Pollution reports (FOI)

Request

My question concerns the recent investigation into the Horizon pollution issue.

I believe the guilty plea was as a result of a report prepared looking into the pollution of the area and possibly affecting areas further afield due to tidal flows and so on.

Can you please provide a full copy of the report and any associated reports or paperwork concerning this pollution and its possible wider implications?

Response

The information you have requested is exempt under Article 24 (Court Information) of the Freedom of Information (Jersey) Law 2011 because the report was filed with the court as part of the legal proceedings.

Article applied

Article 24 - Court information

(1) Information is absolutely exempt information if it is held by a scheduled public

authority only by virtue of being contained in a document –

(a) filed with, or otherwise placed in the custody of, a court; or

(b) served upon, or by, the scheduled public authority,

in proceedings in a particular cause or matter.

(2) Information is absolutely exempt information if it is held by a scheduled public authority only by virtue of being contained in a document created by –

(a) a court; or

(b) a member of the administrative staff of a court,

in proceedings in a particular cause or matter.

(3) Information is absolutely exempt information if it is held by a scheduled public authority only by virtue of being contained in a document –

(a) placed in the custody of; or

(b) created by,

a person conducting an inquiry or arbitration, for the purposes of the inquiry or arbitration.

(4) In this Article –

“arbitration” means arbitration to which Part 2 of the Arbitration (Jersey) Law 1998[6] applies;

“court” includes any tribunal in which legal proceedings may be brought;

“inquiry” means an inquiry or a hearing held under an enactment;

“proceedings in a particular cause or matter” includes an inquest or post-mortem examination.