Taxation of parking spaces (FOI)

Request

Could you please supply all relevant information with regards to the implementation of the taxation of corporate and personal parking places as part of the governments sustainable transport strategy.

As well as what stage this new legislation is presently at and when it is expected to be implemented.

Response

The Sustainable Transport Policy (STP) (p.128/2019) signalled that work will be undertaken to assess the costs and provision of all parking including private spaces.

This work has been recognised by the Revenue Policy Development Board and will use the evidence from the rapid analysis parking plan (outlined in the STP) to consider and bring forward policy options.

Due to the redeployment of resources as a result of COVID-19 in 2020, this work is slightly delayed.

Background policy work is currently in the early stage; no policy proposals are yet ready for stakeholder engagement and public consultation. These will come forward in due course as part of the Government’s wider commitment to re-evaluate the provision and charging for parking to support the objectives of the STP.

No further information can be released under the Freedom of Information (Jersey) Law 2011 as it relates to the development of proposed policy by a public authority and is therefore qualified exempt information under Article 35 of that Law.

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

Article 35 is a qualified exemption, which means that a public interest test has to be undertaken to examine the circumstances of the case and decide whether, on balance, 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 policy development. The Scheduled Public Authority (SPA), and indeed good government, requires Ministers to be provided with full, frank advice from officials about the possible impact of proposed policy, and for Ministers and officials to be able to discuss and test those proposed policies in a comprehensive way.

The following considerations were taken into account:

Public interest considerations favouring disclosure

• disclosure of the information would support transparency and promote accountability to the general public, providing confirmation that the necessary discussions have taken place

• disclosure to the public fulfils an educative role about the early stages in policy development and illustrates how the department engages with parties for this purpose.

Public interest considerations favouring withholding the information

• in order to best develop policy, Officers and Ministers need a safe space in which free and frank discussion can take place. The need for this safe space is considered at its greatest during the live stages of a policy. Sharing views is important to ensure that all relevant considerations are taken into account in developing and implementing policy. Disclosure at a time when these views are still being considered would negatively impact the Department’s ability to fully consider the information

• release of the information at this stage might generate misinformed debate in areas where future options have yet to be finalised. This would affect the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately

• disclosure of this information may limit the willingness of parties to provide their honest views and feedback in future. 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.

Taking into account the various factors, the SPA decided in favour of withholding the information.