Request
I would like a copy of the Tribal Capita report prepared in 2011 on the structure, operation and working practices of the Law Officers’ Department. An interim presentation was made by Tribal in October 2011. The final report was provided in 2012.
Response
We apologise for the extended delay in responding to your request, but due to the commercial sensitivity of the report we sought various advice on the request.
Article 33 (b) of the Freedom of Information (Jersey) law 2011 allows an authority to refuse a request for information where its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information). In this instance we believe that the release of the report is not in the commercial interests of the Law Officers’ Department.
Article 35 of the Freedom of Information (Jersey) law 2011 allows an authority to refuse a request for information if it relates to the formulation or development of any proposed policy by a public authority. The report assisted in the development of policies at Law Officers’ Department, some of which have been implemented, and others that are still to be implemented.
Exemptions
33 Commercial interests
Information is qualified exempt information if:
(a) it constitutes a trade secret; or
(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information)
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.
