An exemption was wrongly applied when a Freedom of Information request for a copy of the Snaefell tram accident report was refused.

But the report will still not be released as legal proceedings against the Department of Infrastructure are ongoing.

Isle of Man Newspapers had requested a copy of the report by the Health and Safety at Work Inspectorate into the incident in August last year involving a runaway Snaefell Mountain Railway tramcar.

Passengers feared for the lives as the tram lost power to its brakes as it left the summit station and careered down the track out of control.

The Department of Environment, Food and Agriculture refused our request citing an absolute exemption under the Health and Safety at Work Act.

It claimed release of information may hamper the gathering of intelligence information from confidential sources such as informants or whistle blowers.

The DEFA also cited a qualified exemption on the grounds of potential legal proceedings.

We requested a review of that decision. This concluded that there is no valid absolute exemption and this had been incorrectly applied.

However, it said that the qualified exemption relating to potential legal proceedings was justified and withholding the report was therefor the correct course of action.

’The review concludes that it cannot be in the public interest to release information that might prejudice any criminal or civil legal proceedings,’ it stated.

DEFA says a summary report will be issued once any legal proceedings are concluded.

Isle of Man Newspapers pointed out that DEFA had wrongly applied an exemption in relation to an earlier runaway tram incident on the mountain - and this had led to the disclosure of more information.

We argued that there is a clear public interest in the disclosure of information about an incident in which the lives of dozens of passengers were put at risk.

’It is fortunate indeed that no one was hurt,’ we said in our review request.

We questioned whether the publication of a report would necessarily prejudice any court proceedings, if suitably redacted.

In the UK, accident investigation reports into incidents involving aircraft or ships are routinely published as they are produced, we pointed out.

The DEFA responded: ’The incident covered by the request relates to a heritage tram; not an aircraft or a ship.

’Our understanding is that best practice in the UK is that reports into any matter would not be published ahead of conclusion of any related criminal matters.’

It said due to the possibility of legal proceedings it would not be appropriate for the decision about what may and what may not be prejudicial to be taken by department officers and so it was appropriate to withhold the report in its entirety.