Changes to the Freedom of Information process (FOI)

Request 685695866

​Freedom of Information Review

During the oral question time of the States Assembly meeting on 4th February 2025 there was a question asked of the Chief Minister about possible changes to the freedom of Information scheme.

The Chief Minister said that he would provide a copy of the terms of reference for the review to the questioner.

Please provide me with a copy of these terms of reference.

Please also provide me with the name(s) or job title(s) of the author(s) of these terms of reference and the date on which they were produced,

Response

It is anticipated that the requested information will be published on Gov.je no later than the end of February 2025. Article 36 of the Freedom of Information (Jersey) Law 2011 has therefore been applied. 

​Article applied 

Article 36 - Information intended for future publication

(1) Information is qualified exempt information if, at the time when the request for the

information is made, the information is being held by a public authority with a view to its being published within 12 weeks of the date of the request.

(2) A scheduled public authority that refuses an application for information on this ground

must make reasonable efforts to inform the applicant –

(a) of the date when the information will be published;

(b) of the manner in which it will be published; and

(c) by whom it will be published.

(3) In this Article, “published” means published –

(a) by a public authority; or

(b) by any other person.

Public Interest Test

Article 36 is a qualified exemption, which means that a public interest test has to be undertaken to examine the circumstances of the case and decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Public interest considerations favouring disclosure 

• disclosure of the information would support transparency and promote accountability to the general public. 

Public interest considerations favouring withholding the information 

• It is intended to publish the relevant information on www.gov.je within 12 weeks of the receipt of this request. It is reasonable for the Government of Jersey to publish information in an orderly manner, following completion of appropriate internal processes.  Publishing in advance, and in such close proximity to the expected publication date, would potentially undermine the orderly publication and conduct of work (when the public benefit of earlier publication under the Law would derive limited benefit).