Compensation Settlement and future insurance premiums (FOI)​

Request

Compensation Settlement

Further to two recent Freedom of Information (FOI) responses:

Compensation Claim (FOI)

Compensation settlement (FOI)  

The earlier FOI response clearly states that the States insurer will meet all the cost of the settlement where it states "The States of Jersey insurance arrangements will fully meet the settlement reached."

The later response makes reference to an excess payable under the insurance policy. The two responses are in conflict. If the insurance arrangements "fully meet the settlement" then there cannot be an excess. Please advise:

A

Did the States of Jersey's insurances fully meet the settlement reached with zero excess to be paid?

B

If there was an excess to be paid please confirm that the response given to the earlier FOI request was factually incorrect.

C

If an excess was an element of the settlement please advise the source and controlling authority of the funds used to meet the excess

D

Was / were the settlement(s) made as one off lump sums for each claim or will periodic payments be made?

Response

A to D

The requested information is exempt on the grounds of:

• Article 26 (Information provided in confidence); the Government of Jersey are bound by confidentiality not to discuss the terms of this settlement

• Article 33 (Commercial interests); the insurers wish to preserve their position with regard to this matter

• Article 34 (Economic interests); it is not in the public interest to know the insurance arrangements of the Government. To disclose this information may prejudice the arrangement we have which may inadvertently be economically damaging to the Government of Jersey

Articles applied

Article 26 Information supplied in confidence

Information is absolutely exempt information if –

(a) it was obtained by the scheduled public authority from another person (including another public authority); and

(b) the disclosure of the information to the public by the scheduled public authority holding it would constitute a breach of confidence actionable by that or any other person.

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).

Article 34 The economy

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the economic interests of Jersey; or

(b) the financial interests of the States of Jersey.