changes to the MDC Shareholder Agreement

AuthorityTreasury
Date received2025-07-24
OutcomeNo information sent - all held but exempt
Outcome date2025-07-30
Case ID4825413

Summary

The requester asked for copies of changes to the 2021 MDC Shareholder Agreement, citing a clause that supposedly mandates public disclosure. The Treasury responded that no information was sent because the requested documents are already reasonably accessible on the government website.

Key Facts

  • The request was made on 2025-07-24 and responded to on 2025-07-30.
  • The Treasury refused to send the documents under Section 20 of the Freedom of Information Act 2015.
  • The refusal was based on the information already being reasonably accessible to the public.
  • The documents are available for download on the Isle of Man Government website under the Treasury department section.
  • The requester referenced paragraph 20 of the Shareholder Agreement claiming consent for publication.

Data Disclosed

  • 4825413
  • 2025-07-24
  • 2025-07-30
  • 10th November 2021
  • Section 20
  • paragraph 20.1
  • paragraph 20.2
  • IM1 3PU
  • (01624) 685605

Exemptions Cited

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

Original Request

I'm requesting copies of all/any changes to the Shareholder Agreement dated the 10th November 2021, including changes to the shareholding, made between the Treasury and Manx Development Corporation, from the date of that Agreement up to date, including copies of all replacement Agreements by whatever names called. In making this request I'm cognisant of the fact, and I hope the Treasury is too, that paragraph 20 of the Agreement referred to provides- '20.1 The MDC gives its consent to the Shareholder to publish to the general public this Agreement in its entirety, including any changes to this Agreement agreed from time to time; and 20.2 The parties acknowledge that the Shareholder is subject to the requirements of the FOIA.'

Data Tables (1)

Full Response Text

Freedom of Information
Seyrsnys Fysseree

The Treasury Government Office,
Douglas Isle of Man, IM1 3PU

Telephone: (01624) 685605 Email: FOI.Treasury@gov.im

Government Website: www.gov.im

Our ref: 4825413 30 July 2025

Dear ###,

We write further to your request, received 24 July 2025, which states:

"I'm requesting copies of all/any changes to the Shareholder Agreement dated the 10th November 2021, including changes to the shareholding, made between the Treasury and Manx Development Corporation, from the date of that Agreement up to date, including copies of all replacement Agreements by whatever names called.

In making this request I'm cognisant of the fact, and I hope the Treasury is too, that paragraph 20 of the Agreement referred to provides-

'20.1 The MDC gives its consent to the Shareholder to publish to the general public this Agreement in its entirety, including any changes to this Agreement agreed from time to time; and

20.2 The parties acknowledge that the Shareholder is subject to the requirements of the FOIA.'"

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 reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from the Isle of Man Government website. This information is published on the following web-page under the downloadable documents section at the right hand side of the page:

https://www.gov.im/about-the-government/departments/the-treasury/manx- development-corporation/

Please quote the reference number 4825413 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.