Ferry service tendering document (FOI)

​Request

In order to receive tenders from interested ferry service providers the COM must have circulated a document to interested parties in order for them to register and interest and commence the negotiating process.

Please can you provide the documentation representing the original tender solicitation paperwork.

I appreciate that there will be commercial sensitivity exemptions as far as figures are concerned and I am not asking for documentation containing costs etc.

What I am looking for is documentation that explains what the COM was asking for by way of a ferry service over the forthcoming contract period. 

Essentially I want to be able to compare what we asked for and what we end up with 

For example but not exhaustively:

Number and types of vessels

Passenger service requirements

Freight service requirements

Service destinations and frequencies during peak, shoulder and winter months

Service resilience - Provisions in place to cover vessel breakdown or being out of service for maintenance etc

Response

The information requested is exempt under Articles 34 and Article 35 of the Freedom of Information (Jersey) Law 2011 as this project is currently live and at a critical stage of contract finalisation.  

Articles applied 

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.

Article 35 - Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

Public Interest Test

Article 35 is a qualified exemption and, as such, the Government of Jersey has conducted a prejudice test as required by law.

The Government of Jersey has made an assessment on whether in all of the circumstances the public interest in disclosing the information would be outweighed by the prejudice that would be likely if it were disclosed.

Once a policy is formulated and published, the public interest in withholding information relating to its formulation is diminished. However, the use of the exemption can continue to be supported if it preserves sufficient freedom during the policy formulation phase to explore options without that process being hampered by some expectation of future publication.

In applying this article, the following considerations were taken into account. 

Public interest considerations favouring disclosure: 

disclosure of the information would support transparency and promote accountability to the general public, providing confirmation that the necessary work is being undertaken disclosure to the public fulfils an educative role about the early stages in policy development and illustrates how the department engages with parties for this purpose.  

Public interest considerations favouring withholding the information: 

In order to best develop policy, law and provide advice to Ministers, officials need a safe space in which free and frank discussion can take place – discussion of how documentation is presented and provided is considered as integral to policy and legal development as iterations of documents are demonstrative of the development process the need for this safe space is considered at its greatest during the live stages of development release of the information at this stage might generate misinformed debate. This would affect the ability of officials to consider and develop policy and law away from external pressures, and to advise Ministers appropriately

premature disclosure of this information may limit the willingness of parties to provide their honest views and feedback. This would hamper and harm the policy–making process not only in relation to this subject area but in respect of future policy development across wider departmental business.

Therefore, having considered the public interest, the Government of Jersey has concluded that the public interest in disclosing this information is outweighed by the potential prejudice that would likely result.​