States Employment Board: 2017 agendas and minutes (FOI)

​Request

Please provide copies of the agenda and minutes of the States Employment Board for the past 12 months.

Response

Agendas and minutes of the States Employment Board (SEB) for the year ended 31 December 2017 are attached below.

2017 Redacted Agendas

2017 Redacted Minutes Q1

2017 Redacted Minutes Q2

2017 Redacted Minutes Q3

2017 Redacted Minutes Q4

Redactions have been made to the agenda and minutes as required to comply with the following articles of the Freedom of Information (Jersey) Law 2011.  

Articles and Justifications applied

Article 25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

Justification

Article 25 is an absolute exemption and as such, does not carry a public interest test. Information is absolutely exempt if it can identify an individual.

Article 32 Legal professional privilege

Information is qualified exempt information if it is information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Justification

The Scheduled Public Authority (SPA) is withholding the release of the information as some of the information contained in the minutes relates to the provision of Law Officer advice. Article 32 is a qualified exemption, which means that a public interest test is required to be undertaken by the SPA. The public interest in disclosing information when this article is being applied must weigh particularly heavily in favour of disclosure in order to outweigh the inherent right to privilege. It is not considered the public interest in disclosing the information is outweighed by that in maintaining the exemption, as it is designed to protect the constitutional Law Officer privilege.

Article 35 Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

Justification

The SPA is withholding the release of the information as it relates to the formulation and development of policy by the public authority. Article 35 is a qualified exemption, which means that a public interest test is required to be undertaken by the SPA. On balance, it is our view that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Although there is a need for transparency, accountability, financial and good decision making by public authorities this information relates to several ongoing situations. The SPA needs the ability to consider and reconsider the assumptions and evaluations raised within the minutes for the purpose of good government.

Once a policy is formulated and published, the public interest in withholding information relating to its formulation is diminished, however, the use of the exemption can be supported if it preserves sufficient freedom during the policy formulation phase to explore options without that process being hampered by some expectation of future publication. The public authority needs safe space in which to rigorously explore and develop the best policy possible.

Article 39 Employment

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice pay or conditions negotiations that are being held between a public authority and –

(a) an employee or prospective employee of the authority; or

(b) representatives of the employees of the authority.

Justification

SEB meetings contain information sensitive to the review of terms, conditions and remuneration across a diverse range of States of Jersey pay grades. The SPA is therefore withholding this information as it believes that to release it could prejudice negotiations which are currently taking place. It would also be concerned that any future negotiations may be affected due to the release of information before those negotiations are concluded.

Article 39 is a qualified exemption, which means that a public interest test is required to be undertaken by the SPA. On balance, it is our view that the public interest does not outweigh the potential prejudice of release.