Freight logistics contingency service (FOI)

​​Request

1) On what date was the contract originally signed to engage a firm to provide a freight logistics contingency service to Jersey and Guernsey?

2) who signed the contract on behalf of the Government of Jersey. 

3) please provide minutes, including attendees of the meetings and scrutiny meeting documents regarding the contract.

4) what date does the contract terminate for the provision of the contingency ferry for Jersey? 

5) if there is no specific date, what date was the provider provided with the cancellation of the contract for the Jersey element of the contract given DFDS will be providing a contingency plan for the Jersey service? 

6) if applicable, how many months is the notice period for termination of the contract 

7) to date, how much has been paid in total by GoJ for the provision of the contingency service? 

8) is there a termination of contract fee and if so, how much is that? 

Response

1. The Government of Jersey (and the States of Guernsey) originally contracted DFDS to provide a contingency arrangement for ferry services on 15th December 2023. This was renewed to cover the calendar year 2024. 

2. The contract was signed by the Chief Officer within the Department for the Economy and a counterpart senior official from the States of Guernsey.

3. This information is exempt under Articles 33 and 34 of the Freedom of Information (Jersey) Law 2011.

4. The current contract expires on 31st March 2025.

5. The Government of Jersey may terminate for convenience under notice of not less than 28 calendar days in writing. Likewise, the Operator may terminate by written notice of not less than 56 calendar days. 

6. This information is exempt under Article 33 of the Freedom of Information (Jersey) Law 2011

7. This information is exempt under Article 33 of the Freedom of Information (Jersey) Law 2011

8. This information is exempt under Article 33 of the Freedom of Information (Jersey) Law 2011

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).

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 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.