Ferry tender (FOI)

​Request

Ferry Tender. The Government have admitted that they funded the cost of berthing trials carried out by Danish Ferry Operator DFDS. How much did it cost to fund theses trials, what was the total outlay, and how much was paid to Ports of Jersey for services rendered? (A full breakdown of the funding would be appreciated). Which Government Department funded the trials, and from which budget was the funding taken? Does the Government consider that the subsidy of a favoured operator, in a process that had many applicants, in what is supposed to be an independent tender process is ethical and in line with Government standards?

Response

1. The aggregate cost of berthing trials for St Helier and St Peter Port was funded jointly by Government of Jersey and the States of Guernsey. The disclosure of the requested information (actual cost) would likely prejudice the commercial interests of the parties involved, including 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.

2. The trials were funded by the Department for the Economy. The budget used was that as allocated to the Minister for Sustainable Economic Development. 

3. The trials were paid for under a contract for services between the Government of Jersey, States of Guernsey DFDS A/S. The trials were not associated with the tender process and formed part of this separate agreement that the Channel Island governments entered into for contingency vessels having identified a sustained and material risk to sea connectivity that required mitigation.

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 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.