Council of Ministers minutes (FOI)

Request

Please provide me with the following information concerning Agenda item B3 of the Council of Ministers’ meeting of 15 July 2010:

A

A copy of the Minute redacted as is necessary to ensure that the information supplied does not include “Exempt Information” as identified in part 4 of the Law and further redacted if necessary to ensure that any “Qualified Exempt Information” as identified in Part 5 of the Law is removed to the extent that the public interest in supplying the information then outweighs any public interest in not supplying the information.

B

Copies of all reports and briefing notes concerning the Agenda item redacted as necessary per the previous item above.

C

The reason(s), including reference(s) to Articles 23 to 42 of the Law, that the Item was part of the “B” Agenda and not the “A” Agenda.

D

If any of the reasons identified in item three above are referenced to Articles 30 to 42 of the Law please supply copies of the reasoned rationale(s) that led to the conclusion that the public interest in supplying the information was outweighed the public interest in not supplying it.

That the Council of Ministers’ meeting discussed the topic of B3 has been placed in the public domain by virtue of the circulation to all States Members of a letter from the Ports of Jersey’s Chief Executive officer to Senator A McLean (sic) dated 28 September 2016.

For the purposes of this request the expression “Law” means the “Freedom of Information (Jersey) Law 2011” as amended.

Response

A and B

Redacted copies of the minutes, report and two letters are attached.

Download Minutes, report and letters 20170315 (size 470kb)

Article 31 of the Freedom of Information (Jersey) Law 2011 has been applied to sections of the minutes and the report as it relates to the provision of Law Officer advice. In addition Article 33(b) has been applied as the information is commercially sensitive. The public interest in disclosing information when these articles are 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 exemptions.

C and D

We do not hold the information requested, as the Freedom of Information did not come into being until 1 January 2015, and therefore the Articles did not exist in 2010.

The penultimate paragraph in your request states:

“That the Council of Ministers’ meeting discussed the topic of B3 has been placed in the public domain by virtue of the circulation to all States Members of a letter from the Ports of Jersey’s Chief Executive officer to Senator A McLean (sic) dated 28 September 2016.”

However, in respect of access to official information, parliamentarians (States Members) retain a separate right of access to official information in addition to other rights they might have, under Freedom of Information legislation for example. Therefore, because they have rights of access, greater than that of the public, when information is shared with States Members it is done so in their capacity as States Members. Any confidence attached to information is therefore not lost when given to a States Member as it would, were the information to be given to the wider general public. We therefore resist your suggestion that information shared with States Members is being made publically available.

Exemptions applied
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.

Article 33 (b) – Commercial interests

Information is qualified exempt information if –

(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).