Reports produced by Sir Mark Boleat (FOI)

Request

Sir Mark Boleat on his website states that he has produced reports for the Jersey Government on population policy, housing policy, consumer policy, financial stability and Jersey's island identity.

A

I would like to know when these reports were written and the cost to the Jersey taxpayer for each of them.

B

I would like to obtain copies of these reports that were commissioned from him. Can you supply links to these documents if they have been published and if not would like to obtain copies of these documents

Response

A

In 1990 a report "The Housing situation and Housing Policy in Jersey" was prepared. There was no cost to the Government.

In 2001, a report "Review of Consumer Protection in Jersey" was prepared. Following a review of records held, it has not been possible to identify the cost.

In 2011, a report Contingency Planning for Systemic Financial Crisis in Jersey was prepared. Following a review of records held, it has not been possible to identify the cost.

Sir Mark Boleat was engaged as a consultant for the Island Identity Project between 31 March 2021 and 30 September 2021. The total cost was £20,356.99.

No information is held on any other reports.

B

The Housing Situation and Housing Policy in Jersey (boleat.com)

Review of Consumer Protection in Jersey (boleat.com)

As these two reports are publicly available, Article 23 of the Freedom of Information (Jersey) Law 2011 applies.

The 'Contingency Planning for Systemic Financial Crisis in Jersey' report is not publicly available and is exempt under Article 34 (The Economy) of the Freedom of Information (Jersey) Law 2011.

The work undertaken by Sir Mark Boleat in relation to Island Identity is due to be published in March 2022. Article 36 of the Freedom of Information (Jersey) Law 2011 therefore applies. 

Articles applied

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.

Article 36 - Information intended for future publication

(1)  Information is qualified exempt information if, at the time when the request for the

information is made, the information is being held by a public authority with a view to its being published within 12 weeks of the date of the request.

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

(a) of the date when the information will be published;

(b) of the manner in which it will be published; and

(c) by whom it will be published.

(3) In this Article, "published" means published –

(a) by a public authority; or

(b) by any other person.

Public Interest Test

Article 36 is a qualified exemption, which means that a public interest test has to be undertaken to examine the circumstances of the case and decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Public interest considerations favouring disclosure

• disclosure of the information would support transparency and promote accountability to the general public.

Public interest considerations favouring withholding the information

• it is intended to publish the work undertaken on Island Identity within 12 weeks of the receipt of this request on www.gov.je. In it is reasonable for government to publish reports in an orderly manner, following completion of appropriate internal processes, and publishing in advance, and in such close proximity to expected publication date, would potentially undermine the orderly publication and conduct of government work (when the public benefit of earlier publication under the Law would derive limited benefit).