Jersey Airport: Fireground Remediation Deed of Settlement (FOI)

​Request

Please provide me with the full Deed of Settlement, made on 4th October 2004, between the Harbours and Airport Committee and the supplier of fire fighting media for Jersey Airport.

Response

The Deed of Settlement is exempt under Article 26 (Information supplied in confidence) of the Freedom of Information (Jersey) Law 2011.

Clause 8.3 of the ratification document clearly states that the Deed of Settlement must remain confidential.
Jersey Airport: Fireground Remediation - Deed of Settlement - Ratification

Confidentiality Clause

‘The main problem with bringing this Report and Proposition to the attention of the States is the need for confidentiality. In the draft Deed of Settlement, the parties agree to keep the very existence of this Deed of Settlement and each of the terms in it confidential. The history, background and negotiations over the Deed of Settlement are confidential save as is required to achieve ratification by the States of Jersey or as is required by law or the proper discharge of official duties by the States of Jersey. Additionally, the name of the manufacturer is to be kept from the public domain.’

Article 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.