vehicle search

Summary

A request was made for the Department of Infrastructure's vehicle and passenger search procedures at the port, but no information was disclosed.

Key Facts

• The request was received on 30 July 2018 and responded to on 20 August 2018.
• The Department applies the International Ship & Port Facility Security Code (ISPS).
• Disclosure was refused as it would likely harm national security by aiding terrorism or criminal activities.
• The public interest test concluded that maintaining the exemption outweighed the benefits of disclosure.
• The request specifically referred to the Douglas port as the main passenger port.

Data Disclosed

• 30 July 2018
• 20 August 2018
• 547734
• 2007
• 596/07
• 01624 686785

Exemptions Cited

• Section 28 of the Act (National Security)
• Section 32 of the Act (Law Enforcement)

Original Request

Please can i have a copy of your procedures or standard search criteria for A vehicle and their passengers travelling through the port.

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

Our ref: 547734 20 August 2018

Dear ###

We write further to your request which was received on 30 July 2018 and which states:

"Please can i have a copy of your procedures or standard search criteria for A vehicle and their passengers travelling through the port."

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under sections 28 and 32 of the Act applies. The reasons why the exemptions apply are set below.
The Port is a vital transport link for the Island, with the bulk of freight and passengers passing through it. The Department applies the International Ship & Port Facility Security Code (ISPS). The enabling legislation allowing the Department to apply the ISPS Code is the Port Facility Security Regulations 2007 (statutory document 596/07). The UK Maritime Security & Resilience Division of the UK Department of Transport issue maritime security measures under the ISPS Code and in response to current threat levels. This document is classified as ‘official – sensitive’ and is available within the Department on a strictly need to know basis. Section 28 of the Act is a class and prejudice based exemption, only applying in instances where harm would or would be likely to occur. We are satisfied that disclosing the procedures or standard search criteria for vehicles and passengers passing through the port (taken to refer to Douglas in the original request as the main passenger port) would be likely to harm the national security of the Isle of Man. Our consideration of the prejudice and its likelihood of occurring, in respect of section 28 (5)(a), is that disclosure of search criteria may provide information to those engaged in terrorism or criminal activities. Such information may be used to aid those engaged in those activities in the planning or carrying out of an attack on the port or its facilities. Section 32 (1)(a) is also a prejudice based exemption, only applying in instances where harm would or would be likely to occur. We are satisfied that disclosing the procedures or standard search criteria for vehicles and passengers passing through the port (taken to refer to Douglas in the original request as the main passenger port) would be harmful to the national security of the Isle of Man. Our consideration of the prejudice and it’s likelihood of occurring, in respect of section 32(1)(a) is that disclosure of

search criteria may provide information to those engaged in criminal activity, such as drug trafficking, to attempt to avoid detection at the port as an entry or exit point. Sections 28 and 32 of the Act are qualified exemptions and therefore subject to a public interest test. For the purposes of this request and as our arguments for both exemptions are the same, the below information is the same for both Section 28 and 32. In assessing where the public interest lies, the following factors have been considered:- Factors in favour of disclosure: • Understanding by the travelling public of the procedures and the need for security checks; • Reassurance of the travelling public of the robustness of the security checking process. Factors in favour of maintaining the exemption: • Increase of the likelihood of a terrorist incident leading to the loss of life/injury/damage to property, with the information disclosed used as a tool in the planning of an incident; • Increase of criminal activity or attempts at criminal activity within the port, with the information disclosed being a contributory factor; • Disclosure may discourage organisations, such as the Department for Transport UK, from sharing information relating to maritime security with the Department; • Disclosure may prove unsettling to some members of the travelling public, who would feel more secure if the search criteria were not disclosed; • Reputational harm to the Department as a consequence of a terrorist incident or increase of criminal activity within the port. Having balanced the factors in favour of disclosure against the factors in favour of maintaining the exemption, we consider that the public interest in respect of this request lies in favour of maintaining the exemption. We have therefore concluded that the qualified exemptions provided under sections 28 and 32 of the Act apply; the standard search criteria for vehicles and passengers passing through the port should not be disclosed.

Please quote the reference number 547734 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.

Yours sincerely