DFDS’s Finlandia Seaways berthing trials costs (FOI)

​​Request

Danish ferry service DFDS has been conducting berthing trials in Jersey and Guernsey recently.

A

Please confirm whether the Government of Jersey has been funding these trials or partially funding them.

B

Please confirm the precise amount that the Government of Jersey has paid to this firm since the beginning of 2024 in relation to the berthing trials or other matters. Please break this down into the amount paid per month and also the amount due to be paid in the remainder of 2024 into 2025.

C

Please confirm when these payments are due to end.

D

Please confirm why these payments have been made and who signed off the payments.

Response

A

The Government of Jersey has met the cost of berthing trials for Finlandia Seaways, Seven Sisters and will meet the cost for the trial of Mistral, currently scheduled for 15th October 2024.

B and C

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

D

The berthing trials for the vessels named in the response to (A) above have been requested by the Government of Jersey and are consistent with government’s responsibility to ensure resilience of the island’s supply chain. 

​The payments have been authorised by the Chief Officer of the Department for the Economy in line with the department’s responsibility for matters related to sea connectivity and in support of the Minister for Sustainable Economic Development’s responsibility as a competent authority.

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) is a prejudice-based exemption. That means that to engage this exemption there must be a likelihood that disclosure would cause prejudice to the interest that the exemption protects. In addition, this is a qualified exemption, and consideration must be given to the public interest in maintaining the exemption.

The Scheduled Public Authority (SPA) considers that providing information could prejudice the commercial interests of the Government of Jersey and / or third parties. There may be public interest in the commercial information, however it was considered that this is outweighed by the potential for commercial and or financial damage.

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.​