Mobile Gear Authorisation scheme (MGA)

​​Request 770427888 

I am requesting the following information held by Marine Resources or the Minister for the Environment relating to the Mobile Gear Authorisation (“MGA") scheme:

1. A copy of the current Mobile Gear Authorisation permit certificate or template (with personal information redacted if required).

2. A full list of all conditions attached to the Mobile Gear Authorisation.

3. Any policy, rules, or written guidance governing:
a. whether an MGA attaches to a person, a vessel or a licence;
b. replacing, upgrading, or changing vessels used by a permit holder;
c. permitted vessel length, engine power or dredge configuration;
d. transfer, reassignment, or variation of an MGA.

4. Any internal instructions issued to Marine Resources officers for the administration or interpretation of MGA conditions.

5. The statutory, legal, or regulatory basis under which the Mobile Gear Authorisation scheme was created.

6. Any documents, internal or external, identifying the legal power relied upon to establish the Mobile Gear Authorisation scheme.

7. Any legal advice, committee minutes, or internal briefing papers referring to the lawfulness, structure, or purpose of the Mobile Gear Authorisation scheme.

8. Any policy documents or written guidance explaining how the Minister's powers under the relevant legislation were intended to be exercised for the Mobile Gear Authorisation scheme. 

Response

1

A copy of the current Mobile Gear Authorisation permit certificate is attached.

Freedom of Information response 770427888 - Attachment 1.pdf​

2

A full list of all conditions attached to the Mobile Gear Authorisation can be found on ww​w.gov.je using the link below, therefore Article 23 of the Freedom of Information (Jersey) Law 2011 applies.

Fishing boat licensing  

3

The information requested has been withheld under Article 35 (Formulation and development of policies) of the Freedom of Information (Jersey) Law 2011 as the internal guidance document is currently policy under development. 
 
Release of the information at this stage would likely generate misinformed debate. This could affect the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately.   

Article 35 is a qualified exemption; therefore, a public interest test has been applied and is shown at the end of this response.  

4

Internal instructions issued to Marine Resources officers for the administration or interpretation of MGA conditions is not held by the Scheduled Public Authority (SPA), therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies. 

5

The Mobile Gear Authorisation scheme was created under Sea Fisheries (Jersey) Law 1994 - Article 12. 

6

Documents, internal or external, identifying the legal power relied upon to establish the Mobile Gear Authorisation scheme are not held by the SPA, therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies. 

7

Notes from the Mobile Gear Working Group meeting are attached. 

Freedom of Information response 770427888 - Attachment 2.pdf​

Personal information within the documents has been redacted in accordance with Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011.

8

Policy documents or written guidance explaining how the Minister's powers under the relevant legislation were intended to be exercised for the Mobile Gear Authorisation scheme is not held by the SPA, therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies. 

Article applied  

Article 3 - Meaning of “information held by a public authority" 

For the purposes of this Law, information is held by a public authority if – 

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority. 

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 2018.

(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 2018; and

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

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  

The following considerations were considered:  

Public interest considerations favouring disclosure   

• Disclosure of the information would support transparency and promote accountability to the general public, providing confirmation that the necessary discussions have taken place.  
  

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

Public interest considerations favouring withholding the information 

• In order to best develop policy and provide advice to Ministers, officials need a safe space in which free and frank discussion can take place – discussion of how documentation is presented and provided is considered as integral to policy development as iterations of documents are demonstrative of the policy development process.   

• The need for this safe space is considered at its greatest during the live stages of a policy.   

• Release of the information at this stage might generate misinformed debate in. This would affect the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately.   

• Premature disclosure of this information may limit the willingness of parties to provide their honest views and feedback. 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 wider departmental business.  

Considering all considerations above, while transparency is important, the public interest in disclosure must be weighed against potential harm caused by distress or misinformation.  

It should also be noted that once a policy is formulated and published, the public interest in withholding information relating to its formulation is diminished, however, 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.   

The SPA has concluded that, on balance, the risk of causing concerns or spreading misinformation, the public interest in maintaining the exemption outweighs the benefits disclosing the information.   ​