River Water Quality

Summary

A request for river water quality testing reports from the last 12 months was refused by the Department of Environment, Food and Agriculture. The authority cited that the 2018 report is being drafted for future publication and the 2019 data is incomplete, making disclosure exempt under Section 41 of the Act.

Key Facts

• The 2018 river water quality report is currently being drafted with an aim to publish around October 2019.
• The 2019 river water quality information is not yet complete.
• The Department is not required to create new information from held data under Section 8(3) of the Act.
• A previously published report for 2015-16 is available on the government website.
• The public interest test determined that withholding the information outweighed the factors for disclosure at this time.

Data Disclosed

• 2019-08-22
• 2019-08-23
• 2018
• October 2019
• 2019
• 2015-16
• 935114
• section 41
• section 8(3)
• Freedom of Information Act 2015

Exemptions Cited

• Section 41 of the Freedom of Information Act 2015 (Information held with a view to future publication)
• Section 8(3) of the Freedom of Information Act 2015 (No requirement to create information)

Original Request

A copy of the Report of the testing of river water over the last 12 months, or in any other format

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

23rd August 2019 Our ref: 935114

Dear ###

We write further to your request which was received on the 22nd August 2019 and which states:

"A copy of the Report of the testing of river water over the last 12 months, or in any other format"

Our response to your request is as follows:

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 41 of the Act as it is held with a view to being published at a future date. The 2018 report is currently being drafted with the aim of publication around October 2019. To supply the information in any other format at this time (when a comprehensive report is already being drafted) would require the Department to create information from information that is held and this is something that we are not required to do under section 8(3) of the Act. In all the circumstances it is reasonable that the information be withheld from disclosure until that time. The 2019 information is not yet complete.

As section 41 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 Transparency of Government information and the process of monitoring river water quality will instil confidence in the public that both river water is being monitored and that it does not present a hazard to the public.

Factors in favour of withholding The base information is in a raw state at present and a comprehensive report is in the advanced stage of drafting. As the report is being drafted with the intention of publication to put more effort into producing and publishing different documentation at this time would not be the best use of resources.

In taking these factors into account the Department has determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information at this time. Further information For your further information the previously published report for 2015-16 can be found here https://www.gov.im/about-the-government/departments/environment-food-and- agriculture/environment-safety-and-health-directorate/environmental-protection-unit/water- quality/ . This is also where the 2018 report will be published.

Please quote the reference number 935114 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