Complaints about election posters (FOI)Complaints about election posters (FOI)
Produced by the Freedom of Information officeAuthored by Government of Jersey and published on
18 July 2022.Prepared internally, no external costs.
Request
From the date the election date was announced, until the actual date this FOI is actioned - please provide:
A
The number of individual complainants (E.g., one email from one complainant about 10 posters = one complainant) made to the government in regard to dangerous or incorrectly placed election posters from candidates thought by the complainant to be in non-compliance with the guidance issued to all candidates and therefore the Highways laws 1956 & 1957.
B
The number of individual posters complained about (E.g., one email from one complainant about 10 posters = 10 posters) made to the government in regard to dangerous or incorrectly placed election posters from candidates thought by the complainant to be in non-compliance with the guidance issued to all candidates and therefore the Highways laws 1956 & 1957.
C
The number of complaints by email that received a reply from the department (roadworks@gov.je)
D
The number of complaints by email that did not receive a reply from the department (roadworks@gov.je)
E
The number of complaints dismissed by the department (roadworks@gov.je)
F
The number of complaints upheld by the department (roadworks@gov.je)
G
The number of posters physically removed from the highway or the footpath by the department (roadworks@gov.je) or their agent/contractors - if possible, a list of the locations and the reason for their removal also.
H
The number of posters physically removed from the highway or the footpath by the police or honorary police - if possible, a list of the locations and the reason for their removal also.
I
With regard to point B above, please break down, in detail, the number of poster complaints per candidate
J
With regard to point B above, please break down, in detail, the number of poster complaints per party
K
With regard to point B above, please break down, in detail, the number of posters REMOVED by actions in point G and H broken down by candidate.
Response
A
Infrastructure, Housing and Environment (IHE) Transport team have received complaints from four separate complainants in relation to dangerous or incorrectly placed election posters.
B
IHE have received complaints regarding 30 election posters.
C
IHE have responded to 11 complaints regarding election posters.
D
IHE responded to all complaints received regarding election posters.
E
IHE dismissed one complaint regarding election posters.
F
IHE upheld complaints about 29 posters since they were considered hazardous or in contravention of the election guidelines.
G
IHE requested that the election candidates remove seven incorrectly placed posters, however, the IHE Transport team removed the remaining 22 posters without issuing a notice to the candidate since they posed an immediate hazard risk.
H
The following table details the number of election posters that were physically removed.
Election posters removed from their original location in accordance with election guidelines
|
Location removed from | Number removed | Reasons for removal |
Green Street
| 3
| Located on a roundabout |
St Aubin's Road
| 4 | Located on a roundabout |
Tunnel | 2 | Oversized/central reservation/pedestrian crossing |
Commercial Buildings | 1 | Oversized/central reservation/pedestrian crossing
|
La Route de la Liberation
| 1 | Oversized/central reservation/pedestrian crossing
|
La Route de la Liberation | 1 | Oversized/roundabout |
La Route du Port Elizabeth | 1 | Oversized/roundabout
|
Castle Street | 2 | On pedestrian crossings/central reservation |
La Route de la Liberation | 1 | On pedestrian crossings/central reservation |
La Vallee de St Pierre | 1 | Below 7ft/affixed to sign pole |
La Rue du Moulin de Tesson | 1 | Junction/pedestrian crossing /signpost |
La Vallee de St Pierre | 3 | Below 7ft/affixed to sign pole/junction |
La Rue des Pres Sorsoleil | 1 | Below 7ft/affixed to sign pole/junction |
Total | 22 |
|
It should be noted that nine posters were also removed from Millennium Park.
The Election Advertising Guidelines do not cover parks, however, it is IHE's policy that their parks remain politically neutral.
The Parish of St Helier (POSH) are contracted to administer this park, therefore IHE requested that POSH remove any election posters that were placed in the park.
H
The States of Jersey Police (SOJP) have not removed any election posters from the highways or footpaths.
The information you have requested in relation to the Honorary Police is not held by the Government of Jersey. Therefore, the information you have requested is partially exempt under Article 10 of the Freedom of Information (Jersey) Law 2011.
However, it may be held by the parishes so you might wish to send your information request in writing to:
FOI@comite.je
Or by post to:
Parish FOI, East Wing, RJA & HS, Trinity, JE3 5JP
You can also find out more about making an FOI request to the parishes at
How to Make an FOI Request | Comité des Connétables (comite.je)
I
The following table provides the information requested.
No of poster complaints broken down by candidate
|
Candidate no | No of posters
|
Candidate 1 | 1 |
Candidate 2 | 1 |
Candidate 3 | 1 |
Candidate 4 | 1 |
Candidate 5 | 3 |
Candidate 6 | 1 |
Candidate 7 | 1 |
Candidate 8 | 3 |
Candidate 9 | 5 |
Candidate 10 | 3 |
Candidate 11 | 2 |
Candidate 12 | 2 |
Candidate 13 | 2 |
Candidate 14 | 4 |
Total | 30 |
Each candidate has been allocated a number since their name is exempt from release under Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011.
J
The following table details the number of complaints received per party.
No of Election poster complaints received per party
|
Political party | No of complaints |
Alliance | 6 |
Independent | 10 |
Progress | 7 |
Reform | 7 |
Total | 30 |
K
The following table provides the requested breakdown regarding the posters removed by IHE. Please note that these candidate numbers do not necessarily correspond with those allocated in the response to question I.
Election posters removed by IHE per candidate/parties
|
Parties/candidate | No of posters |
Party poster | 6 |
Candidate 1 | 2 |
Candidate 2 | 2 |
Candidate 3 | 6 |
Candidate 4 | 1 |
Candidate 5
| 5 |
Total | 22 |
IHE do not hold information regarding the posters that were removed by the Parish in Millennium Park, therefore Article 10 of the Freedom of Information (Jersey) Law 2011 applies.
Please see response to question H in relation to SOJP and parishes information.
Articles applied
Article 10 - Obligation of scheduled public authority to confirm or deny holding Information
(1) Subject to paragraph (2), if –
(a) a person makes a request for information to a scheduled public authority; and
(b) the authority does not hold the information, it must inform the applicant accordingly.
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.