Cost of berthing trial of DFDS’s Finlandia Seaways (FOI)

​​Request

How much money did the Government of Jersey spend commissioning the berthing trial of DFDS’s Finlandia Seaways ship on Saturday 16 December 2023 at the harbour?

If you are unable to provide the costs that were only paid by Government of Jersey, please advise the total cost that was paid by Government of Jersey and the States of Guernsey to DFDS, who were responsible for bringing the ship to the islands.

Response

Disclosure of this information would be likely to prejudice the commercial interests of both the interested party and the Government of Jersey and the economic or financial interests of the Government of Jersey.

The information requested is therefore exempt under Article 33(b) and 34 of the Freedom of Information (Jersey) Law 2011

Articles applied

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

Article 33(b) of the Freedom of Information Law allows an authority to refuse a request for information where its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information). 

Whilst it is accepted that the public may have an interest in the costing of such trials, it is considered that releasing this information could affect the commercial interests of the supplier and the Government of Jersey.

Article 34 - The economy

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

(a) the economic interests of Jersey; or

(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. ​​