Cannabis Co-ordination Group Minutes 2021 to 2023 (FOI)

Request

Please provide the Minutes from meetings of the Cannabis Co-ordination Group since meeting number 28 was held in July 2021.

Response

There have been four meetings within the timeframe requested. The Minutes from those meetings are attached. 

Meeting 29 - 13 September 2021_Redacted.pdf

Meeting 30 - 18 October 2021_Redacted.pdf

Meeting 31 - 22 November 2021_Redacted.pdf

Meeting 32 - 8 March 2022_Redacted.pdf

Redactions have been applied to the Minutes where the information is exempt from release in accordance with Article 25 (Personal Information), Article 26 (Information Supplied in Confidence), Article 31 (Advice by the Bailiff, Deputy Bailiff or a Law Officer), Article 33(b) (Commercial Interests), Article 35 (Formulation and development of policies), Article 37 Audit functions), Article 41 (International Relations) and Article 42 (Law Enforcement) of the Freedom of Information (Jersey) Law 2011.

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

Public Interest Test

Article 31 of the Freedom of Information Law recognises the longstanding constitutional Convention that Government does not reveal whether Law Officers have or have not advised on a particular issue, or the content of any such advice. The underlying purpose of this confidentiality 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 either the content of the advice or the fact that it was sought. It ensures that Government is neither discouraged from seeking advice in appropriate cases, nor pressured to seek advice in inappropriate cases.

The request for information about whether or not advice was sought or will be sought falls within the Article 31 exemption.

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

The Scheduled Public Authority (SPA) considers that providing information Article 33(b) 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. 

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

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 is withholding the release of the information as it relates to the formulation and development of policy by the public authority. Article 35 is a qualified exemption, which means that a public interest test is required to be undertaken by the Scheduled Public Authority. On balance, it is our view that 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 several ongoing situations. The Scheduled Public Authority needs the ability to consider and reconsider the assumptions and evaluations raised within the minutes for the purpose of good government. 

Once a policy is formulated and published, the public interest in withholding information relating to its formulation is diminished, however, the use of the exemption can be supported if it preserves sufficient freedom during the policy formulation phase to explore options without that process being hampered by some expectation of future publication. The public authority needs safe space in which to rigorously explore and develop the best policy possible. 

Article 37 - Audit functions

(1) 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).

(2) A scheduled public authority referred to in paragraph (1) is a scheduled public authority that has functions in relation to –

(a) the audit of the accounts of another public authority; or

(b) the examination of the economy, efficiency and effectiveness with which another public authority uses its resources in discharging its functions.

(3) Information is also qualified exempt information –

(a) if it is held by the Comptroller and Auditor General; and

(b) if its disclosure would, or would be likely to, prejudice the exercise of any of his or her functions.

Public Interest Test

In this instance, Article 37 of the Freedom of Information (Jersey) Law 2011 has been relied upon as the Schedule Public Authority is satisfied that providing information would, or would be likely to, prejudice the exercise of its functions in relation to a matter mentioned in paragraph 2(b) of Article 37 of the said Law.

Article 41 - International relations

(1) Information is qualified exempt information if its disclosure would, or would be likely to, prejudice relations between Jersey and –

(a) the United Kingdom;

(b) a State other than Jersey;

(c) an international organization; or

(d) an international court.

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

(a) any Jersey interests abroad; or

(b) the promotion or protection by Jersey of any such interest.

(3) Information is also qualified exempt information if it is confidential information obtained from –

(a) a State other than Jersey;

(b) an international organization; or

(c) an international court.

(4) In this Article, information obtained from a State, organization or court is confidential while –

(a) the terms on which it was obtained require it to be held in confidence; or

(b) the circumstances in which it was obtained make it reasonable for the State, organization or court to expect that it will be so held.

(5) In this Article –

“international court” means an international court that is not an international organization and that was established –

(a) by a resolution of an international organization of which the United Kingdom is a member; or

(b) by an international agreement to which the United Kingdom was a party;

“international organization” means an international organization whose members include any two or more States, or any organ of such an organization;

“State” includes the government of a State and any organ of its government, and references to a State other than Jersey include references to a territory for whose external relations the United Kingdom is formally responsible.

Public Interest Test

The public interest in respect of Article 41 is weighted in favour of maintaining the exemption unless equally strong countervailing public interest arguments favour the disclosure of the information. It is recognised that there is a public interest in providing transparency about the island's network of international agreements. However, having considered the public interest, the Scheduled Public Authority concluded that the public interest in disclosing this information at this time is outweighed by the public interest considerations in withholding the information, in support of the Island's interests and to avoid any potential prejudice to the Island's relationship with the United Kingdom and other jurisdictions.

Article 42 - Law enforcement

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

(a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere;

(b) the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere;

(c) the administration of justice, whether in Jersey or elsewhere;

(d) the assessment or collection of a tax or duty or of an imposition of a similar nature;

(e) the operation of immigration controls, whether in Jersey or elsewhere;

(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained;

(g) the proper supervision or regulation of financial services; or

(h) the exercise, by the Jersey Financial Services Commission, of any function imposed on it by any enactment.

Public Interest Test

The public interest in supplying the information is outweighed by the public interest in not doing so.  Whilst it is accepted that the public have an interest in information contained within these minutes, this interest is outweighed by the public good (the public interest) to preserve the integrity of potential prevention of crime and to ensure security arrangements are not disclosed.

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