Report into Havre des Pas Lido commissioned by Deputy Tom Binet (FOI)

​​​Request

Please provide a copy of the report into the Havre des Pas Lido commissioned by Deputy Tom Binet.

Response

A copy of the requested report and appendices are attached as detailed below.

• Lido Project executive summary
• Appendix C - File notes
• Appendix D - File notes
  
• Appendix E - File notes
• Appendix G - Currie & Brown Report
• Appendix H – Ministerial Briefing note
• Appendix 1 Complex plan
• Appendix 4 Correspondence

It should be noted that Appendix 6 is a duplicate of Appendix G.

Lido Project Executive Summary Further DR_Redacted.pdf

Appendix C File note of meeting 23 March DR_Redacted.pdf

Appendix D 20230323 Meeting File note DR-Redacted.pdf

Appendix E 20230324 Meeting File note DR_Redacted.pdf

Appendix G Currie and Brown Lido Condition Report DR._Redacted.pdf​

Appendix H 20240303 Ministerial Briefing Note DR_Redacted.pdf

Appendix 1 Plan Complex and Premises NR.pdf

Appendix 4 MC and TD Correspondence DR_Redacted DR_Redacted.pdf

Personal information within the documents has been redacted in accordance with Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011. 

Information is also exempt under Articles 26 (Information supplied in confidence), 31 (Legal Advice)​, and 33(b) (Commercial Interests) of the Freedom of Information (Jersey) Law 2011.

Article 31 and Article 33 are qualified exemptions; therefore, public interest tests have been applied and are shown at the end of this response.

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 2005.

(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 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

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

Public Interest Test

The public interest in disclosing information when this article is being applied must weigh particularly heavily in favour of disclosure in order to outweigh the inherent right to privilege. 

It is not considered the public interest in disclosing the information is outweighed by that in maintaining the exemption, as it is designed to protect the constitutional Law Officer privilege.

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 is a qualified exemption and a public interest test should be carried out by the Scheduled Public Authority (SPA) to determine whether the information should be released.

It is in the public interest to be made aware of any lease arrangements and fees being received by the SPA (the Government of Jersey or any potential repair and maintenance costs in relation to the Lido site at Havre des Pas.   

However, the release of the lease agreement and any associated information, could potentially disadvantage the tenant and the Government of Jersey’s ability to retain commercial advantage in any future rental or tender negotiations regarding this site.  

Therefore, it is considered that the likely prejudice to the tenant and to the Government of Jersey, should this information be released, outweighs the argument that the release is in the public interest.​​