Civil Society Groups: ?Amend and Enact FOIA?

Wed, Jun 21st 2017, 04:23 PM

Following remarks from the Attorney General declaring Freedom of Information a priority but expressing uncertainty about the bill’s status and future, a group of civil society organizations (CSOs) and private industry groups is pressing the new administration to highlight the amendment and full enactment of Freedom of Information.

The group urges the government to look to the timely enactment of FOIA but also to take this opportunity to make revisions that strengthen the Bill.

The groups are a part of a caucus of CSOs and private industry groups representing over 100,000 Bahamians who comprised the central advocacy engine that pressed for amendments to the Freedom of Information Bill, aiming for legislation that better empowered the people and held government officials and departments accountable.

Now, groups are urging the new administration to build on this work by advancing the bill through additional amendments and a timely enactment.

“We appreciate the fact that the present administration has made the FOIA a priority,” said Terry Miller, President of Civil Society Bahamas.

“Civil society has invested an incredible amount of time advancing the principles of freedom of information and a FOIA that would ensure true transparency and accountability on the part of those to whom we have entrusted the administration of our national affairs.

While past administrations have promised, and the former administration passed, an improved version of a bill, today there is an opportunity to make critical amendments that would better uphold the rights of the people and advance the principles of democracy.”

The coalition was successful in having seven of its amendments included in the final bill draft, which passed both houses in February of this year. However, the group states that four crucial recommendations to the bill were not incorporated:

The selection process for the Information Commissioner in the Bill is politically appointed. To avoid partisan influence, the group recommends that the position be selected by a committee involving government, opposition, and members of civil society.

The Bill does not provide sufficient access to information about entities that receive substantial public funding, particularly non-statutory bodies.

They recommend the definition of “Public Authorities” within the Bill be expanded to include all bodies “owned, controlled or substantially financed by the Government from public funds” such as the BEST Commission.

Time limits outlined in the Bill favor the government and can act as deterrents for those seeking information. We recommend that wait time for responses and the 30-year period for information to be declassified be shortened.

Records of Government deliberative processes are not included in the bill. Opinions, advice or recommendations Ministers of Cabinet or Committees therein use to make decisions should be fully disclosed.

According to public statements by the former Minister of Education Jerome Fitzgerald, the legislation has been partially enacted, allowing for the appointment of the Information Commissioner and the repeal of the 2012 FOIA.

“Though we are led to understand the instruments to appoint the Information Commissioner are already enacted, we believe that a precedent for a more open and balanced process can be set through the creation of a multi-sector, multi-partisan selection committee.

The Information Commissioner would serve as an arbiter between the people and the government in disputes over information requests.

We must avoid even the appearance of bias for this person to be successful in their role,” said Lemarque Campbell, Chairman of Citizen’s for a Better Bahamas. The group also called on the new administration to see civil society as a resource.
“We think that it is important as the government moves forward on FOIA that they work in tandem with civil society,” said Matt Aubry, Executive Director of The Organization for Responsible Governance.

“Collectively, our groups have conducted a great amount of research, benchmarking, and public consultation on this topic and bring a wealth of knowledge and the people’s best interests to the table. Furthermore, as the bill is rolled out post enactment it will be a large undertaking, a great deal of public education will be required and we are natural allies to that effort.”

The coalition includes: Citizens for a Better Bahamas, The Bahamas Chamber of Commerce and Employers Confederation, Nassau Institute, ReEarth, The Organization for Responsible Governance, Save the Bays, Waterkeepers Bahamas, The Press Club, It’s Our Turn, Grand Bahamas Human Rights Association, Bahamas Federation of Retailers, HeadKnowles, Civil Society Bahamas, The Abaco Chamber of Commerce, Rise Bahamas, Young Marine Explorers, We The People, BREEF, Our Carmichael, The Coalition to Save Clifton, and Citizens for Justice. 

Prime Minister Hubert Minnis, then the Leader of the Opposition, speaks on the importance of Freedom of Information at one of the early FOIA demonstrations in 2014.

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