Coronation Way and the Eastern Cycleway (FOI)

​​​​Request

Please provide updates on:

A

Coronation Way.

B

The Eastern Cycleway network.​

Response

A

The requested information is exempt from release under Article 35 (Formulation and development of policies) of the Freedom of Information (Jersey) Law 2011 since the proposed Coronation Way referenced in the linked article is currently in the development stages.

Coronation Way: Plans for new green walking and cycling route through St Helier (gov.je)​

Release of the information at this stage would likely generate misinformed debate. This could affect the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately. 

Article 35 is a qualified exemption; therefore, a public interest test has been applied and is shown at the end of this response.

B

The information requested is partially exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 as the information is accessible on www.gov.je  within the previous Freedom of Information response linked below:

​Eastern Cycleway (FOI)​

The strategic intentions for the Eastern Cycle Network are already in the public domain within the Sustainable Transport Policy Next Steps report which was published on 6 December 2023:

Sustainable Transport Policy Next Steps.pdf (gov.je)

It should be noted that a number of schemes, that will contribute to the Eastern Cycle Network, are currently being developed, therefore, further information is currently exempt from release under Article 35 (Formulation and development of policies) of the Freedom of Information (Jersey) Law 2011.  A public interest test has been applied and is shown at the end of this response.

Articles applied

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain 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 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 Government of Jersey 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.​