Economic Policies Jersey Archive files (2) (FOI)

​​​​Request

Please provide copies of the files listed below that pertain to the economic policies of Jersey from the 1960s to 1990s, specifically in reference to their low taxation policies and developing Jersey as an international finance centre. All of these are held in the Jersey Heritage Archives:-​​​

D/G/A1/2/10/1/2 

D/G/A1/2/10/1/3 

D/G/A1/2/10/1/4 

Response

The requested documentation has been withheld under the following articles of the Freedom of Information (Jersey) Law 2011:

Article 26 - Information Supplied in Confidence  

Article 31 - Advice by the Bailiff, Deputy  

Article 42(g) - Law Enforcement  

Articles applied  

Article 26 - Information supplied in confidence

Information is absolutely exempt information if –

(a) it was obtained by the scheduled public authority from another person (including another public authority); and

(b) the disclosure of the information to the public by the scheduled public authority holding it would constitute a breach of confidence actionable by that or any other person.

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. 

​Public Interest Test  

The public interest in disclosing information when this article is 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 exemption, as it is designed to protect the constitutional Law Officer privilege. 

Article 42 -Law enforcement  

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

(a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere; 

(b) the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere; 

(c) the administration of justice, whether in Jersey or elsewhere; 

(d) the assessment or collection of a tax or duty or of an imposition of a similar nature; 

(e) the operation of immigration controls, whether in Jersey or elsewhere; 

(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained; 

(g) the proper supervision or regulation of financial services; or 

(h) the exercise, by the Jersey Financial Services Commission, of any function imposed on it by any enactment. ​ 

Article 42 is a qualified exemption, which means that consideration must be given to both the reasons for releasing the information, balanced against the reasons for withholding it.    

Factors that support releasing the information    

• disclosure of the information would support transparency  
• disclosure would promote accountability to the general public  
• disclosure would provide confirmation that necessary actions are taking place.    

On balance, it is considered that the withheld information is exempt from disclosure under Article 42(g) of the Freedom of Information (Jersey) Law 2011, which states that information is exempt from publication if its disclosure would, or would be likely to, prejudice the proper supervision or regulation of financial services within the island.   

An assessment has been made as to whether, in all the circumstances, the public interest in supplying the information is outweighed by the public interest in not doing so. It is recognised that there is a public interest in providing information about the work of the Financial Services directorate in a transparent manner, however, this must be balanced against the need to keep certain correspondence and information confidential to avoid potential prejudice the release could cause.   

It has been concluded that the public interest in disclosing the withheld information is outweighed by the potential prejudice that such disclosure would or is likely to do to the work of the directorate in this instance. The Jersey Office of the Information Commissioner has published guidance on its approach to the public interest provision.¹ The approach is to weigh:   

• The public interest in transparent administration;   
• The public interest in confidentiality when it arises.  
  

¹https://jerseyoic.org/resource-room/the-public-interest-test/ ​