Steve Mercer TT accident

Summary

The requester asked if the Department for Enterprise conducted an investigation into the 2018 TT accident involving Steve Mercer and a Course Inspector Car. The Department responded that it does not hold the information because it did not carry out the investigation, noting that independent investigations were commissioned by the Race Organisers and their insurers.

Key Facts

• The Department for Enterprise did not conduct an investigation into the Steve Mercer accident.
• The Race Organisers commissioned an independent investigation into the incident.
• The Organisers' insurers are also carrying out an investigation.
• The Department does not hold any investigation reports other than an email noting a likely completion date.
• The Department previously addressed this topic in request reference 545933.

Data Disclosed

• 682067
• 2018-12-17
• 2018-12-27
• 19 December 2018
• 545933
• 23 July 2018
• late September
• TT 2018
• TT2018

Original Request

Has any investigation into the accident involving Steve Mercer and a Course Inspector Car at TT 2018 been carried out by the your Department? If so will the report be published in full? If not what were the reasons as to why not?

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 682381) Website: www.gov.im/ded Email: Anthony.walker@gov.im

Our ref: 682067 19 December 2018

Dear ###

We write further to your request which was received on 17 December 2018 and which states:

“Has any investigation into the accident involving Steve Mercer and a Course Inspector Car at TT 2018 been carried out by the Department? If so will the report be published in full? If not what were the reasons as to why not?”

While our aim is to provide information whenever possible, in this instance the Department for Enterprise does not hold the information that you have requested. The reason we do not hold the information is because the Department has not carried out an investigation into the accident. In reference to the request, the Department would initially refer you to its response to your previous request, reference 545933, of 23 July 2018. In particular, question 4 of the request and the Department’s response: 4. Subject to any criminal proceedings, will the Department be publishing in full the contents of all the investigations? “The Department holds a press release, a letter and email correspondence from the Race Organisers advising that they have commissioned an independent investigation into the incident. The Department also holds emails indicating that the Organiser’s insurers are also carrying out an investigation. As the Department is not the investigator of the incident, it does not currently hold any reports of the investigations, other than an email noting a completion date of late September for the independent investigation is likely. The Department does not hold information to confirm whether or not it will publish any reports.” The Department can further advise that it does not hold any information in regard to any investigation carried out by the Department into the incident involving Steve Mercer and the Course Inspection Vehicle at TT2018. The Department would also like to clarify that it has not undertaken such investigation.

Please quote the reference number 682067 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