Political Oversight Group for the Medicinal Cannabis Industry Minutes (FOI)

Request

Please provide the minutes of the meetings of the Political Oversight Group for the Medicinal Cannabis Industry and its replacement, the Medicinal Cannabis Ministerial Group. 

Response

There has been one meeting of the Medicinal Cannabis Ministerial Group held on 25 May 2023. Please see attached copy of the Minutes. Redactions have been applied where relevant under Articles 25 and 35 of the Freedom of Information (Jersey) Law 2011.

Minutes 25 May 2023_Redacted.pdf

Please also note that further to a previous Freedom of Information response issued in relation to this Group where it was stated that at the previous meeting held on 23 September 2021 no Minutes were taken, it has now been established that notes of the meeting are held and these are included with this response.

EDTSC Meeting Note - Medicinal Cannabis 23sept21_Redacted.pdf

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.

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 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, 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 development as iterations of documents are demonstrative of the policy development process
• the need for this safe space is considered at its greatest during the live stages of a policy
• 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.

Taking into account the various factors, the Scheduled Public Authority decided in favour of withholding the information.