Communications re small distillers (FOI)

​​Request

I would like to see all communication, details of meeting held in the States with regard to the Small Distillers rate from the budget announcement with regard to the comments on the attached screen shot. Between Deputy Alex Curtis and also owner of the only grain to glass distillery on the island and Morel and Millar and any other States member of civil servant. 

Clarification provided:

The time frame would be from 1 May 2024 to today. Between Deputy Millar, Deputy Moran, Deputy Curtis and the Treasury and Revenue department. 

Please note: the Scheduled Public Authority make no comment on the accuracy or otherwise of the question asked. 

​Response

Email searches were conducted on the email accounts of Deputy Miller, and Deputy Morel and any correspondence within the scope of the request is attached. With regards to Deputy Curtis, please note that individual States members are not covered by the Freedom of Information (Jersey) Law 2011 in their own right. States members do not have any obligations under the Law in an individual capacity and are not listed as a scheduled public authority. 

Deputy Morel Emails redacted.pdf

Deputy Millar Emails redacted.pdf​

Redactions have been applied in accordance with Articles 25 and 33 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 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.

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 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 requested correspondence, it is considered that releasing this information could affect the commercial interests of the suppliers and the Government of Jersey.​