Procurement process in relation to the PPC video (FOI)

Produced by the Freedom of Information office
Authored by Government of Jersey on behalf of the States Greffe and published on 18 June 2019.
Prepared internally, no external costs.

Request

I am trying to find out the basis on which a production company was chosen by the Privileges and Procedures Committee (PPC) and whether it was a fair, transparent and equitable process.

The States Greffe on behalf of PPC recently engaged Phil K Matthews Productions to produce a video explaining PPCs proposals to reform the election boundaries amongst other reforms.

Please provide:

A

A detailed explanation of the procurement process including:

• the project brief / scope

• the method(s) that this contract work was advertised

• the names of companies / people invited to tender

• the success criteria for contracting Phil K Matthews Productions

B

The cost of the video.

C

All email correspondence within the Greffe and with members of PPC relating to the procurement and subsequent contracting of Phil K Matthews Productions.

Response

The need for a video to be produced was identified by the Privileges and Procedures (Election Observers) Sub-Committee and the supplier was suggested by the Chairman of the Sub-Committee, with the supplier then put in contact with the States Greffe to confirm the engagement.

It was estimated that the cost of the video would be below the level of expenditure for which a formal tender process is required under Financial Direction 5.1 (Purchasing of Goods and Services). It was not therefore necessary to advertise the work or to invite interested parties to tender. The States Greffe does not therefore hold information in respect of those matters, nor does it hold a project brief or scope, or a list of success criteria, as these were not required for the process followed. The e-mails held by the States Greffe in respect of contracting the supplier have not been disclosed as their content is subject to the exemptions cited below.

The final cost of the video was £820, below the level at which a formal tender process is required under Financial Direction 5.1.

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 2018.

(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 2018; and

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

Justification for Exemption

Article 25 of the Freedom of Information (Jersey) Law 2011 has been applied where the release of the information would amount to an infringement of privacy in relation to the individual concerned.

Article 28 States Assembly privileges

(1) Information is absolutely exempt information if exemption from the obligation to disclose it under this Law is required to avoid an infringement of the privileges of the States Assembly.

(2) Except as provided by paragraph (3), a certificate signed by the Greffier of the States certifying that exemption is required to avoid an infringement of the privileges of the States Assembly is conclusive evidence of that fact.

(3) A person aggrieved by the decision of the Greffier of the States to issue a certificate under paragraph (2) may appeal to the Royal Court on the grounds that the Greffier did not have reasonable grounds for issuing the certificate.

(4) The decision of the Royal Court on the appeal shall be final.

Justification for Exemption

Parliamentary Privilege is a form of immunity which is necessary for a parliament to function independently, without external interference.

Information relating to the preparation of propositions for lodging by Ministers, Committee or Panels, or States members is directly relevant to the proceedings of the Assembly and therefore covered by privilege. This includes advice from the Greffier of the States, the Deputy Greffier of the States or an Acting Greffier of the States regarding the lodging of a proposition.

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).

Justification for Exemption

Article 33 of the Freedom of Information (Jersey) Law 2011 has been applied where the release of the information might prejudice the commercial interests of a person or organisation.

Please note:

This response has been issued on behalf of the States Greffe, which is responsible for the information held by (and on behalf of) both itself and the States Assembly. Neither the States Assembly nor the States Greffe (including the Legislative Drafting Office) form part of the Government of Jersey and the Government was not involved either in the examination and retrieval of any information required for this response, nor in the drafting of the response itself.