Minutes and agendas of Our Hospital Political Oversight Group (FOI)

Request

Please provide the full minutes of all meetings of the Political Oversite Group (POG) for the Our Hospital project from 18 May 2020 onwards, up until the date that this request is answered.

Please also provide the Agendas for all such meetings going back to 29 May 2019 up until the same end date as the above.

Response

Please find attached copies of the requested agendas and minutes. Please note there was no agenda for the first meeting held on 29 May 2019. Please also note that the minutes from 6 July and 18 August 2020 are yet to be approved and therefore cannot be released at this time.

Our Hospital POG Agendas - Redacted

Our Hospital POG Minutes (4 June 2020) - Redacted

Redactions have been applied to the minutes where required under the Freedom of Information (Jersey) Law 2011. Justification for such redactions are provided within the detail below.

Articles 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 2018; and

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

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted

Note

Article 25 is an absolute exemption, and therefore does not require a public interest test. However, it is noted that minimal personal information has been redacted within the minutes, such redactions limited to the names and roles of less senior members of staff.

Article 33 Commercial interests

Information is qualified exempt information if –

(a) it constitutes a trade secret; or

(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).

Public interest test

Article 33 (b) is a prejudice-based exemption. That means that in order to engage this exemption there must be a likelihood that disclosure would cause prejudice to the interest that the exemption protects. In addition, this is a qualified exemption and consideration must be given to the public interest in maintaining the exemption.

The Scheduled Public Authority considers that the section of the minutes redacted under Article 33 could prejudice the commercial interests of the Government of Jersey and / or third parties. There may be public interest in the commercial information however it was considered that this is outweighed by the potential for commercial and/or financial damage.