There was no contractual obligation to operate the horse trams this year, a government department has finally admitted.

The Department of Infrastructure has now moved from citing ’contractual obligations’ to ’supporting the island’s economy’ as the reason for keeping the horse trams running during the promenade regeneration scheme.

A Freedom of Information request by Isle of Man Newspapers in July asked for the details of contracts which the Department of Infrastructure consistently said were the reason for maintaining the horse tram service.

The department has now admitted that no contracts existed and that the DoI ’does not have a contract with any organisation’ which obliged it to run the horse trams this year.

When we originally asked for a copy of the contracts, the Examiner was supplied with some travel brochures and a copy of UK legislation on obligations of travel companies. As such we made a complaint about the department’s response.

Following an internal investigation, the department has upheld our complaint and said that our original request should have been refused ’because it [the contract] does not exist’.

The DoI added that its FoI response ’should have been explained that the "contractual obligation" being referred to was the obligation of travel companies to comply with UK legislation and not the department’.

Throughout the year, comments have been made by senior figures within the DoI such as transport projects manager Ian Longworth who in May 2019 said: ’It is important we meet our contractual obligations to our holiday makers who are expecting to come here and ride on the heritage railways and visit Manx National Heritage sites.’

In July, when asked why contractors were focusing on the tram track rather than the roadway, a DoI spokesman said: ’The department has contractual obligations to maintain the operation of the horse tram service during the 2019 season, hence the requirement to install the new section of tram corridor to allow a temporary operation.’

And promenade project manager Keith Podmore, reiterated the ’contractual obligations’ in an interview with the Manx Independent in August.

However, during a Tynwald committee appearance discussing the planning behind the Promenade scheme earlier this year, DoI Minister Ray Harmer said the feeling in 2018 was that ’it would be nice to have the horse trams running, but if they don’t that’s absolutely fine’.

In its new response to our FoI request, the DoI said: ’These may have given the impression that a legal obligation lay with the Department of Infrastructure; this is not the case.

’To be clear, the Department of Infrastructure does not have a contract with any organisation which obliges it to run the horse trams in 2019.’

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The DoI added: ’The department takes seriously its role as part of the tourism industry of the island, and the railways contribute significantly to the island’s GDP.

’For that reason, and in order to [be] supporting the ’contractual obligations’ of travel operators it commits to maintaining services that those companies include in brochures which are prepared 18 months to two years in advance of the holiday dates which offer those services.’

The decision to run the horse trams during the regeneration work on Douglas promenades has been criticised by residents, businesses owners and members of Tynwald.

The department is currently accepting bookings from operators for visits up to and including 2022. Its brochures include admissions to Manx National Heritage sites and rides on the heritage railways.

The DoI said: ’Non-operation would deter operators from using both these services and the island as a location; specialist tour operators generate seven times more income than a general holiday maker to the department and therefore the Manx economy.

’As part of the department’s commitment to supporting this area of tourism income, the continuation of the horse tram service, while reduced through necessity, was included in the scope of the Douglas promenade development works.’

In an extract of the scope document between the DoI and contractor Auldyn Construction Ltd, which is carrying out the promenade work, revealed that it was a requirement of the contract between the DoI and Auldyn for the trams to be operated from Strathallan to Castle Mona Avenue, even if just on a single track.

The DoI added: ’To summarise, the Department of Infrastructure does not have a contractual obligation to run the horse trams in 2019, but is committed to supporting the island’s economy and for that reason, ensure that a level of operation of the horse trams continued during the 2019 season.’

As revealed in last week’s Manx Independent, the end date for the promenade regeneration scheme has been put back six months to April 2021.