Advice from John Rogers and Dr Graham Root included in the submission States Assembly R-154-2022

​​Request 738345463

I would be grateful if you could please release the expert advice from John Rogers and Dr Graham Root included in the submission States Assembly | R-154-2022 as acknowledged on Page 25 and 26

Thank You

Response

As noted in R.154-2022 (pages 25–26), John Rogers and Dr Graham Root were engaged for quality assurance purposes in relation to the Review. They acted as “critical friends”, reviewing the draft report ahead of its finalisation for factual accuracy within their field of knowledge, and suggesting where greater or lesser focus might improve clarity, quality and balance.

The advice provided took the form of comments on a working draft of the Review prior to its publication. This process was part of the development and refinement of the report before final sign-off. 

Under Article 35 of the Freedom of Information (Jersey) Law 2011, information relating to the formulation or development of policy – including the drafting and refinement of a report forming part of Government policy formulation – is qualified exempt.

It is considered that releasing the requested commentary would be likely to prejudice the quality of future expert engagement in similar review processes, and inhibit the provision of candid and constructive feedback at formative stages. Therefore, Article 35 of the Freedom of Information (Jersey) Law 2011 has been applied.

Article applied

Article 35 - Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

Public Interest Test

Article 35 is a qualified exemption and, as such, Health and Care Jersey (HCJ) has conducted a public interest test as required by law. 

HCJ has assessed whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the public interest in maintaining the exemption. 

Public interest considerations favouring disclosure:

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

• Disclosure of the information provides confirmation that appropriate consultation and necessary discussions have taken place.

• Disclosure to the public fulfils an educative role about the early stages in policy development and illustrates how Government departments engage with parties for this purpose.

Public interest considerations favouring maintaining the exemption:  

• Sharing views is important to ensure that all relevant considerations are taken into account in developing and implementing policy; in order to best develop policy, Officers and Ministers need a safe space within which free and frank discussion can take place, where officials and subject-matter experts may provide advice about the possible impact of proposed policy, and where Ministers and officials are able to test proposed policies in a comprehensive way.

• Without the above, the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately would likely be impacted.

• Whilst the need for this safe space is considered at its greatest during the live stages of a policy, the use of the exemption can be supported if it preserves sufficient freedom during the policy formulation phase to explore options without that process being hampered by some expectation of future publication.

• Disclosure of this information may limit the willingness of parties to provide their honest views and feedback in future. This would hamper and harm the policy-making process, not only in relation to this subject area, but in respect of future policy development across other areas of Department and Government business.

It is recognised that there is a public interest in transparency. However, having considered the public interest, HCJ has concluded that the public interest in disclosing this information is outweighed by the public interest in maintaining the exemption. ​