Channel Islands Ferry Service (FOI)

​​Request

Pleae provide correspondence between the Future Economic Development Department, in particular Minister Kirsten Morel and Richard Corrigan, and Condor Ferries, DFDS and Irish Ferries from 1 January 2024 to 31 March 2024 relating to types and availability of vessels that could be available to run Channel Islands ferry services.

Response

The disclosure of the requested information would likely prejudice the commercial interests of the parties involved, as well the Government of Jersey. It would further prejudice the economic or financial interests of the Government of Jersey.

​Therefore Articles 33(b) and 34 of the Freedom of Information (Jersey) Law 2011 have been applied.

Articles 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

Article 33(b) of the Freedom of Information Law allows an authority to refuse a request for information where its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information). 

Whilst it is accepted that the public may have an interest in the requested correspondence, it is considered that releasing this information could affect the commercial interests of the suppliers and the Government of Jersey.

Article 34 - The economy

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the economic interests of Jersey; or

(b) the financial interests of the States of Jersey.

Public Interest Test

Article 34 is a qualified exemption which requires there to be a likelihood of prejudice against the economic interests of Jersey or the financial interests of the States of Jersey. Whilst this could include reputational concerns, the larger concern is whether the economic interests of the Government of Jersey could be prejudiced by the release of information that could undermine Jersey's reputation.

The following extract from the guidance of the UK Information Commissioner should also be noted:

The exemption concerns the effect on the economy rather than the government's ability to manage the economy. However, since it is an aim of governments to improve economic prosperity, weakening the government's control over the economy may also damage the economy itself.

Public interest would not be served by disclosing information which may have a detrimental impact on the economy.​