Ramsey Marina

Summary

The request sought correspondence, meeting details, and minutes regarding the Ramsey Marina proposal between the Department for Enterprise and Mr. Robin Bromley Martin. The authority disclosed meeting dates and the timeline of awareness but withheld correspondence and minutes under a qualified exemption to protect free and frank advice.

Key Facts

• The Department for Enterprise first became aware of the Ramsey Marina proposal in April 2018.
• Two specific meetings were held between the DfE leadership and Mr. Robin Bromley Martin in 2018.
• Correspondence and meeting minutes were withheld to prevent inhibiting the free and frank provision of advice.
• The public interest test determined that maintaining the exemption outweighed the factors for disclosure.
• The request outcome was upheld partially by the Information Commissioner.

Data Disclosed

• 12th April 2018
• 14:00PM
• 17th December 2018
• 11:30AM
• April 2018
• 17 May 2019
• 20 June 2019
• 831365
• section 35

Exemptions Cited

• Section 35 of the Freedom of Information Act 2015 (Prejudice to the effective conduct of public business and inhibition of free and frank provision of advice)

Original Request

1. Please supply correspondence between Mr Robin Bromley Martin and/or Ramsey Marina Ltd and the DfE Minister and/or CEO. 2. Please supply dates and times of any meetings between Mr Robin Bromley Martin and/or Ramsey Marina Ltd and the DfE Minister and/or CEO (or where either of the latter parties was in attendance). 3. Please supply any minutes or records relating to the proposed Ramsey Marina taken at any of the above mentioned meetings. 4. When and in what circumstances did the DfE first become aware of the current Ramsey Marina proposal?

Data Tables (1)

Data Tables (reformatted)

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: 831365 20 June 2019

Dear ###

We write further to your request which was received on 17 May 2019 and which states:

"1. Please supply correspondence between Mr Robin Bromley Martin and/or Ramsey Marina Ltd and the DfE Minister and/or CEO. 2. Please supply dates and times of any meetings between Mr Robin Bromley Martin and/or Ramsey Marina Ltd and the DfE Minister and/or CEO (or where either of the latter parties was in attendance). 3. Please supply any minutes or records relating to the proposed Ramsey Marina taken at any of the above mentioned meetings. 4. When and in what circumstances did the DfE first become aware of the current Ramsey Marina proposal?"

Our response to your request is as follows: Questions 2 & 4: The following meetings have taken place between the Minister for Enterprise and/or the Department for Enterprise CEO Mark Lewin and Mr Robin Bromley-Martin: • 12th April 2018 – 14:00PM (Department for Enterprise CEO and Robin Bromley- Martin in attendance) • 17th December 2018 – 11:30AM (Minister for Enterprise, Department for Enterprise CEO and Robin Bromley-Martin in attendance) According to the information we hold, the Department for Enterprise first became aware of the current Ramsey Marina proposal in April 2018.

Question 1 & 3:

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as release of the correspondence between Ramsey Marina Ltd and the CEO would be likely: (a) to inhibit the free and frank provision of advice; and (b) to otherwise prejudice the effective conduct of public business. The correspondence between Ramsey Marina Ltd and the DfE Minister and the CEO relates to proposals at an early stage of development. The Minister and the Chief Executive Officer have many meetings with businesses, many of which relate to developments at an early stage. If such correspondence was released, this would likely discourage other businesses from approaching the Minister and the Chief Executive Officer about their proposals. As section 35 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.

Factors in favour of disclosure • The public has a right to information in relation to the Department’s dealings with businesses.

Factors in favour of withholding • Releasing correspondence between the Department and a business in relation to proposals at an early stage in development will discourage businesses from approaching the Department for advice, help and support. This in turn is likely to have a negative effect on the economy as businesses are less likely to get the advice and support they need. • The Department requires a "safe space" in which to discuss ideas and proposals with businesses and disclosure is likely to prejudice this.

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 831365 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