PFAS pollution of Jersey (FOI)

​Request

Please confirm that the Government of Jersey informed the British Government of Great Britain the following facts:

A

That in 2004 to 2005 there was an outbreak of PFAS Pollution on the Island of Jersey at the Jersey Airport; at this time the Prime Minister was Tony Blair.

B

Did thethe Government of Jersey ​also inform Boris Johnson of the PFAS pollution in Jersey when the Jersey Minister visited 10 Downing Street.

C

As there are two distinct Governments, did the States of Guernsey report this outbreak of PFAS as well?

Response

A and B

PFAS pollution occurred in the surrounding area of Jersey’s Airport in the 1990s. No record is held of PFAS Pollution occurring in Jersey in 2004 / 2005.

A review has been undertaken, including the News Release at the time of the Chief Minister’s visit to Downing Street and his meeting with the Prime Minister, Boris Johnson, however, no specific records relating to PFAS / PFOS have been found. Article 10 of the Freedom of Information (Jersey) Law 2011 applies.

Jersey is self-governing and constitutionally independent of the UK, being part of the British Isles rather than the United Kingdom. For further information, please see the following link. Thus, there is no requirement for Jersey to report on any matter relating to PFAS / PFOS to the Westminster Government. Furthermore, the Government of Jersey holds no record of the matter in question being communicated to the UK's Government.

Facts about Jersey (gov.je)

C

Information is not held by the Government of Jersey in respect of the States of Guernsey; therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies.  You may wish to contact the States of Guernsey via the following link:

Freedom of Information - States of Guernsey (gov.gg)​

Articles applied 

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

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.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or

(b) if the authority does not hold the information, the information would be absolutely exempt information or qualified exempt information if it had held it, the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

(3) If a scheduled public authority so refuses –

(a) it shall be taken for the purpose of this Law to have refused to supply the information requested on the ground that it is absolutely exempt information; and

(b) it need not inform the applicant of the specific ground upon which it is refusing the request or, if the authority does not hold the information, the specific ground upon which it would have refused the request had it held the information.