Reports concerning the proposed new States structure (FOI)

​Request

Please supply the following reports which underpin the proposed new structure for the States of Jersey:

A

Detailed Audit of Communications - Referred to in Ministerial Decision Report MD-TR-2018-0067 10 May 2018

B

Recent Review of Financial Management - Referred to in Gov.je Website News 5 June 2018 regarding seeking a finance transformation partner

Response

A

The requested report is available on gov.je at the following location:

Audit and review of communications in the States of Jersey

The information requested is therefore exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 as this is accessible to the applicant by other means.

B

The document requested has not been released as this is exempt under Article 33 (Commercial Interests) and Article 34 (The Economy) of the Freedom of Information (Jersey) Law 2011.

Having carefully considered this matter the Scheduled Public Authority (SPA) considers that should some of the detail contained be released it could harm Jersey’s economic interests. Article 34 is a qualified exemption. It requires the SPA to consider if those interests would be prejudiced by the disclosure of the information requested. The prejudice must be real, actual and of substance with a causal link between disclosure and the prejudice claimed.

If information contained in the document were to be disclosed, there is a reasonable likelihood that it would have an effect on Jersey’s economic interests. The SPA does not consider the public interest will be served by its disclosure and that maintaining the exemption far outweighs the public interest in disclosing the information.

Article 33(b) 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 SPA holding the information). In this instance the SPA believes that some of the information contained in the review is commercially sensitive and release could harm the commercial interests of the SPA.

Articles applied

Article 23 Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Article 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).

Article 34 The Economy

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the economic interests of Jersey; or

(b) the financial interests of the States of Jersey.