Ground to a Halt: Extending the Freedom of Information Law
FOI - Who is and who isn't covered by the FOI law:
Jersey Electricity - majority owned monopoly electricity company (not covered)
JT Global - wholly owned telecom company (not covered)
Jersey Post - wholly owned postal company (not covered)
States of Jersey Development Company - wholly owned development company (not covered)
Visit Jersey - independent tourism body with States grant (not covered)
Jersey Finance - independent finance industry body with States grant (not covered)
Andium Homes - wholly owned social housing company (covered)
Ports of Jersey - wholly owned ports and harbour company (covered)
Kirsten Morel has recently raised a question about the extension of the FOI law to publicly-owned companies, which was originally agreed after being proposed by Deputy Carolyn Labey:
“This was a decision taken by the States Assembly four years ago and it's not been acted upon. It's neither these companies nor the remit of civil servants to stop that without another States decision to say 'Don't worry, we're going to let it go' - if that happened, that's one thing. But in this case, the States has made a decision and it needs to be followed through."”
I myself have made several FOI requests to check progress, as have various other members of the public.
Here’s a timeline of the abject failure to do anything at all.
https://www.gov.je/Government/Pages/StatesReports.aspx?reportid=2527
On 22 Dec 2016, an FOI request gave the following response:
A: What progress, if any, has been made to date on extending the Freedom of Information law to companies wholly owned by the States of Jersey - as voted on by the States assembly?
Response: The extension of the Freedom of Information (Jersey) Law 2011 (FOI) to cover companies wholly owned by the States of Jersey is still under review.
B: When is the law expected to be extended to those companies, or if no fixed date is there a deadline and what is it?
Response: The States of Jersey have committed to concluding that review during the first quarter of 2017, and reporting and proposing consequent changes as soon as possible thereafter.
As you may guess, that never happened.
https://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=2863
On 30th May 2017, two months past the first quarter of 2017 previously stated, an FOI request asked:
When will the States external corporate bodies (or quangos) such as Andium Homes, Ports of Jersey, Visit Jersey, Events Jersey, etc., be subject to the Freedom of Information Law?
Response: The bodies currently covered by the Freedom of Information (Jersey) Law 2011 are: all States of Jersey Ministerial departments, States of Jersey Police, States Assembly (including States Greffe), Ministers, Judicial Greffe, Viscount's Department, all 12 Jersey parishes, Andium Homes.
It then goes on to provide a link to the previous request as if this answers “When”. Honestly, who is responsible for such risible and non-informative answers? When a question says “When?” and is asked in 30 May 2017, a response which links to an answer which says “during the first quarter of 2017” is not remotely informative. However, they then proceed to answer the question when in the second question, which doesn’t actually ask “when?”!
Which Minister is responsible for implementing this?
Response: The review is being conducted by the Chief Minister’s Department and will be completed by the end of Q2/2017 (June 2017).
FOI - Who is and who isn't covered by the FOI law:
Jersey Electricity - majority owned monopoly electricity company (not covered)
JT Global - wholly owned telecom company (not covered)
Jersey Post - wholly owned postal company (not covered)
States of Jersey Development Company - wholly owned development company (not covered)
Visit Jersey - independent tourism body with States grant (not covered)
Jersey Finance - independent finance industry body with States grant (not covered)
Andium Homes - wholly owned social housing company (covered)
Ports of Jersey - wholly owned ports and harbour company (covered)
Kirsten Morel has recently raised a question about the extension of the FOI law to publicly-owned companies, which was originally agreed after being proposed by Deputy Carolyn Labey:
“This was a decision taken by the States Assembly four years ago and it's not been acted upon. It's neither these companies nor the remit of civil servants to stop that without another States decision to say 'Don't worry, we're going to let it go' - if that happened, that's one thing. But in this case, the States has made a decision and it needs to be followed through."”
I myself have made several FOI requests to check progress, as have various other members of the public.
Here’s a timeline of the abject failure to do anything at all.
https://www.gov.je/Government/Pages/StatesReports.aspx?reportid=2527
On 22 Dec 2016, an FOI request gave the following response:
A: What progress, if any, has been made to date on extending the Freedom of Information law to companies wholly owned by the States of Jersey - as voted on by the States assembly?
Response: The extension of the Freedom of Information (Jersey) Law 2011 (FOI) to cover companies wholly owned by the States of Jersey is still under review.
B: When is the law expected to be extended to those companies, or if no fixed date is there a deadline and what is it?
Response: The States of Jersey have committed to concluding that review during the first quarter of 2017, and reporting and proposing consequent changes as soon as possible thereafter.
As you may guess, that never happened.
https://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=2863
On 30th May 2017, two months past the first quarter of 2017 previously stated, an FOI request asked:
When will the States external corporate bodies (or quangos) such as Andium Homes, Ports of Jersey, Visit Jersey, Events Jersey, etc., be subject to the Freedom of Information Law?
Response: The bodies currently covered by the Freedom of Information (Jersey) Law 2011 are: all States of Jersey Ministerial departments, States of Jersey Police, States Assembly (including States Greffe), Ministers, Judicial Greffe, Viscount's Department, all 12 Jersey parishes, Andium Homes.
It then goes on to provide a link to the previous request as if this answers “When”. Honestly, who is responsible for such risible and non-informative answers? When a question says “When?” and is asked in 30 May 2017, a response which links to an answer which says “during the first quarter of 2017” is not remotely informative. However, they then proceed to answer the question when in the second question, which doesn’t actually ask “when?”!
Which Minister is responsible for implementing this?
Response: The review is being conducted by the Chief Minister’s Department and will be completed by the end of Q2/2017 (June 2017).
As you may guess, that never happened.
https://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=2951
30th June FOI request.
A: What progress, if any, has been made to date on extending the Freedom of Information law to companies wholly owned by the States of Jersey as voted on by the States assembly? Including the review that a previous request revealed would be completed by the first quarter of 2017.
B: When will the results of the review mentioned above be published?
C: When is the law expected to be extended to those companies by or if no fixed date is there a deadline and what is it?
This got the reply – this has already been answered, see the 30th May entry. However, this request was made after the June deadline stated in the previous FOI request.
https://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=2951
30th June FOI request.
A: What progress, if any, has been made to date on extending the Freedom of Information law to companies wholly owned by the States of Jersey as voted on by the States assembly? Including the review that a previous request revealed would be completed by the first quarter of 2017.
B: When will the results of the review mentioned above be published?
C: When is the law expected to be extended to those companies by or if no fixed date is there a deadline and what is it?
This got the reply – this has already been answered, see the 30th May entry. However, this request was made after the June deadline stated in the previous FOI request.
Sometimes asking an FOI request seems to meet a brick wall of exemptions, obfuscation and delaying tactics – anything to avoid answering the questions.
https://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=3793
So let’s go to the next request, August 2018
I wonder if you can tell me whether there has been any progress in extending the Freedom of Information (Jersey) Law 2011 (the FOI law) to Government owned companies and other bodies that work with the States of Jersey? It was agreed by the States before the FOI law actually came in but has yet to be introduced.
Response: Each new Council of Ministers is responsible for developing its own strategic priorities and legislative programme. The new Council will need to prioritise within that the extension of the FOI law to cover companies wholly owned by the States of Jersey. Until such time as it does, no further information is held, other than to confirm that the work has not yet been completed.
It’s so like Yes Minister when Sir Humphrey uses the new Cabinet to “wipe the slate clean” on legacy projects and begin again with stalling. It is really appalling. What one really wants to know, but never does, is the actual name of the Sir Humphrey responsible for these delays, and how they came about.
However, a small insight may be gleaned from the following (from Yes Minister) on classic civil servant stalling technique:
Tom: Stalling technique? - It comes in five stages. First, he'll tell you there's lots of things to be getting on with.
Hacker: He told me that this morning.
- Quite. Then, if you still persist, he'll say something like "Ah, yes, Minister, I quite appreciate the intention, certainly something ought to be done, but are you sure this is the rightway to achieve it?".
Hacker: I must make a note of this.
Tom: Now, if you are still undeterred, he will shift his ground. He will shift from telling you how to do it to when you should do it. I mean, he'll say, "Now, Minister, this is not the right time, for all sorts of reasons".
Hacker: - And Ministers settle for that?
Tom: Well, lots do. And if you don't, he'll say that the policy "has run into difficulties".
Hacker: - Such as?
Tom: - Technical, political, legal Legal are the best sort. He can make those totally incomprehensible. And with any luck, this technique will have lasted for three years and you'll be at the final stage when he says: "We're getting very close to the next general election. Are you sure you can get this policy through?" How has it taken three years? Sir Humphrey will do absolutely nothing unless you chase him. And you've got far too much to do. You see, it's what they call "creative inertia".
https://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=3793
So let’s go to the next request, August 2018
I wonder if you can tell me whether there has been any progress in extending the Freedom of Information (Jersey) Law 2011 (the FOI law) to Government owned companies and other bodies that work with the States of Jersey? It was agreed by the States before the FOI law actually came in but has yet to be introduced.
Response: Each new Council of Ministers is responsible for developing its own strategic priorities and legislative programme. The new Council will need to prioritise within that the extension of the FOI law to cover companies wholly owned by the States of Jersey. Until such time as it does, no further information is held, other than to confirm that the work has not yet been completed.
It’s so like Yes Minister when Sir Humphrey uses the new Cabinet to “wipe the slate clean” on legacy projects and begin again with stalling. It is really appalling. What one really wants to know, but never does, is the actual name of the Sir Humphrey responsible for these delays, and how they came about.
However, a small insight may be gleaned from the following (from Yes Minister) on classic civil servant stalling technique:
Tom: Stalling technique? - It comes in five stages. First, he'll tell you there's lots of things to be getting on with.
Hacker: He told me that this morning.
- Quite. Then, if you still persist, he'll say something like "Ah, yes, Minister, I quite appreciate the intention, certainly something ought to be done, but are you sure this is the rightway to achieve it?".
Hacker: I must make a note of this.
Tom: Now, if you are still undeterred, he will shift his ground. He will shift from telling you how to do it to when you should do it. I mean, he'll say, "Now, Minister, this is not the right time, for all sorts of reasons".
Hacker: - And Ministers settle for that?
Tom: Well, lots do. And if you don't, he'll say that the policy "has run into difficulties".
Hacker: - Such as?
Tom: - Technical, political, legal Legal are the best sort. He can make those totally incomprehensible. And with any luck, this technique will have lasted for three years and you'll be at the final stage when he says: "We're getting very close to the next general election. Are you sure you can get this policy through?" How has it taken three years? Sir Humphrey will do absolutely nothing unless you chase him. And you've got far too much to do. You see, it's what they call "creative inertia".
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