Release of Company Law archived documents (FOI)

Request

We are trying to do some research and need access to the following:

Apparently the following is available in digital format and we really need access to it:

D/G/D1/3

File concerning the Companies Law – Consultation on Companies Fees. The Companies (Amendment No. 10) (Jersey) Law, and Companies (Amendment No. 3) (Jersey) Regulations. Includes draft legislation, reports, correspondence, briefings, meeting minutes, a draft ministerial speech, and decision summary

Jersey Heritage file D/G/D1/3 

D/G/D1/9

File relating to the Companies Law and Amendments. Includes a copy of Jersey Brief, correspondence, a briefing note concerning States Propositions and Amendments No. 2 and 9, copies of draft legislation, press releases, and a consultation paper

Jersey Heritage file D/G/D1/3

Response

Please note the files referred to are not held in a digital format and are in fact stored in a paper format.

The information requested has been scanned and is provided in the following documents:

DGD13

DGD13 - Emails (Redacted)

DGD19

DGD19 - Emails (Redacted)

Redactions have been applied where required under the Freedom of Information (Jersey) Law 2011. Justification for such redactions are provided within the detail below.

Articles applied

Article 25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.

Article 31 Advice by the Bailiff, Deputy Bailiff or a Law Officer

Information is qualified exempt information if it is or relates to the provision of advice by the Bailiff, Deputy Bailiff or the Attorney General or the Solicitor General.

Article 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

Public interest test

The Scheduled Public Authority (SPA) is withholding the release of the information as some of the information contained in the emails relates to the provision of Law Officer advice. Articles 31 and 32 are qualified exemptions, which means that a public interest test is required. The public interest in disclosing information when these articles are being applied must weigh particularly heavily in favour of disclosure in order to outweigh the inherent right to privilege. It is not considered the public interest in disclosing the information is outweighed by that in maintaining the exemption, as it is designed to protect the constitutional Law Officer privilege.