Changes to Access to Information Act draw closer

Published: Saturday | September 19, 2009



Vaz

DOWNTOWN Kingston:

INFORMATION AND telecommunications minister Daryl Vaz has indicated that the Government is moving to overhaul the current Access to Information Act by the end of this legislative year.

Speaking at a meeting of a joint select committee of Parliament reviewing the Access to Information Act, Vaz said it was the aim of the Government to complete the bill for tabling in Parliament in March.

During Thursday's meeting, the Media Association Jamaica Limited (MAJ) called for sanctions or penalties in the amended law to discourage non-compliance by public servants in providing information requested by the public.

The association also wants the access to information policy to be given statutory backing. The policy states that perfor-mance evaluations in the public sector should be linked to the fulfilment of access to information (ATI) obligations.

challenges

Attorney-at-law Tanya Burke, representing MAJ, cited a number of challenges faced by media houses when they request information from public bodies under the ATI Act.

Burke said the current law facilitated undue delays in accessing official documents. This, she said, was because the law did not contain a time period for public servants to grant access to non-exempt official documents.

She argued that the amended law should give public authorities the right to seek advice from the attorney general's chambers before determining whether to deny or grant access to the information.

The MAJ is also batting for a widening of the categories of non-exempt documents and public authorities to which information can be accessed. The Public Service Commission, the Police Services Commission and the Scientific Research Council were listed as bodies that should be non-exempt under the law.

Another recommendation made by the media body included an amendment to the ATI Act to give the statute precedence over any other legislation, which restricts freedom of information.

Committee member Sandrea Falconer cautioned against the inclusion of sanctions in the law against "ordinary" civil servants. She said civil servants were "afraid" to divulge certain information because of possible backlash from senior personnel.

"In the absence of the whistle-blower legislation, civil servants would be subject to the ire of bosses who might be reluctant to divulge information," she added.

specific demands

However, she said it was not the civil servant at the lower level who was averse to providing information to the media, but usually permanent secretaries and directors.

Meanwhile, Senator Basil Waite told MAJ representatives to rethink its request for documents relating to the Police Services Commission and the Scientific Research Council to be made available to the public through the ATI Act.

He wanted the association to be more specific in its demand for information from these agencies.

"I see the raft of requests, but what you should not do is to weaken what you are asking for by being too general. There needs to be some amount of specificity to help us to help you."

edmond.campbell@gleanerjm.com