St John's Road trial scheme emails (1) (FOI)

​​​Request

Given the response to the Freedom of Information request in the link below, please advise the following:-

St John's Road trial scheme emails (FOI)

A

The cost of the “ramps that were previously ordered which are not in accordance of the Jersey Law requirements”. 

B

Whether this cost has been communicated with States of Jersey members? 

C

Who the accountable officer is that is responsible for ordering ramps not in accordance with the Jersey Law requirements.

D

The nature of the “technical issue” that has led to the postponement of the installation. 

E

The type of sensors that are referred to in the “sensor calibration process”.

F

The cost of the sensors that are referred to in the “sensor calibration process”.

Response

A

The cost of the ramps that were previously ordered, which are not in accordance of the Jersey Law requirements, were approximately £5,000.

B

It is not a requirement of Public Accounts Manual to communicate the cost with States members. 

C

The Accountable Officer for the Government of Jersey is the Chief Executive who ultimately has the final sign off following guidance from Transport officers. 

Names of the Transport Officers are exempt under Article 25 of the Freedom of Information (Jersey) Law 2011.

D

Shipping delays were the reason behind the postponement of the installation.

E

Information regarding the type of sensors that are referred to in the “sensor calibration process” is exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 as the information is accessible on www.gov.je  within the previous Freedom of Information response linked below:

CCTV cameras installation (FOI)​

Additional information may be found on the below website:

Vivacity (vivacitylabs.com) ​

F

Information regarding the cost of the sensors is exempt under Article 33 (Commercial Interests) of the Freedom of Information (Jersey) Law 2011 as details of the transaction fees and percentages charged are considered commercially sensitive. 

Article 33 is a qualified exemption; therefore, a public interest test has been applied and is shown at the end of this response.

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 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 2005.

(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 2005; and

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

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) is a prejudice-based exemption. That means that in order to engage this exemption there must be a likelihood that disclosure would cause prejudice to the interest that the exemption protects. In addition, this is a qualified exemption and consideration must be given to the public interest in maintaining the exemption.

The Scheduled Public Authority (SPA) considers that providing information could prejudice the commercial interests of the Government of Jersey and / or third parties. There may be public interest in the commercial information, however it was considered that this is outweighed by the potential for commercial and or financial damage.