Re-tarmacking and ancillary works Ouaisne Hill

​Request 751963058 

I would like to know the total cost of works relating to the re-tarmacking and ancillary works being undertaken adjacent to the main (graveled) car park at the bottom of Ouaisne Hill and who instructed the works. 

Response 

The requested information is exempt under Article 33(b) (Commercial Interests) of the Freedom of Information (Jersey) Law 2011 as the contract for the referenced work was put out to tender, therefore, the cost is 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. 

Article applied 

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 

In applying this article, the following considerations were taken into account.   

Public interest considerations favouring disclosure    

•  Disclosure of the information would ensure the general public are informed about the cost to the Scheduled Public Authority (SPA) to carry out the referenced work. 
• Disclosure of the information would support transparency and promote accountability to the general public and would also promote trust in the SPA by showing openness. 

​Public interest considerations favouring withholding the information     

• The disclosure of the cost for the referenced work could potentially disadvantage the contractor’s and the SPA’s ability to retain commercial advantage in any future tender process. 
• This could also result in the SPA’s inability to secure best value for the taxpayer and this will likely prejudice the SPA as its bargaining power decreases.  
• The disclosure of the breakdown of expenditure and expenses may result in misinformed public debate, therefore, this could jeopardise the business relationship between the SPA and contractor which is essential for the successful delivery of services.  Trust and confidentiality are key components of effective commercial relationships, and disclosure of sensitive financial data could erode that trust. 
  

Considering all the considerations above and while transparency and accountability is important, the public interest in disclosure must be weighed against potential harm caused by prejudice of the commercial interests and the risks of misinformation.   

On balance, the SPA has concluded that the risk of causing harm caused by prejudice of the commercial interests and or concerns or spreading misinformation, the public interest in maintaining the exemption outweighs the benefits disclosing the information.