Central administration building study (FOI)

Request

Back in 2016, former Treasury Minister Senator Alan Maclean approved a feasibility study into the best location for a Central Administration Building (CAB). I cannot find the results of that study anywhere on the States website. Please kindly provide details of:

A

Who undertook the study.

B

How much it cost.

C

The result (if presented in report form, for example, please provide this).

D

What, if any, CAB-related decisions were taken in light of the study.

Response

A

A concept study was undertaken by Jersey Property Holdings (JPH) Architectural Section in February 2016. The study focused on two sites: The redevelopment of “Cyril Le Marquand House” and the redevelopment of “Philip Le Feuvre House” (incorporating the adjoining “La Motte Street” site). The report concluded that overall the “Philip Le Feuvre House / La Motte Street” option would deliver a better solution.

• following a competitive tender process, Pick Everard Architects were appointed in March 2016 to lead on the Central Administration Building (CAB) Feasibility Study. Subsequent consultants (Quantity Surveyors: Tillyard, Structural Engineers: Hartigans, Mechanical & Electrical Engineers: Jersey Energy and Interior Designers Waddington Interiors) were also appointed to progress this piece of work

• the JPH Concept Study and the subsequent Pick Everard Feasibility Study were based on a Concept Brief (dated November 2015) and a Statement of Business Needs (dated March 2015) prepared by JPH

• the Central Administration Building Feasibility Study, was initially based on the “Philip Le Feuvre House / La Motte Street” site (the recommendation arising from the concept study), however, a review of the “Cyril Le Marquand House” option was undertaken that included the existing “Parish of St Helier Yard”. The “Philip Le Feuvre House / La Motte Street” site remained the preferred option

• the study (prepared by Pick Everard Architects) looked at five potential redevelopment options on the “Philip Le Feuvre House / La Motte Street” site

B

The cost for the feasibility study detailed above was £187,696.86.

C and D

The information is exempt under the Freedom of Information (Jersey) Law 2011 and cannot be released. Relevant articles and where relevant, public interest tests, are detailed below.

Exemptions applied

Article 25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

A number of references are made in the report to individuals as well as job titles which relate to specific posts and therefore would identify those individuals. Those individuals are afforded protection under Article 25.

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).

Article 33(b) – Release of information would be likely to prejudice the States of Jersey’s ability to obtain the best value for money in negotiations with the private sector ahead of a stringent tendering process.

Public Interest Test

Since the exemption engaged is qualified, not absolute, a public interest test has been conducted to assess whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the public interest in not doing so. It is judged that the public interest in raising awareness of the proposed offices by release of specific information is outweighed by the potential prejudice to the commercial interests of both the States of Jersey and to third parties who may be tendering services.

Article 34 The economy

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

(a) the economic interests of Jersey; or

(b) the financial interests of the States of Jersey.

Article 34(b) – Due confidentiality must be afforded to proceedings in order to secure the best options available without incurring a consequential impact to the public finances. Such

prejudice would be likely to occur should the information be released ahead of negotiated agreements with the private sector.

Public Interest Test

Since the exemption engaged is qualified, not absolute, a public interest test has been conducted to assess whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the public interest in not doing so. It is judged that the public interest in raising awareness of the proposed offices by release of specific information is outweighed by the need to avoid prejudice to the financial interests of the States of Jersey.

Article 35 Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

It is anticipated that the Council of Ministers will review its policy in respect of office accommodation later in 2018. Although there is a need for transparency and accountability, the report is a component of the draft Outline Business Case, which is currently being revised to reflect updated financial and other supporting information and the impact of the new and developing States Target Operating Model. It is felt that the Council of Ministers needs sufficient freedom to undertake the review, with the revised and additional information, without opinions and decisions being based solely on the findings of this report.

Public Interest Test

Since the exemption engaged is qualified, not absolute, a public interest test has been conducted to assess whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the public interest in not doing so. It is judged that the public interest in raising awareness of the proposed offices by release of specific information is outweighed by the need to formulate and deliver a comprehensive and finalised policy.

Article 38 Endangering the safety of health of individuals

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

(a) endanger the safety of an individual; or

(b) endanger the physical or mental health of an individual.

Article 38(b) – Information contained in the report refers to working patterns and possible future location of staff.

Public Interest Test

Since the exemption which is engaged is qualified, not absolute, a public interest test has been conducted to assess whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the public interest in not doing so. It is judged that the public interest in raising awareness of the proposed offices by release of specific information is outweighed by the public interest in avoiding the risk of individuals or teams being targeted in a prejudicial manner by specific knowledge of working arrangements and seating plans.