Contingency contracts and payments DFDS (FOI)

Request​ 683128938

Please can you confirm the following:

1) What is the amount Jersey are paying DFDS for the contingency ferry service? Previously it was stated at circa £600k between Jersey and Guernsey. If Guernsey did not extend then is Jersey now paying the full £600k - please provide the figure.

2) I understand the current term of this contingency contract to run until March 28th. Please confirm the previous terms, and the dates of renewal for each term.

Response

1) The Government of Jersey is paying a sum to DFDS A/S which represents the cost of chartering underlying vessels owned by other private companies. This information is commercially sensitive. Therefore, Article 33 of the Freedom of Information (Jersey) Law 2011 has been applied.

2) The previous terms of this contingency were as follows:

Agreement 1 (Provisional)

Commenced: 15 December 2023

Concluded: 18 December 2023

Agreement 2:

Commenced: 22nd December 2023

Concluded: 31st August 2024

Agreement 3:

Commenced: 1st September 2024 

Concluded: 31st December 2024

Agreement 4: 

Commenced: 1st January 2025

Will conclude: 31st March 2025

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) 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 information, it is considered that releasing this information could affect the commercial interests of the suppliers and the Government of Jersey.​

​Internal Review Request 

In the original response to 683128938 you state the amount that the government (the tax payer) is paying is commercially sensitive. Please explain the rationale for this assumption given both governments have quote approximate figures publicly? – If it is still deemed to be admissible this should not stop you confirming if Jersey is now liable for the full amount of the cost of the contingency previously split 50/50 between Jersey and Guernsey.

Clarification requested 

As this refers to the previous request and response, please confirm if you wish to request an Internal Review as per our procedure. 

Clarification received

If the procedure to obtain the answer is via an interal review then yes, please proceed. I don't believe there is anything precluding you form confirming the second aspect of the paragraph though in the original response.

Internal Review Response 

This internal review has been conducted by an official of appropriate seniority who has not been involved in the original decision. As part of their review, they will be expected to understand the reasons behind the original response, impartially determine whether the response should be revised, and how so, considering the request and the information held, any relevant exemptions, or other relevant matters under the Law. 

The Internal Review Panel was asked to review the original response and confirm the following:

Does the FOI request relate to a body to which the Law applies, or information held by a body covered by the Law? 

If the answer is no, all the other questions are not applicable.

Further questions if above is a yes:   

1. Was the right information searched for and reviewed? 

2. Was the information supplied appropriately?

3. Was information appropriately withheld in accordance with the articles applied and were the public interest test/ prejudice test properly applied? 

Following discussion, it was agreed by the Panel that:

1. Yes

2. Yes

3. Yes

The panel have reviewed the original response and have upheld the original decision of the Scheduled Public Authority and concluded that the articles applied were done so correctly.