Le Câtillon Coin Hoard correspondence (FOI)

Request

Please provide all emails either sent or received by Richard Corrigan concerning the Le Câtillon Coin Hoard.

Response

Please find attached extracted emails sent and received by Richard Corrigan concerning Le Câtillon Coin Hoard.

 Email correspondence 1 (pdf)

 Email correspondence 2 (pdf)

Please note that in the first set of emails there is a reference made to "financial irregularities". In this context "regularity" is a technical term, defined by the Comptroller and Auditor General in her Code of Audit Practice (published in 2020) as "A concept relating to the application of funds for the purposes intended by the legislature and in accordance with a relevant framework of authorities". It is important to understand that this does not imply any fraudulent activity or wrongdoing.

A number of exemptions have been applied to these emails and appropriate redactions have therefore been applied. Please see 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.

Article 26 - Information supplied in confidence

Information is absolutely exempt information if –

(a) it was obtained by the scheduled public authority from another person (including another public authority); and

(b) the disclosure of the information to the public by the scheduled public authority holding it would constitute a breach of confidence actionable by that or any other person.

Article 31 - Advice by the Bailiff, Deputy Bailiff or a Law Officer

Information is qualified exempt information if it is or relates to the provision of advice by the Bailiff, Deputy Bailiff or the Attorney General or the Solicitor General.

Public Interest Test

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 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.

Public Interest Test

The Scheduled Public Authority (SPA) is withholding the release of certain emails under Articles 31 and 32. Articles 31 and 32 are qualified exemptions, which means that a public interest test is required to be undertaken by the SPA. It is therefore necessary for the SPA to examine the circumstances of the case. The underlying purpose of the confidentiality inherent within Articles 31 and 32 is to protect fully informed decision making by allowing government to seek legal advice in private, without fear of any adverse inferences being drawn from the content of the advice. It ensures that government is neither discouraged from seeking advice in appropriate cases, nor pressured to seek advice in inappropriate cases.

Following assessment, the SPA has to 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 and accountability by public authorities, the public interest does not outweigh the SPA's requirements to maintain legal professional and Law Officer privilege respectively.

Article 33(b) - Commercial interests

Information is qualified exempt information if –

(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

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.

Public interest considerations favouring withholding the information

• the release of the sensitive commercial information could significantly disadvantage the States of Jersey's ability to retain commercial advantage in any such future process leading to the inability to secure best value for the tax payer; this will likely prejudice the States of Jersey finances as its bargaining power decreases
• costs are the result of negotiations and therefore commercially sensitive to release
• impact of a breach of confidentiality, leading to a negative commercial outcome.
• whilst it is accepted that the public may have an interest in information about Le Câtillon Coin Hoard, it is believed that providing details of any costs involved at this time, are commercially sensitive and that the release of this data could affect the negotiation of future contracts.

Article 34 - The Economy

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(b) the financial interests of the States of Jersey.

Public Interest Test

Article 34 is a qualified exemption which requires there to be a likelihood of prejudice against the economic interests of Jersey or the financial interests of the States of Jersey. Whilst this could include reputational concerns, the larger concern is whether the economic interests of the States of Jersey could be prejudiced by the release of information – in this instance confidential information, that could undermine Jersey's reputation.

The following extract from the guidance of the UK Information Commissioner should also be noted:

The exemption concerns the effect on the economy rather than the government's ability to manage the economy. However, since it is an aim of governments to improve economic prosperity, weakening the government's control over the economy may also damage the economy itself.

Public interest would not be served by disclosing information which may have a detrimental impact on the economy.

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.

The Scheduled Public Authority (SPA) is withholding the release of certain parts of the information as it relates to the formulation and development of policy and procedure by the public authority.

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 procedural 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, officials need a safe space in which free and frank discussion can take place – discussion of how documentation is presented and provided is considered as integral to policy and procedural development as iterations of documents are demonstrative of the development process
  
• the need for this safe space is considered at its greatest during the live stages of a project
• 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
• disclosure of this information may limit the willingness of parties to provide their honest views and feedback. This would hamper and harm the policy and procedure making process not only in relation to this subject area but in respect of future project development across wider Departmental business.

Taking into account these various factors, the decision has been made to maintain this exemption.

Article 37(1) - Audit functions

Information is qualified exempt information – (a) if it is held by a scheduled public authority mentioned in paragraph (2); and (b) if its disclosure would, or would be likely to, prejudice the exercise of any of the authority's functions in relation to a matter mentioned in paragraph (2)(a) or (b).

Public Interest Test

Having considered the public interest, the public authority's decision is to withhold the information.