Foreshore Boundary Map (FOI)

Request

The Foreshore amendment voted by the States requested "the Minister for Infrastructure to provide a map, setting out the public boundary, as part of the encroachment policy document".

When might we expect such a map to be forthcoming? Is there any estimated date? If not, why not?

Response

The Foreshore Boundary Map has not yet been finalised.  Progress has been affected by a re-structure within the department and resource issues. A number of posts remain unfilled, and a recruitment process is underway, after which the department will be better placed to plan and progress this task.

However, it is likely the map will be exempt from release under Article 35 (Formulation and Development of Policies) of the Freedom of Information (Jersey) Law 2011 once it is complete.

The following revision to the proposition P.111-2020 on 24 February 2021, suggests that the map should not be published as part of the encroachment policy document as it could frustrate the resolution of the encroachment and not help the initial investigations as to whether the encroachments exist.

Encroachment on the Foreshore : Revised Policy (P.111/2020) - Amendment (P.111/2020 Amd.) - Amendment (gov.je)

Article applied

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.

In applying this article, the following considerations will be taken into account.

Public interest considerations favouring disclosure 

• disclosure of the information would support transparency and promote accountability to the general public
• disclosure to the public fulfils an educative role about the early stages in policy development and illustrates which parties may be affected.  

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. 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.