Foreshore review (FOI)

Request

A Landside Boundary Review is being conducted about the Foreshore by the Government.

A

When is it expected to be complete and made public?

B

What are the terms of reference?

C

What is the budget?

D

How much has the project cost so far?

Response

A

The review and outcome of the Foreshore Landside Limit / Boundary is expected to be complete by April 2020. However, the deadline for this project is to be treated as flexible due to the nature of the research and the uncertainty of the findings from site observations.

B

The information you have requested is exempt under Article 35 (Formulation and Development of Policies) of the Freedom of Information (Jersey) Law 2011 as the Terms of Reference (TOR) regarding the review of Foreshore Landside Limit / Boundary have not been finalised.

C

The Jersey Property Holdings (JPH) budget for this project was estimated as £24,000 in 2019 and will be reassessed for 2020 subject to the work remaining.

D

£17,000 has been spent on the project to date.

Article applied

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.

Public Interest Test

The Scheduled Public Authority (SPA) are withholding the release of the TOR as they relate to the formulation and development of a policy and procedure by the public authority regarding the Foreshore.

Article 35 is a qualified exemption, which means that a public interest test is required. Following an assessment, the SPA is in favour of upholding this exemption for reason stated below:

• Although there is a need for transparency, accountability, financial and good decision making by public authorities this information relates to an ongoing situation. The SPA requires Ministers and Officers to be provided with full, frank advice from officials about the possible impact of proposed policy, and for officials to be able to discuss and test those proposed policies in a comprehensive way.

• release of the information at this stage might generate misinformed debate. This would affect the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately.

• premature disclosure of this information may limit the willingness of parties to provide their honest views and feedback. This would hamper and harm the policy–making process not only in relation to this subject area but in respect of future policy development across wider Departmental business