Request
The instructions to the Law Draftsman which led to the drafting and subsequent enactment of Article 35 of the Children (Jersey) Law 2002 including, but without prejudice to the generality of this request, paragraph (1) (b) of that article, and including any documents and information in whatever form held by or accessible to the Law Draftsman relating to the drafting of that article whether described as travaux préparatoires or otherwise, and any comments by, opinions of and advice from and between those instructing the drafting and the Law Draftsman and any other person regarding the intentions of those instructing and the drafting of the article.
Response
You have asked for instructions to the Law Draftsman which led to the drafting and subsequent enactment of Article 35 of the Children (Jersey) Law 2002, including any documents and information in whatever form held by or accessible to the Law Draftsman relating to the drafting of that Article, any comments by, opinions of and advice from and between those instructing the drafting and the Law Draftsman and any other person regarding the intentions of those instructing and the drafting of the Article.
Disclosure of this information is being withheld on the ground that it is exempt from disclosure under Article 32 of the Freedom of Information (Jersey) Law 2011 (legal professional privilege). The department does not consider that the public interest in maintaining the legal professional privilege referred to in that Article is outweighed by public interest in disclosure.
You have mentioned that such information may be relevant for the purposes of current court proceedings. In this regard you may find it helpful to refer to the case of Gordon v Information Commissioner and Cabinet Office: Appeal No. 2010/0115 and the Information Commission Decision of 8th May 2012 concerning the Cabinet Office (Ref FS50424157) both of which are in the public domain.
Exemption
32 Legal professional privilege
Information is qualified exempt information if it is information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
Freedom of Information (Jersey) Law 2011
