Boat Park Fees

Summary

A request was made for detailed payment records and recovery actions regarding harbour dues and boat park fees for specific vessels and all remaining vessels in Peel and House of Manannan. The Department of Infrastructure refused to disclose the information, classifying the request as vexatious under the Freedom of Information Act 2015.

Key Facts

• The request concerned vessels named 'Udale' and 'The Dawn' as well as all other vessels in Peel Marina and House of Manannan Boat Park.
• The Department of Infrastructure determined the request was vexatious, malicious, frivolous, misconceived, or lacking in substance.
• No information regarding unpaid fees or recovery actions was disclosed in this response.
• The case outcome was recorded as 'Not upheld' on 2025-08-18.
• The authority cited Section 11(3)(d) of the Freedom of Information Act 2015 as the legal basis for refusal.

Data Disclosed

• 2025-01-22
• 2025-08-18
• 15 April 2025
• 4392117
• Section 11(3)(d)
• Section 60
• five boat park spaces

Exemptions Cited

• Section 11(3)(d) of the Freedom of Information Act 2015 (Vexatious, malicious, frivolous, misconceived or lacking in substance)

Original Request

'1. Have harbour dues or houseboat dues as the case may be, been paid up to date in respect of the vessel named "Udale", which is currently moored on the West Quay in Peel; and 2. If harbour dues or houseboat dues as the case may be haven't been paid in respect of the "Udale", please let me have a list showing for each each year the amount of harbour dues/houseboat dues which have not been paid; and 3 If harbour dues/houseboat dues have not been paid for any year in respect of the "Udale" , please let me know what action the public authority has taken to recover the dues in respect of each year; and 4 Have boat park fees been paid up to date in respect of "The Dawn" which is currently taking up five boat park spaces in the House of Manannan Boat Park?; and 5. If boat park fees haven't been paid in respect of the "The Dawn", please let me have a list showing for each each year the amount of boat park fees which have not been paid in respect of "The Dawn"; and 6. If boat park fees have not been paid for any year in respect of "The Dawn" please let me know what action the public authority has taken to recover the fees in respect of each year; and 7. Have boat park fees been paid up to date in respect of all of the remaining vessels and trailers currently lying in the boat park spaces in both the House of Manannan boat park and the Peel Marina boat park ? and 8. If boat park fees have not been paid up to date in respect of any of the vessels referred to, please let me have a list showing for each year by description each vessel and each trailer, the amounts of boat park and/or trailer fees which have not been paid; and 9. If boat park fees have not been paid up to date please let me know what action the public authority has taken to recover the fees in respect of each year for each vessel and each trailer."

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: 4392117 15 April 2025

Dear ###

This request is being handled under the Freedom of Information Act 2015.

We write further to your request, received 22 January 2025, which states:

"'1. Have harbour dues or houseboat dues as the case may be, been paid up to date in respect of the vessel named "Udale", which is currently moored on the West Quay in Peel; and

1. If harbour dues or houseboat dues as the case may be haven't been paid in respect of the "Udale", please let me have a list showing for each each year the amount of harbour dues/houseboat dues which have not been paid; and

3 If harbour dues/houseboat dues have not been paid for any year in respect of the "Udale" , please let me know what action the public authority has taken to recover the dues in respect of each year; and

4 Have boat park fees been paid up to date in respect of "The Dawn" which is currently taking up five boat park spaces in the House of Manannan Boat Park?; and

1. If boat park fees haven't been paid in respect of the "The Dawn", please let me have a list showing for each each year the amount of boat park fees which have not been paid in respect of "The Dawn"; and

2. If boat park fees have not been paid for any year in respect of "The Dawn" please let me know what action the public authority has taken to recover the fees in respect of each year; and

3. Have boat park fees been paid up to date in respect of all of the remaining vessels and trailers currently lying in the boat park spaces in both the House of Manannan boat park and the Peel Marina boat park ? and

4. If boat park fees have not been paid up to date in respect of any of the vessels referred to, please let me have a list showing for each year by description each vessel and each trailer, the amounts of boat park and/or trailer fees which have not been paid; and

5. If boat park fees have not been paid up to date please let me know what action the public authority has taken to recover the fees in respect of each year for each vessel and each trailer.""

While our aim is to provide information whenever possible, under section 11(3)(d) of the Act a public authority may refuse to give the information requested in the request for information is vexatious, malicious, frivolous, misconceived or lacking in substance. Examples of factors which a public authority may take into account in determining if your request is vexatious etc. are set out in the Code of Practice issued under s60 of the Act, which you can find here www.tynwald.org.im/business/opqp/sittings/Tynwald%2020142016/2015-GD- 0068.pdf. We consider that a number of these factors apply to your request: While the Public Authority aims to provide information wherever possible, under Section 11(3)(d) of the Freedom of Information Act 2015, a Public Authority may refuse a request where it is deemed to be vexatious, malicious, frivolous, misconceived, or lacking in substance.

The Code of Practice issued under Section 60 of the Act provides examples of the factors that may be considered when determining whether a request falls into one of these categories. This Code is publicly available at:

www.gov.im/media/1358113/foia-code-of-practice.pdf

Having reviewed your correspondence, the Public Authority considers a number of these factors to be relevant in this case. Specifically, the request is considered vexatious. The Public Authority has already provided a clear explanation as to why a practical refusal reason may be applied under Section 11(3)(d), and, in accordance with its duty to advise and assist under Section 15 of the Act, has offered support in helping you revise your request into a more manageable form.

However, in response to this assistance, you stated in your email on 14th April at 11:48:

'You're right, I could amend my request, but I have no wish to do so.'

In view of this continued refusal to engage constructively in refining the request, the Public Authority must advise that it is being refused under Section 11(3)(d) of the Act. This is on the basis that the request is vexatious as defined in Section 2.4 of the Code of Practice. In particular, your refusal to cooperate or consider reasonable alternatives has demonstrated an intransigent approach, despite the Department's efforts to assist.

Accordingly, the Public Authority is not obliged to comply with your request.

Should you wish to submit a new request in line with previous advice on the terms and scope, you are welcome to do so using the form available on our website:

www.gov.im/about-the-government/freedom-of-information/make-a-freedom-of- information-request/

Please quote the reference number 4392117 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.