The new ferry terminal liverpool

Summary

A request was made for expenditure and estimated completion costs regarding the new Liverpool ferry terminal for the Isle of Man Steam Packet service. The Department of Infrastructure refused to disclose the information, citing legal professional privilege and the risk of financial prejudice due to ongoing disputes.

Key Facts

• The request concerned the new ferry terminal in Liverpool for the Isle of Man Steam Packet service.
• The Department of Infrastructure determined that all requested information was held but exempt.
• The exemption was based on Section 40 of the Act regarding legal professional privilege.
• The authority argued that disclosing costs could damage their negotiating position in active disputes.
• The total project cost is currently indeterminable due to unresolved liabilities and potential recoveries.

Data Disclosed

• 2025-10-27
• 2025-11-24
• 21 November 2025
• 5036242
• Section 40
• IM1 2RF
• (01624) 686785

Exemptions Cited

• Section 40 of the Freedom of Information Act 2015 (Legal professional privilege)

Original Request

How much has the department expended so far on the new ferry terminal in Liverpool for the aisle of Man Steam Packet service and what's the current estimated cost to complete all aspects of refurbishment and construction please

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: 5036242 21 November 2025

Dear ###

We write further to your request, received 27 October 2025, which states:

"How much has the department expended so far on the new ferry terminal in Liverpool for the aisle of Man Steam Packet service and what's the current estimated cost to complete all aspects of refurbishment and construction please" While our aim is to provide information whenever possible, in this instance 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:

Factors in favour of disclosure • Transparency in Use of Public Funds
There is a legitimate public interest in understanding how much public money has been spent on a project, and whether spending has been managed effectively.

• Accountability for Public Decisions
Disclosure could demonstrate that the authority is acting responsibly in handling the financial and contractual aspects of the project.

• Public Understanding of Major Projects
The public may reasonably expect information about significant expenditure to be available, particularly where there is widespread interest or impact.

Factors in favour of withholding • Risk of Financial Prejudice to the Authority and the Public Purse
Revealing cost information at this stage when expenditure figures are not yet final and may be significantly affected by ongoing claims for recovery could damage the authority's negotiating position and its ability to recoup public funds.

• Inaccuracy and Risk of Misleading the Public
The total project cost is currently indeterminable due to active disputes, unresolved liabilities, and possible recoveries for breaches or defective work. Providing incomplete, provisional, or speculative figures would risk misleading the public.

• Impact on Future Contractual and Procurement Processes
Disclosing privileged or dispute-sensitive information could prejudice the authority's bargaining position in future disputes or contract management situations, damaging the broader public interest in protecting public funds.

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 5036242 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.