Jersey Airport - Fireground Remediation (FOI)

Request

A

I would like the States to provide the full 'Jersey Airport - Fireground Remediation - Deed of Settlement', made in October 2004, between the Harbours and Airport Committee and the chemical manufacturer. ([redacted])

If this is not possible, I would like to request a redacted version with any paragraphs on the States of Jersey’s pledges regarding island-wide screening, and any other pledges to support the chemical company in the event of any lawsuit. 

B

I would also like to request relevant States minutes - including any Airports and Harbours Committee meetings/briefings and states debates on PFOS and interaction with the chemical company - between 1 January 2004 and 31 January 2005, or any redacted minutes. 

C

In September 2000, the manufacturer brought a team of scientists to meet with the officers of the various departments and Members of the Harbours and Airport Committee. I would like to request any minutes from this meeting. 

I understand similar FOIs have been rejected before, but I would like to request the information again for the following reasons: 

Since the initial request, government blood testing programme results have been released, showing “that some people who have received testing have higher levels of PFAS in their blood than might be expected.” and therefore, the impact it is having on islanders two decades later.

Results of blood testing for PFAS chemicals (gov.je) 

The health minister confirmed "the Government is committed to doing all we can to develop our understanding and continue conversations with Islanders as our knowledge grows” and I believe that making the document, or parts of the document, public is of interest. 

(ii)

I understand ‘Additionally, the name of the manufacturer is to be kept from the public domain’, but we have had the organisation [redacted] confirmed to us from several sources including parties using the foam at the time - and I believe this information is already publicly available.

Jersey Airport: Fireground Remediation Deed of Settlement (FOI)

(iii)

[Redacted] has since announced that by the end of 2025 it will stop manufacturing PFAS chemicals and work to discontinue their uses. Changes are being made globally in acknowledgement of the harm of PFAS. 

Global polluter [redacted] pledges to stop manufacturing toxic `forever chemicals’ (ewg.org)

(iv)

Guernsey named the chemical company in its high court action regarding PFAS.

States of Guernsey agrees to settle with [redacted] in high court action (gov.gg) 

By better understanding what has happened, it could help inform approaches to the chemicals and their impact on public health both globally and in Jersey. I believe that The Deed of Settlement is key to this understanding, and full transparency is in the public interest.

Response

A

The requested Deed of Settlement is exempt under Article 26 (Information supplied in confidence) of the Freedom of Information (Jersey) Law 2011 as detailed in the previous FoI response linked below.

Jersey Airport: Fireground Remediation Deed of Settlement (FOI)

B

The Government of Jersey does not hold the requested documents for the period 1 January 2004 to 31 January 2005, therefore, Article 10 of the Freedom of Information (Jersey) Law 2011 has been applied.

C

The minutes of the September meeting referred to are confidential, therefore the requested information is exempt from release and Article 26 of the Freedom of Information (Jersey) Law 2011 has been applied.

Articles applied

Article 10 - Obligation of scheduled public authority to confirm or deny holding Information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information, it must inform the applicant accordingly

Article 26 - Information supplied in confidence

Information is absolutely exempt information if –

(a) it was obtained by the scheduled public authority from another person (including another public authority); and

(b) the disclosure of the information to the public by the scheduled public authority holding it would constitute a breach of confidence actionable by that or any other person.