Oxera report on the Jersey Aircraft Registry (FOI)

Request

Please kindly provide the Oxera report on the Jersey Aircraft Registry

Response

The report was supplied in confidence as reported to the Environment and International Affairs Scrutiny Panel by the Assistant Minister for Economic Development, Tourism, Sport and Culture on 8th February 2022. Article 26 (Information supplied in confidence) of the Freedom of Information (Jersey) Law 2011 has been applied.

Letter dated 8 February 2022 from Assistant Minister for EDTSC to Chair, Economic and International Affairs Scrutiny Panel (statesassembly.gov.je)

The request asks for information about a commercial operation that forms part of the Island's economy. Sharing this information could put the Registry at a commercial disadvantage. Article 33(b) (Commercial interests) and Article 34 (The economy) of the Freedom of Information (Jersey) Law 2011 have also been applied.

Articles 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.

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).

Public Interest Test

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 scheduled public authority holding the information). Whilst it is accepted that the public may have an interest in the value of contracts between the Government of Jersey and third parties, we believe providing the information could place the Island at a competitive disadvantage.

Having considered the public interest, the public authority's decision is to withhold the information

Article 34 - The economy

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

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

Public Interest Test

Article 34 is a qualified exemption which requires there to be a likelihood of prejudice against the economic interests of Jersey or the financial interests of the States of Jersey. Whilst this could include reputational concerns, the larger concern is whether the economic interests of the States of Jersey could be prejudiced by the release of information – in this instance confidential information, that could undermine Jersey's reputation.

The following extract from the guidance of the UK Information Commissioner should also be noted:

The exemption concerns the effect on the economy rather than the government's ability to manage the economy. However, since it is an aim of governments to improve economic prosperity, weakening the government's control over the economy may also damage the economy itself.

Public interest would not be served by disclosing information which may have a detrimental impact on the economy.