Correspondence re development site at 20–24 La Motte Street (FOI)

​​Request 688944758

I am writing to request the following information under the Freedom of Information (FOI) Law:

Scope of Request

All internal communications (including but not limited to emails, letters, memos, meeting notes, telephone call notes, and any other recorded correspondence) related to the development site at 20–24 La Motte Street, St. Helier.

These communications should reference any of the following planning application/reference numbers:

RC/2022/1572

RP/2021/1017

P/2018/0504

Departments Involved; 

Planning Department

Law Officers’ Department

Time Frame;

Please provide the above-mentioned communications covering the last 3 years (from February 2022 to todays date)

Electronic copies (PDF or similar) of emails and other written correspondence.

Scanned copies of any physical documents (letters, memos, meeting notes, etc.) that are relevant.

If any part of this request is unclear or would benefit from further clarification, please let me know. If you consider that some of the requested information may be exempt from disclosure, please supply all non-exempt material and provide explanations for any redactions or exclusions by reference to the relevant sections of the applicable FOI law.

Thank you for your assistance, and I look forward to your response within the statutory timeframe.

Yours faithfully,

Response

The Government of Jersey does not hold any internal communications relating to the applications requested during the last 3 years. Therefore Article 3 of the Freedom of Information (Jersey) Law 2011 has been applied.

An investigation in this area is currently being carried out by Infrastructure and Environment (I&E).

Therefore, information relating to the investigation is currently exempt from release under Article 42 (Law Enforcement) of the Freedom of Information (Jersey) Law 2011, as the disclosure of information at this time could prejudice the inquiry. 

Furthermore, Article 31 of the Freedom of Information (Jersey) Law 2011 also applies to some of the aforesaid withheld documents.

Article 42 and Article 31 are qualified exemptions; therefore, public interest tests have been applied and are shown at the end of this response.

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 31 - Advice by the Bailiff, Deputy Bailiff or a Law Officer

Information is qualified exempt information if it is or relates to the provision of advice by the Bailiff, Deputy Bailiff or the Attorney General or the Solicitor General.

Public Interest Test

The public interest in disclosing information when this article is being applied must weigh particularly heavily in favour of disclosure in order to outweigh the inherent right to privilege. 

It is not considered the public interest in disclosing the information is outweighed by that in maintaining the exemption, as it is designed to protect the constitutional Law Officer privilege.

​Article 42 - Law enforcement

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a)     the prevention, detection or investigation of crime, whether in Jersey or elsewhere;

(b)     the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere;

(c)     the administration of justice, whether in Jersey or elsewhere;

(d)     the assessment or collection of a tax or duty or of an imposition of a similar nature;

(e)     the operation of immigration controls, whether in Jersey or elsewhere;

(f)      the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained;

(g)     the proper supervision or regulation of financial services; or

(h)     the exercise, by the Jersey Financial Services Commission, of any function imposed on it by any enactment.

Public Interest Test

Whilst disclosure of the information would support transparency, promote accountability to the general public and provide confirmation that necessary actions are taking place, the investigations in this matter remain ongoing.

As such it is considered that disclosure of these records would likely prejudice the outcome and the result of the case and that this potential prejudice outweighs the public interest in favour of disclosure at this time.