.

• Costa Bin Use:

• Records, agreements, or permissions regarding the placement and use of bins by Costa or other private entities within the vicinity of the harbour or adjacent properties."

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

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act as disclosure would be likely to prejudice the commercial interests of person (including the public authority holding it.) The disclosure of the agreement between the Department of Infrastructure and Mezeron would be likely to prejudice the relationship due to revealing commercially sensitive information which would lead to a potential weakening of it position in a competitive environment. 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

• The need to hold public authorities accountable for their stewardship of public assets

Factors in favour of withholding • The need to protect the commercial interest of the private sector which plays an important part in the general health of the economy
• The need to protect the Department's commercial interests which is completed in the wider public interest
• Ongoing/ Live contract

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 4352017 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.