Traffic Management of the Central Promenade during construction 2021

Summary

A request for 2021 traffic management, risk assessments, and construction details regarding the Central Promenade was made to the Department of Infrastructure. The authority responded that no information was sent because some records were held by a third-party contractor or lost due to website decommissioning, while other held information was exempt due to legal professional privilege.

Key Facts

• The Department of Infrastructure does not hold direct access to information originally managed by Auldyn Construction.
• Some requested information was previously available on an old website that has since been decommissioned.
• Certain held information is exempt under Section 40 of the Act due to a claim of legal professional privilege.
• The authority applied a public interest test weighing transparency against potential prejudice to ongoing legal proceedings.
• The response was issued on 3 April 2025 regarding a request received on 17 January 2025.

Data Disclosed

• 2021
• 17 January 2025
• 3 April 2025
• Section 40
• 4379593

Exemptions Cited

• Section 40 (Legal professional privilege)

Original Request

All information relating to, concerning or referencing the following:- 1. Road layout (inclusive of pedestrian and cyclist layouts) during any construction and/or road works of the Central Promenade in 2021, 2. Risk assessment of risk to the public inclusive of all road users, pedestrians and cyclists during any construction and/or road works of the Central Promenade in 2021, 3. Traffic Management of the Central Promenade during any construction and/or road works of the Central Promenade 2021, inclusive of all temporary traffic signals and signage, 4. Pedestrian footpath and cyclists' rights of way on or adjacent to the Central Promenade during any construction and/or road works of the Central Promenade 2021, inclusive of all temporary access restrictions, signals and signage, 5. All information relating the construction and/or works carried out on the horse tram tracks located on Central promenade in 2021, and, 6. All information relating to, concerning or referencing the duties and obligations of any contractors instructed to carry out any construction and/or road works by the Department of Infrastructure on the Central Promenade during 2021.

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: 4379593 3 April 2025

Dear ###

We write further to your request, received 17 January 2025, which states:

"All information relating to, concerning or referencing the following:-

1. Road layout (inclusive of pedestrian and cyclist layouts) during any construction and/or road works of the Central Promenade in 2021,

2. Risk assessment of risk to the public inclusive of all road users, pedestrians and cyclists during any construction and/or road works of the Central Promenade in 2021,

3. Traffic Management of the Central Promenade during any construction and/or road works of the Central Promenade 2021, inclusive of all temporary traffic signals and signage,

4. Pedestrian footpath and cyclists' rights of way on or adjacent to the Central Promenade during any construction and/or road works of the Central Promenade 2021, inclusive of all temporary access restrictions, signals and signage,

5. All information relating the construction and/or works carried out on the horse tram tracks located on Central promenade in 2021, and,

6. All information relating to, concerning or referencing the duties and obligations of any contractors instructed to carry out any construction and/or road works by the Department of Infrastructure on the Central Promenade during 2021."

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. We would like to inform you that some of the information you have requested was originally held by Auldyn Construction who provided services to us. Unfortunately, we no longer have direct access to this information, as it is managed by Auldyn Construction. Additionally, a portion of the information was previously available on our old website, which has since been decommissioned and is no longer live or accessible.

We acknowledge the importance of the information you are seeking, and while we no longer have direct access to it, I want to assure you that we are committed to being as helpful as possible. If there are alternative sources or ways to assist you further, please let us know, and we will do our best to explore those options. While our aim is to provide information whenever possible, in this instance some of the information is exempt from disclosure under section 40 of the Act as it is information in respect of which a claim to legal professions privilege could be maintained in legal proceedings. As section 40 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. The matters which were considered in applying the public interest test are as follows:

Public Interest Factors in Favour of Disclosure

• Transparency & Accountability - Disclosure may help the public understand how the public authority is dealing with certain issues, including ongoing legal matters. • Public Scrutiny - There is a general public interest in knowing how public authorities engage in legal disputes, particularly if taxpayer funds are involved. • Use of Public Funds - There may be interest in understanding how funds are being used, particularly in relation to legal proceedings.

Public Interest Factors in Favour of Withholding

• Prejudice to Ongoing Legal Proceedings - Disclosure could inadvertently confirm or impact an ongoing legal case, which is not yet publicly known. Premature disclosure could undermine legal strategies or expose sensitive legal arguments. • Chilling Effect - Disclosure of legal discussions or case details could deter open and honest communication between the legal teams and public officials, undermining future legal proceedings. • Circumvention of Disclosure Costs - There is a concern that the requester is using the FOI process to bypass the legal discovery process, which could allow them to obtain information without incurring the full costs of formal disclosure during a legal dispute. This is not the intended purpose of the FOI system and could undermine the integrity of the legal process. • Risk of Misuse of Information - If the request is intended to gain access to information for use in legal discussions or negotiations outside the intended scope of FOI, disclosing it could lead to unintended consequences.

In taking these factors into account the 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 4379593 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.