Access to archived file D/AL/C5/A/15/55 (FOI)

Request

Jersey Archive file D/AL/C5/A/15/55

I would like to request a copy of the document and associated commercial and legal documents.

Response

The information requested is currently exempt under Article 33(b) (Commercial Interests) of the Freedom of Information (Jersey) Law 2011 as the details of the contract and legal claims are considered to be commercially sensitive.

However, a report regarding the Cavern is available on www.statesassembly.gov.je and can be accessed using the following link:

St Helier Surface Water Link and Storage Tank Contract (“The Cavern”): Report – Volume 1.pdf (states assembly.gov.je)

Article 33 is a qualified exemption; therefore, a public interest test has been applied and is shown at the end of this response.

Article applied

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

It is in the public interest to be made aware of claims in relation to the Government of Jersey’s construction of the Cavern.

However, the release of the specific claim documentation could potentially disadvantage the principle contractors and the Government of Jersey’s ability to negotiate any future contracts.

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