Cabbage

Summary

A request was made for details on costs and operational status regarding IoM Railways' diesel locomotive 21, specifically focusing on engine and bogie repairs. The Department of Infrastructure disclosed that engine work was covered by warranty while bogie repairs cost £58.8k, but withheld the specific value of the tender contract due to commercial sensitivity.

Key Facts

• The locomotive's engine was replaced under warranty at no cost to the Treasury.
• Bogie repairs, including springs, brake cylinders, and bearings, cost £41.8k.
• A detailed examination and assessment of the bogies cost an additional £17k.
• The bogie work was carried out in West Yorkshire by Wabtec Faiveley UK.
• The specific value of the winning tender for bogie repairs was withheld.

Data Disclosed

• 2013
• £41.8k
• £17K
• 40 years old
• Section 30
• Section 30(2)(b)
• 2019-04-29
• 2019-04-26
• 7th February 2018

Exemptions Cited

• Section 30 of the Freedom of Information Act 2015 (Prejudice to economic and commercial interests)

Original Request

How by much has been spent on the engine cabbage How much has been recovered by the seller When is it expected to be operational from

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

FOI Reference No: IM120124I Request Under The Freedom Of Information Act 2015 (“The Act”)

Thank you for your request dated 7th February 2018.

Your request

1) Please provide me with full details, including costs, of the works carried out to IoM Railways' diesel locomotive 21 to try to make it operational since it was delivered to the island in 2013. 2) What work was carried out under warranty and what work has had to be funded by the department/Treasury? 3) Where has the work to the bogies been carried out in the UK and was this contract put out to competitive tender? What is the value of that contract? 4) When is the locomotive expected to be reunited with its wheels, and when is it expected to be operational again? 5) Has a decision been taken about this locomotive's long-term future with IoM Railways?

Response to your request

1. The locomotive underwent commissioning tests with the manufacturer. Various teething problems were identified during this testing. The manufacturer made modifications to the locomotive at no charge. The engine was subsequently replaced by the engine manufacturer under warranty. A second phase of commissioning testing was undertaken and some adjustments were again made at no cost. The locomotive was accepted and operated successfully. Items were later identified with the bogies, which are over 40 years old and not covered by the warranty. As a result of further engineering activities, including the replacement of bogie springs, brake cylinders and bearings, the cost of this work amounted to £41.8k.

It was determined that the bogies had significant wear and that during use, a tyre had come loose. It could not be determined whether this was as a result of the locomotive or the track, so a detailed examination and assessment of the bogies was performed to define the extent of the upgrade work and this was undertaken at a cost of £17K.

The Department had originally sought to purchase a new locomotive but the budget approved meant that everything below the solebar was second hand, with little work done on it.

1. The engine work was undertaken by the manufacturers under warranty at no cost to the Treasury. The bogies were sent away for analysis and subsequent repair and costs for these modifications will be borne by the department.

2. While our aim is to provide information wherever possible, in this instance some of the information requested is exempt under section 30 of the Act, as disclosure would be likely to prejudice the economic and commercial interests of Wabtec Faiveley UK and the Department.

The work was carried out in West Yorkshire. Two contracts were let to Wabtec Faiveley UK to strip and inspect the bogies and then for identified remedial works. A competitive tender was undertaken for the bogie repairs.

We believe that the release of the value of the winning tender for bogie repairs into the public domain would prejudice the commercial interests of both Transport Services and Wabtec Faiveley UK. Disclosure of this information would have a direct detriment on each party’s ability to participate competitively in future negotiations for work, and in the reputation of, and business confidence in each party.

Section 30(2)(b) of the Freedom of Information Act is a qualified exemption and therefore subject to a public interest test and a prejudice test.

The outcome of the prejudice test was as follows: Wabtec Faiveley UK undertook a competitive tendering process for the bogie work. Several companies responded to the tender requirements with sealed bids and the contract was awarded to Wabtec Faiveley UK, based on an assessment of quality and price. As such, the detail and costings of the winning tender are commercially sensitive. The commercial interests of Wabtec Faiveley UK would be affected by disclosure if details of the costings were seen to be more favourable to Transport Services than those offered by Wabtec Faiveley UK to other customers for similar work. The commercial interests of Transport Services would also be affected, if the terms of the contract were found to be significantly less favourable than prospective competitors would have offered to Transport Services in future competitive tendering processes for similar work.

In assessing where the public interest lies, the following factors have been considered.

In favour of disclosure:

 Likely to improve public confidence in the degree to which Transport Services has purchased contracted work that is value for money.

 Likely to improve the degree to which business can respond to Public Sector opportunities.

 Likely to improve public awareness of how public money is being spent.

In favour of maintaining the exemption and withholding the information:

 The need to protect the commercial interests of the private sector in general and Wabtec Faiveley UK in particular. The recognition of the role that protection of private sector commercial interests have in the general health of the economy.

 The need to protect the commercial interests of the public sector in general and Transport Services in particular. The recognition of the role that protection of public sector commercial interests has in the wider context of the public interest.

 The possibility that disclosure of the information would result in financial instability.

Having balanced the factors in favour of disclosure with the factors in favour of maintaining the exemption, we consider that the exemption under Section 30(2)(b) currently outweighs the public interest in disclosure for this request.

1. The bogies are now completed, however, due to the impending season start, the department requires workshop facilities to be cleared to allow space to work on the locomotive and has not arranged a delivery date.

2. The locomotive will be included within the fleet and used to fulfil operational requirements.

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 to foi.doi@gov.im or by delivery/post to The FOI Co-ordinator, Department of Infrastructure, Sea Terminal Buildings, Douglas, IM1 2RF. An electronic version and paper version of our complaint form can be found by going to our website at www.gov.im/foireview

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; 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 rights to review is 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 https://www.gov.im/about-the-government/freedom-of-information/

Yours sincerely

Freedom of Information Response Team

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: 801865 29 April 2019

Dear ###

We write further to your request which was received on 26 April 2019 and which states:

"How by much has been spent on the engine cabbage How much has been recovered by the seller When is it expected to be operational from"

Although we have no engine called ‘Cabbage’, we have assumed that your request refers to the diesel loco No 21 ‘Vignoles’.
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. In answer to your final question, the vehicle has now completed initial commissioning tests and is available for use. The rest of the information that you have requested is already in the public domain and is available through the links below to various media items, with the final link referring to a previous FOI request, a copy of which is also attached as Appendix 1 for ease of reference. http://www.iomtoday.co.im/article.cfm?id=39931&headline=Cost+of+the+%E2%80% 98Cabbage%E2%80%99+has+topped+%C2%A3660%2C000+%E2%80%93+and+it +is+not+fixed+yet&sectionIs=news&searchyear=2018 http://www.iomtoday.co.im/article.cfm?id=47054&headline=Disgraced%20diesel%20l oco%20is%20reunited%20with%20its%20wheels&sectionIs=news&searchyear=2019 http://www.iomtoday.co.im/article.cfm?id=34559&headline=Diesel%20that%20went %20loco%20back%20on%20track%20soon&sectionIs=news&searchyear=2017 https://iom.icasework.com/servlet/servlets.getImg?ref=64101&bin=Y&auth=0&db=ZV D1ZPdIGvo%3D&access_token=Z7sn8VYwARIi8q8kBvWLi0z9zEhr- 7uGoIES3TI4MwA%3D.0VzjbKPP7xwe2sAjd7sCYQ%3D%3D Please quote the reference number 801865 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

FOI Response Team