Senatorial candidates election expenses (FOI)

Request

A

Please may I have details of the election expenditure by candidates, which does not appear to be available online?

I understand it is available at the Greffe but my working hours and the hours available there to view it do not match.

B

As part of the eGov and Digital initiative, I would like to know when it will be automatically available online, just as register of members’ interests is.

Response 

A

We refuse to supply the requested information under the Freedom of Information (Jersey) Law 2011 (FOI Law) because it is absolutely exempt under Article 23 - Information accessible to applicant by other means and is absolutely exempt under Article 29  - Other prohibitions or restrictions.

However, if the applicant contacts the Judicial Greffe directly, in person at the office, by mail, telephone or email, they will handle the request in compliance with the Public Elections (Expenditure and Donations) (Jersey) Law 2014: contact details are on the ‘About the Judicial Greffe’ webpage. Please see below:

Public Elections (Expenditure and Donations) (Jersey) Law 2014 on the Jersey Law website 

About the Judicial Greffe

B

We are unable to say when this information will be automatically published online, because at present the law does not allow publication in this way. This is a matter which has been raised by the Judicial Greffier with a view to changing the law.

Freedom of Information exemptions applied:

The text of Articles 23 and 29 from the Freedom of Information (Jersey) Law 2011, which define the absolute exemptions we have applied in response to your first question, are reproduced here followed by a justification for their application in this case.

Freedom of Information (Jersey) Law 2011 on the Jersey Law website

Article 23 - Information accessible to applicant by other means

(1)     Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2)     A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Article 29 - Other prohibitions or restrictions

Information is absolutely exempt information if the disclosure of the information by the scheduled public authority holding it –

(a)     is prohibited by or under an enactment;

(b)     is incompatible with a European Union or an international obligation that applies to Jersey; 

or

(c)     would constitute or be punishable as a contempt of court.

Justification for exemptions

Article 16 of the Public Elections (Expenditure and Donations) (Jersey) Law 2014  states how declarations of expenses must be made available by the Judicial Greffier:

Public Elections (Expenditure and Donations) (Jersey) Law 2014 on the Jersey Law website 

16   Greffier to make declarations available for inspection

The Greffier shall make declarations received by him or her under this Law available for inspection, free of charge, at the offices of the Judicial Greffe, during normal working hours.”

This Article 16 defines a mechanism for making this information reasonably available to the applicant. So Article 23 of the Freedom of Information (Jersey) Law 2011 applies to the information making it absolutely exempt.

Article 16 also constrains the Judicial Greffier in determining how declarations are published. At present this prevents them being published online as suggested in the request. Similarly, release under the FOI Law would be open publication and be prohibited by this Article; therefore Article 29(a) of the FOI Law applies to this information making it absolutely exempt.