Freedom of Information (Costs) (Jersey) Regulations 201- & Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey) Regulations 201-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 22 September 2014:

Decision Reference: MD-C-2014-0161
Decision Summary Title :	Draft Freedom of Information (Costs) (Jersey) Regulations 201-; Draft Freedom of Information (Schedule 1 to Law) (Amd.No.2)(Jersey) Regulations 201-	Date of Decision Summary:	19th September 2014
Decision Summary Author:	Head of Information Management	Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:	N/A
Written Report Title :	Draft Freedom of Information (Costs) (Jersey) Regulations 201- -Report	Date of Written Report:	19th September 2014
Written Report Author:	Sr. Advisor, Freedom of Information and Head of Information Management	Written Report : Public or Exempt?	Public
Subject: (a) Draft Freedom of Information (Costs) (Jersey) Regulations 201- (b) Draft Freedom of Information (Schedule 1 to Law) (Amd.No.2)(Jersey) Regulations 201-
Decision(s): The Chief Minister approved the Draft Freedom of Information (Costs) (Jersey) Regulations 201- and agreed that they should be lodged ‘au Greffe’ forthwith for debate on 25th November 2014. The objectives of the draft Regulations are:- - to introduce cost limits on requests for information from scheduled public authorities; - to enable the estimated cost of complying with aggregated requests to be taken as the total cost of complying with all of them; and - to give the scheduled public authority the discretion to supply information which exceeds the cost limit on payment to it of a fee in a manner set out in the Regulations. The Chief Minister also approved draft Regulations to amend Schedule 1 to the Freedom of Information (Jersey) Law 2011 by adding Parishes to the list of scheduled public authorities. These Regulations will come into force on 1st September 2015. The effect being that the Parishes will be covered by the FOI Law from that date.

Reason(s) for Decision:

These Regulations are necessary in order for the provisions of the Freedom of Information and Data Protection (Amendments) (Jersey) Law 2014, registered in the Royal Court on 25th July 2014, to work effectively after it is brought into force.

Resource Implications:

The potential resource implications of the Freedom of Information (Jersey) Law 2011 overall has been well rehearsed in earlier reports to the States Assembly. The actual overall cost of FOI administration will depend upon the number of requests handled and the quality of our information management.

Action required:

The Head of Information Management to forward the two draft Regulations and accompanying report to the Greffier of the States to be lodged ‘au Greffe’ for debate on 25th November 2014.

Signature:

Position:

CHIEF MINISTER

Date Signed:

Date of Decision (If different from Date Signed):

Freedom of Information (Costs) (Jersey) Regulations 201- & Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey) Regulations 201-

DRAFT FREEDOM OF INFORMATION (COSTS)

(JERSEY) REGULATIONS 201 -

REPORT

These Regulations are intended to make a provision for requested information to be provided but with a safeguard to protect against requests that are too large and complex and which place too heavy a burden on limited resources.

The Freedom of Information (Jersey) Law 2011 (‘the Law’) provides for a cost limit to be applied when responding to requests for information. The Council of Ministers has decided that there will be a cost limit applicable when responding to a Freedom of Information (‘FOI’) request. The rate being used to estimate whether a request will exceed the cost limit reflects the infrastructure put in place to handle FOI requests and enhance information management.

It is noted that in other jurisdictions, there is also a limit on the amount of resources a public authority is required to devote to each FOI request, and this is also framed as a sum of money defined as a cost limit and hourly rate. Where similar requests are received from the same person or group of persons, these may be aggregated. These regulations use a similar formula to the one adopted in the United Kingdom with attributes which are more appropriate to a small jurisdiction in a low tax area.

Cost limits

The Council of Ministers has decided that a cost limit should be defined. This cost limit is £500, calculated at a rate of £40 per hour which equates to 12.5 hours. If the request falls within the cost limit disbursements will not be charged. Any request that is estimated to be over the cost limit may be refused. If the request exceeds the cost limit the Law confers a duty on scheduled public authorities to provide advice and assistance which may include advising a person to reframe their request so that it falls within the cost limit. For example, clarification may be sought from the requester so that the request is more specific, and therefore capable of being answered within the cost limit.

Where the cost exceeds the cost limit, the scheduled public authority has the discretion to provide the information to the requester but the whole request may be subject to a fee, calculated at the same hourly rate, and with the ability to charge for disbursements. In this instance, the scheduled public authority will retain discretion to either fully recharge the costs, or to charge a reduced charge, or no charge.

The hourly rate of £40 does not represent the salary of any individual. It reflects the investment of the States in infrastructure; training, staff, information management, Public Records (Jersey) Law 2002 compliance, legal support and the regulatory function. As a result of the preparation that has and continues to take place, the States have been able to considerably improve information management which will deliver efficiencies and enable the effective implementation of the FOI Law.

Cost limit for Parishes

The Parishes indicated that when they become a scheduled public authority that the cost limit be adjusted to take into consideration their resource limitations. A number of Parishes employ only one Parish secretary on a part time basis which would make a cost limit of £500 for each FOI request overly burdensome. Much of the information handled by the Parishes is already in the public domain, as their business is debated in public forum at Parish assemblies, so it is not anticipated that voluminous requests will be made. The cost limit has been reduced for Parishes to £200, calculated at a rate of £40 per hour which equates to 5 hours.

Aggregation

Regulation 3 provides that requests may be aggregated. This aggregation is necessary to avoid circumvention of the above cost limit, and refers to requests received from a person or persons who appear to be acting in concert or in pursuance of a campaign. Such requests will be aggregated and treated as one request, and the limits on cost and time apply.

Financial and Manpower implications

The potential resource implications of the Freedom of Information (Jersey) Law 2011 overall have been well rehearsed in earlier reports to the States Assembly. The actual resource implications of the FOI Law will depend upon the number of requests handled and the quality of information management. Where the cost of answering a request is greater than the cost limit, then a fee may be levied for both staff time and for disbursements.

Draft Freedom of Information (Schedule 1 to Law) (Amd.No.2)

(Jersey) Regulations 201- Report

The Comité des Connétables has agreed that the Parishes should come under the Freedom of Information (Jersey) Law 2011 and volunteered to be added with effect from 1st September 2015.

The purpose of these regulations is simply to amend Schedule 1 to the Freedom of Information (Jersey) Law 2011 by adding parishes to the list of scheduled public authorities that are subject to the requirements of that Law.

Guidance will be given to the Parishes by the Information Management Unit to assist the Parishes to prepare for the application of the Law to them. This cost is absorbed within the costs of the Unit.

There are no additional financial or manpower consequences for the States arising from these Regulations.