Copy of contract between DFDS and GoJ (FOI)

​​​Request

To Date, no timetable, freight arrangements or costs have been released by the new ferry operator (DFDS). As this is impacting multiple areas of the island's economy, as well as those who do business with Guernsey, it is requested that the agreed contract between GOJ and DFDS be released to provide clarity on service level provisions, guarantees and routes.

Response

The contract will not be provided as the information requested is exempt under Article 33 of the Freedom of Information Jersey (Law) 2011.

Article 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.​