Info Commissioner partially upholds terminal complaint

Other exemptions applied were handled correctly

The Information Commissioner has partly upheld a complaint relating to a freedom of information request about Liverpool Ferry Terminal. 

A request was made for a range of topics including annual operating costs of the terminal, income received by the Department of Infrastructure and whether or not the terminal was operating at a loss. 

The DoI provided a response to the request, giving most of the information, but redacting parts of it under section 30 (economy and commercial interests) and section 25 (absolutely exempt personal data).

However, the applicant had also asked for a copy of the current licence agreement or lease arrangement between the DoI and the Steam Packet, with commercially sensitive information redacted if necessary. 

Dr Alexandra Delaney-Bhattacharya said that the department had redacted information under a section 30 exemption saying it could harm its commercial relationship with the licensee.

However, the applicant challenged this on the grounds that the Steam Packet is wholly owned by the government. 

Subsequently the Information Commissioner 'found no evidence of genuine commercial sensitivity or a public interest justification for keeping the information secret, particularly for the commencement dates of the contract'.

Consequently, the DoI is required to reconsider the public interest test limited to that part of the request and provide the applicant with a clear explanation of how these factors apply. 

Dr Delaney-Bhattacharya determined that the DoI’s responses to the remaining three parts were appropriate, and no further action is required in respect of those matters.