Emails regarding Les Sablons January 2022 to December 2023 (FOI)

​​​​​​​​Request

A

Please provide copies of all emails from January 2022 to 31 December 2023 including the term Les Sablons from the following Ministers: 

Deputy Hilary Jeune, Deputy Kristina Moore and Deputy Jonathan Renouf. 

B

Please also provide copies of all emails from the same period from the two Chief Executive Officers - Suzanne Wylie and Dr Andrew McLaughlin.

Response

Email searches were performed using the auditable email archive service of the Government of Jersey on the accounts of Deputy Hilary Jeune, Deputy Kristina Moore and Deputy Jonathan Renouf, Suzanne Wylie and Dr Andrew McLaughlin. 

​The keywords utilised were ‘Les Sablons’.   

All emails were reviewed and those in scope are attached. 

Correspondence 1_Redacted.pdf

Correspondence 2_Redacted.pdf

Correspondence 3_Redacted.pdf​

Correspondence has been withheld in accordance with Articles 25, 31 and 35 of the Freedom of Information Jersey Law (2011). 

Some information has been redacted in accordance with Article 25 of the Freedom of Information (Jersey) Law 2011. 

Articles 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.

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 

With regard to the public interest arguments, HM Treasury v IC [2009] EWHC 1811 Blake J recognised that when engaged, the Convention will carry significant weight in the public interest test. The Convention has been considered by the Office of the Information Commissioner and was held to be part of Jersey law.

Whilst it is recognised that the strong public interest in protecting Law Officers’ advice may still be overridden in some cases if there are particularly strong factors in favour of disclosure, conversely, disclosing the advice or whether advice was or will be sought could inhibit the Law Officers from (1) giving frank advice (2) inhibit government bodies in taking advice for fear of its publication; and (3) inhibit the full disclosure to the Law Officers of all material relevant to the advice being sought and therefore real weight ought to be afforded to this aspect of the Law Officers’ Convention.

Disclosing either the legal advice or the fact of whether specific advice was sought to the public is not a greater consideration of public interest that requires disclosure of the advice or confirmation of what advice was given. It does not outweigh the three principles set out above which require the long-standing Law Officer Convention to be maintained. Therefore, the balance is in favour of maintaining the exemption and it is not considered the public interest in disclosure outweighs the preservation of the Convention on this occasion.

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.

Public Interest Test 

• The development of policy includes the ongoing application of policy and the associated political discourse. Releasing information in relation to these matters risks a chilling effect on government decision making and discussions, tempering exchanges and views and undermining effectiveness decision making. 

Taking this into account, the Scheduled Public Authority decided in favour of withholding the information.​