Jersey Gas Company obligations (FOI)

Request

Recently the information contained below was published as an FOI request. 

A. Who authored the FOI? 

B. For what purpose was it authored if known? 

C. Does a change to the calorific output / content of gas affect the safety of its use or transport or storage in any way? 

D. Has the calorific value changed? 

E. How is it known if it has changed if the Minister is not aware of its value? 

F. Does the gas law as it stands oblige the Ministers department to inspect gas as intimated? 

G. Who is the gas examiner? 

H. Under whose authority is the gas examiner authorised to examine and to whom is he responsible? 

I. Will the Minister explain why there is no known calorific value for the gas and no examinations appear to have been undertaken or reported? 

Obligations under the Jersey Gas Company (Jersey) Law 1989 (FOI)

Response

A

The information requested is exempt under Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011.

B

The purpose is unknown, therefore, this information is not held and Article 10 of the Freedom of Information (Jersey) Law 2011 has been applied.

C

The Freedom of Information (Jersey) Law 2011 gives a right to request information that is held in recorded form, unless exempt. 

This part of the request poses a question rather than seeking information held in a recorded form. 

Therefore, this information is not held and Article 10 of the Freedom of Information (Jersey) Law 2011 has been applied.

D

The report provided in response to Question I details any changes in the calorific value of the gas between 2002 and 2022.

However, no information is held in a recorded form regarding the original Declared Calorific Value or any changes since the introduction of the Jersey Gas Company (Jersey) Law 1989, therefore, Article 10 of the Freedom of Information (Jersey) Law 2011 applies.

E

The Freedom of Information (Jersey) Law 2011 gives a right to request information that is held in recorded form, unless exempt. 

This part of the request poses a question rather than seeking information held in a recorded form. 

Therefore, this information is not held and Article 10 of the Freedom of Information (Jersey) Law 2011 has been applied.

F

The Jersey Gas Company (Jersey) Law 1989 does not state that the Department for Infrastructure, Housing and Environment is obliged to inspect the gas.

Jersey Gas Company (Jersey) Law 1989 (jerseylaw.je)

Official Analyst (Jersey) Law 2022 (jerseylaw.je)

G

The Official Analyst is appointed to carry out the inspection on the gas as referenced in response to question F.

The name of the Official Analyst is exempt from release under Article 25 (Personal Information) of the Freedom of information (Jersey) Law 2011.

H

The Jersey Gas Company (Jersey) Law 1989 provides the gas examiner with the authority to inspect the gas. 

I

An oversight in providing the Minister with the gas examiner’s quarterly reports meant that recent reports had not been received. However, the gas examiner has confirmed that this has been rectified.

Please see link below to a report detailing the Calorific Value of gas analysed from 2002 to 2022.

Gas summary report 2002-2022 SR_Redacted.pdf

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.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or

(b) if the authority does not hold the information, the information would be absolutely exempt

information or qualified exempt information if it had held it,the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

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.