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ACRE's secret report seen by only 2 States Members

A top secret tidal energy report that contains sensitive information relating to the island's wave power plans has been seen by just two States members.

The Journal has discovered that the document - prepared on behalf of the Alderney Commission for Renewable Energy (ACRE) - has been viewed by Finance Advisory Group chairman Colin Williams and Policy and Finance Committee chairman Richard Willmott.

ACRE chairman Gordon Fitton and commissioners John Antill and Pamela Dixon have also seen the report and all five signed confidentiality agreements before viewing it.

None of the island's EIGHT other politicians have seen the document, or even been informed of its existence ? until now.

States member John Beaman spoke of his surprise when informed of the issue this week.

Mr Beaman, who was elected to the States in December, said: "I am somewhat surprised at this situation. I cannot understand why two members have seen a report when the rest haven't.

"What's the point of having ten States members if only two are going to be allowed to see certain information?"

Former member Barbara Benfield said she would question why two members were allowed to see the report while eight weren't if she was still on the States.

Miss Benfield, who stepped down from the States at the last election, said: "I didn't know there was any hidden information when I was a member. I would question why two members were trusted with more information than the others."

The report's existence was inadvertently revealed by Mr Williams after he told the Journal, via email, that wind farms are more expensive to build than tidal farms.

Asked where he had obtained this information from, Mr Williams said he had seen a report commissioned by ACRE but that he couldn't offer any literature from it as he had signed a confidentiality agreement before reading it.

Mr Fitton then sent an email to the Journal to say the report Mr Williams refers to contains sensitive information that cannot be made available to the public.

Mr Fitton said: "The report was prepared for us by a leading international consultancy. It contains sensitive information provided by commercial and other sources whose input was provided under the strict understanding that distribution of the report would be limited to named individuals. For this reason we agreed that the report would be seen only by the three commissioners and the chairmen of the Policy and Finance Committee and the Finance Advisory Group, all of whom have signed confidentiality agreements."

Mr Fitton admitted he had obtained permission for Mr Williams and Mr Willmott to see the report during a phone conversation on Monday.

However, when asked why he had not obtained permission for the island's other politicians to view the report, he hung up his mobile phone.

Hours later Mr Fitton sent an email, which included the following quote.

"The report was prepared for ACRE, not the States. It was commissioned from a leading international consultancy to inform the commissioners as fully as possible on the development and current state of tidal energy technology. To this end the authors obtained commercially sensitive proprietary information from various sources on the strict understanding that the report would be seen only by the commissioners. Both the authors and the commissioners were required to sign confidentiality agreements as a condition of the information being provided.

"The content of this report, together with a wide range of other input, informed the development by ACRE of its consents and licensing processes and contract documentation. Later I did seek permission from the providers of the sensitive proprietary information to release the report to the States, but this was refused. Eventually I was able to negotiate permission to release it to the chairmen of the two relevant committees, the Finance Advisory Group and Policy and Finance Committee, on condition that these individuals also signed a confidentiality agreement.

"It is naive - or mischievous - to foment unease amongst the public and discord amongst States members on the grounds that eight of them have not seen the report.  ACRE cannot override the wishes of the owners of proprietary information who have provided that information in confidence and who obviously have the right to decide who should have access to it. In any case, it is entirely reasonable for the owners to take the view that releasing the information to ACRE as the responsible statutory body and to the chairmen of the relevant States committees is sufficient. All States members are aware of the report's conclusions through ACRE's comprehensive reports and presentations, which embody them.

"It is nonsensical to claim that all States members should have access to all confidential information merely because they are States members. There are times when the ?need to know' rule should apply.  In the present case it applies because the relevant information is the property of neither ACRE nor the States, but of independent third parties who have refused permission for States members to see it. I would be unable to give them an assurance that this information would remain confidential were it to be circulated to all States members."

When probed as to why only two of ten INDEPENDENT and EQUAL States members have seen the report, Mr Williams said: "You (Journal editor James Varley) seem oblivious to the explanation that the report concerned contained sensitive information provided by commercial and other sources whose input was provided on the strict understanding that distribution of the report would be limited to named individuals. For this reason, ACRE agreed that the report would be seen only by the three commissioners, who signed confidentiality agreements to that effect.

"ACRE subsequently obtained permission for the chairmen of Policy and Finance and the Finance Advisory Group to see the report but only on the condition that they too signed confidentiality agreements, which we did.

"It is not for the States or ACRE to decide who has access to commercial information provided in confidence.

"The data in the report would have been useful to ACRE in its negotiations with Alderney Renewable Energy (ARE). However, as you are aware, these negotiations did not involve the States or States members until near the end point of November 2008. I have already written to Policy and Finance members explaining the point."

Mr Williams went on to say he would not speak to the Journal in future if the publication used information to "create division within the States".

Mr Williams said: "I can only say that if my attempts to provide you and the public with information through the Journal are to be met by you trying to use it to create division within the States, then there will be no further data provided by me. I shall simply rely on the government website, people's meetings and States meetings. The choice is yours."

Mr Willmott said he had nothing to add to Mr Williams' comments.

Peter Allen, who like Mr Beaman was elected to the States in December, says the issue suggests four members who voted in favour of Alderney's tidal power plans in November did so without knowing the full facts.

He said: "I am surprised that anyone would have voted for something without having all the information in front of them.

"If I'd been a States member last year I would have abstained from voting on the principle that you can't vote unless you know what you're voting for."

Liz Bennett, Tony Llewellyn, Ian Tugby and Bill Walden, as well as Mr Williams and Mr Willmott, backed every tidal power resolution in November. The deal allows developers ARE to harness half the island's territorial waters for the next 65 years.

Mrs Bennett said she was happy to vote in favour of the deal following advice from Mr Williams and Mr Willmott.

She said: "Quite often in the States you have to trust other people's information and decisions. This is a very complex issue and some people were party to more information than others."

When asked about the secret document, Mr Llewellyn said: "I am satisfied that Mr Willmott and Mr Williams are in a correct position to receive the information."

Frank Dean resigned from the States over the tidal power deal. At the time he said he had decided to step down as the agreement between ACRE and ARE had not been introduced via a normal and thorough political process. He also said the lack of information and flow of ever-changing information offered the States no credit.

Speaking exclusively to the Journal in November, Mr Dean also suggested the tidal power deal is shrouded in secrecy.

He said: "A huge amount of information relating to the project is hidden. The whole thing's been shrouded in the all-enveloping title of ?commercial confidence'.

"I'd say there's an iceberg of hidden information. The tip has been released and the piece that would have done the damage is underneath the surface. It has not been released and I will not be releasing it."

When approached this week Mr Dean said he had nothing further to add to his earlier comments.

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