Results of St John's Road One Way Survey (FOI)Results of St John's Road One Way Survey (FOI)
Produced by the Freedom of Information officeAuthored by Government of Jersey and published on
08 December 2023.Prepared internally, no external costs.
Request
A
Please provide the results of the St John's Road One Way Pre-Trial Community Survey carried out in mid-2023.
B
Which department drafted the questionnaire used in the St John's Road One Way Pre-Trial Community Survey?
C
If the survey results have not been collated, please provide the reason for this not being done before the launch of the trial.
D
If the survey results have not been collated, what date do you expect them to be available to the public?
Response
A, C and D
The information requested is exempt under Article 35 (Formulation and development of policies) of the Freedom of Information (Jersey) Law 2011 as this project currently remains policy under development.
B
Infrastructure & Environment within the Government of Jersey drafted the questionnaire used in the St John's Road One Way Pre-Trial Community Survey.
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
The Scheduled Public Authority is withholding the release of certain parts of the information requested as it relates to the formulation and development of policy and procedure.
Article 35 is a qualified exemption, which means that a public interest test is required.
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 and provide advice to Ministers, 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 in. 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.
Following assessment, the Scheduled Public Authority has concluded that, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
It should also be noted that 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.
Internal Review Request
Please treat this as a formal request to ask why this is Policy under development.
The scheme or trial has been agreed and is scheduled to take place. The data requested is in reference to the scheme which has been proposed, accepted and will be launched. I therefore refuse to accept that this is a policy under development.
Internal Review Response
This review has been completed by two senior staff members of the Government of Jersey, independent of the original decision-making process.
The original response has been reviewed and assessed to identify whether the application of the exemption had been applied correctly and whether it was appropriate to withhold information.
The Panel’s decision is that the application of Article 35 – Formulation and development of policies of the Freedom of Information (Jersey) Law 2011 had been correctly applied.
The reviewers, having considered the application of Article 35 in this instance, concluded that the exemption was appropriate and should be upheld.
The Government of Jersey deems it premature to release the base line survey as this could influence and biases the results of future surveys relating to this project. However, it is noted that there is an intention to publish the results in Quarter 4 2024.