Manx Radio

Summary

The requester sought details on the contract and payment for Manx Radio's TT 2019 coverage, including why no tender process occurred. The Department for Enterprise disclosed the total contract value but withheld specific contract provisions citing commercial interests.

Key Facts

• The fixed contract value for Manx Radio's TT 2019 coverage is £107,640.00.
• Additional variable charges bring the estimated total value to approximately £113,000.00.
• Specific contract provisions were withheld because the contract was not finalized at the time of the request.
• The Department determined that disclosing provisions would prejudice the commercial interests of Manx Radio.
• The public interest test concluded that maintaining the exemption outweighed the factors for disclosure.

Data Disclosed

• £107,640.00
• £113,000.00
• 2019-03-25
• 2019-04-11
• 2019-03-14
• 763165
• section 30
• section 30(2)(b)

Exemptions Cited

• Section 30 of the Freedom of Information Act 2015 (Commercial interests)

Original Request

I seek the publication of all material relating to the agreement made between the department and Manx Radio for the TT 2019 coverage. Including how much Manx Radio has been paid for this year's coverage. And anything related to why the tender process was not carried out?

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: 763165 10 April 2019

Dear ###,

We write further to your request which was received on 14 March 2019 and which states:

"I seek the publication of all material relating to the agreement made between the department and Manx Radio for the TT 2019 coverage. Including how much Manx Radio has been paid for this year's coverage. And anything related to why the tender process was not carried out?" We requested clarification from you that the information sought was a breakdown of the provisions and costs encompassed within the contract. You responded: “A breakdown of the provisions and costs regarding the contract would be fine thank you.”

Our response to your request is as follows: The fixed contract value is £107,640.00; however, there are additional variable charges for other services (announcements etc.) that we assessed would bring the value up to approximately £113,000.00. The Department would like to confirm that at the time of your request being submitted, the contract between Department for Enterprise and Manx Radio had not been finalised. For this reason, the Department is unable to release the provisions of this contract. However please find attached a Departmental paper which outlines the contract requirements and overall aggregated costs. While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act as disclosure would be likely to prejudice the commercial interests of Manx Radio by enabling other businesses to underbid in any future tender exercise. As section 30(2)(b) 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.

In terms of the public interest test, the factors in favour of disclosure are: ● accountability for the spending of public funds. Ensuring that public money is being used effectively and Departments are getting value for money when purchasing goods and services. Factors in favour of maintaining the exemption are: ● the need to protect the commercial interests of the private sector, which plays an important role in the general health of the economy; ● enabling the department to obtain value for money services; ● releasing the amount paid may put the company off from bidding for work for the Department, and indeed may put other companies off from bidding for contracts if they know that the amounts they are paid will be released.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken the following into consideration:
● disclosure could severely impact on the Departments and Manx Radio's ability to be competitive in the market place which could have further ramification by reducing the size and effectiveness of the market and those who are willing to provide such services to the Department; ● the information is current and may be subject to a tendering process exercise at some point in the future - disclosure could distort this; ● the Department does not routinely publish such information.

In taking these factors into account the Department for Enterprise determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 763165 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

1. 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