KWC

Summary

A request for internal and external communications regarding a £2.2m loan to King William's College was refused as all information was held but exempt under Section 30 of the Freedom of Information Act 2015.

Key Facts

• The Department for Enterprise determined that releasing the communications would harm the commercial interests of the business and the Isle of Man's economy.
• The authority stated that sufficient information regarding the loan has already been disclosed via media releases and the House of Keys.
• The request was received on 8 April 2025 and the final outcome was issued on 22 May 2025.
• The department argued that disclosure could dissuade other businesses from applying for financial support due to confidentiality concerns.

Data Disclosed

• £2.2m
• 2025-04-08
• 2025-05-22
• Section 30
• 30(1)(a)
• 30(1)(b)
• 30(1)(c)
• 8th April 2025
• Q1.13

Exemptions Cited

• Section 30: Economy and Commercial Interests
• Section 30(1)(a)
• Section 30(1)(b)
• Section 30(1)(c)

Original Request

I seek the publication of all internal and external communications from the previous 12 months relating to the £2.2m loan given to King Williams College.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 4572929 22 May 2025

Dear ###,

Re: Freedom of Information Act 2015

I write further to your request, received on 8th April 2025, which states:

"I seek the publication of all internal and external communications from the previous 12 months relating to the £2.2m loan given to King Williams College."

Our response to your request:

Under the Freedom of Information Act 2015 a resident citizen of the Island is permitted to request information from a public body and that information should be provided if it is in the public interest to do so. A public body must consider several factors before it determines whether it is in the public interest to release information that has been requested that is not already published or available via other means.
Under the aforementioned Act a public body may invoke what is termed as an “exemption” which permits it to decline to provide the information requested, either because it would not be in the public interest to do so or because it is a “classed based exemption” which means that there is no requirement to undertake a public interest test as that has already been predetermined.

However, a citizen is permitted to request information from a public body but not request that it publishes information, in the wider sense of the word. Notwithstanding this the Department will respond to your request as if you are asking for the information from a personal standpoint.

Generally, we seek to release information wherever possible, and we routinely publish such that we consider the public or businesses will be interested in or should be aware of. In this instance the information you have requested has been determined to fall within an exempted category, that being Section 30, Economy and Commercial Interests, more specifically section 30(1)(a), (b) and (c) as we have determined that it would not be in the public interest to release it.

Assessment of Section 30 (1) a-c Exemption

The Department is responsible for providing a range of financial support measures to businesses, for the wider purpose of encouraging the growth, and protection, of the Isle of Man's economy.

If the Department were to release communications surrounding financial support, this may:
• dissuade businesses from applying for financial support from the Department, as they may not wish their communications with the Department to be published in the public domain;
• Be harmful to the commercial interests of the business as the release of communications could provide their competitors, suppliers and/or consumers with information which may be harmful to the business’ economic interests and therefore the economic interests of the Island; • be harmful to the economic interests of the Island, as the Department’s ability to negotiate effectively with businesses in terms of new applications for financial support may be prejudiced. • Restrict the ability of the Government to manage the economy as information being discussed is of a confidential nature and such a release would likely hinder frank exchanges between the private sector and Government.

Public Interest Test

Factors in favour of disclosure:

• Increased confidence in the decision-making process which may increase trust in Government; • Promotes transparency and accountability of public authorities, greater public awareness and understanding.

Factors in favour of withholding:

• The need to protect the commercial interests of the private sector, which plays a crucial role in the general health of the economy; • The need to ensure that a business can operate on a competitive basis, so that a business’ ability to repay financial assistance as it becomes due is not affected, which could otherwise be a risk to public funds.
• Ensuring that Government can conduct frank exchanges between it and the private sector on matters relating to the economy of the Island.

2 Therefore, whilst the public may have an interest in the information were it to be disclosed, the Department considers that in this instance the reasons for not disclosing outweigh any benefits for disclosing.

It is not in the interest of the public for the information to be released due to the likelihood of harm to the economic environment of the Island, competition and the commercial interest of both the applicant and other current or future applicants to the Schemes.

It also considers that it has disclosed sufficient information via a media release and in the House of Keys for the public to understand the nature of the financial assistance awarded to King Williams College and the reasons for providing it.

To assist you further:

Publicly available information regarding the offer of financial assistance to King William’s College can be found as follows:

• Using the following link, https://tynwald.org.im/search-audio, you can listen again to the question discussed during the House of Keys on 8th April 2025 by searching by date and the discussion can be found through the audio link titled “House of Keys Q1.13 King William’s College – Financial support application”

• The Department also prepared the following statement (dated 7th April 2025) in relation to media enquiries:

“The Department for Enterprise provides a range of Schemes which can provide financial and other assistance to businesses operating in the economy. They are designed to encourage economic development and help protect and grow jobs in the Island.

This includes supporting businesses to adapt to social or economic changes, to enable them to manage transitions and maintain stability with the aim of safeguarding economic activity and employment.

King William's College (KWC), the Island’s only independent school, represents a significant employer in the south of the Island, providing 185 jobs which generate substantial annual exchequer benefit. Additionally, it provides a valuable offering for those who choose to seek it, contributing to the Island’s broader economic landscape.

An offer of assistance has been approved which provides a facility, in the form of a fully repayable grant of £2.2m, to support the construction costs associated with KWC’s ‘One School’ project which will see a consolidation of sites and improvements to facilities.

3 The ‘One School’ project represents a major capital investment programme for KWC, which will support the long-term future of the school, secure the significant level of exchequer benefit delivered through their operation, alongside creating a one-off

construction exchequer benefit as a result of the building work relating to the One School project, which will be carried out by local contractors.

The support will enable the School to proceed with the capital investment programme, whilst at the same time phasing in the full impact of additional VAT on school fees – such that there is a sustainable business plan and financial forecast into the medium term.

This offer was received and accepted by the Governing Body of KWC last Friday (4 April 2025).”

It is unusual for the specifics of financial assistance to be published, however, an exception was made in this case and agreed with King William’s College in recognition of the public interest and with the intent of transparency regarding the use of public funds.

Please quote the reference number 4572929 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. 4 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. This response took 1.5 hours to complete. I will now close your request as of this date.

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