Trotman to accelerate consultations on Freedom of Information Act

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Trotman to accelerate consultations
on Freedom of Information Act
Kaieteur News, 12 August 2007

Alliance For Change (AFC) Member of Parliament, Raphael Trotman has
plans to galvanise support on a proposed Freedom of Information Act
during the two-month Parliamentary recess and is optimistic that the
Bill will be tabled before the end of the year.

Last year, Trotman tabled the Freedom of Information Act, 2006, and on
December 14 took steps to have the Bill deferred in order to save it
from being thrown out during the second and third stages of the
presentation.

He later told reporters that this was done to allow Government time for
study and assessment of the administrative implications of the Bill and
to allow for broadbased consultations.

Speaking on his plans to forge ahead with the Bill, Trotman stated that
he intends to engage stakeholders, including the Guyana Press
Association (GPA), the Guyana Bar Association (GBA), the Guyana Human
Rights Association (GHRA) and the government.

Trotman said that he had written the two major political parties, the
People's Progressive Party and the People's National Congress Reform,
to solicit their views on the legislation.

A compromise with the government will be crucial if the Bill is to see
the light of day by year end as planned, he added.

The Bill proposed by Trotman is based on the Trinidadian model which
some advocates consider to be restrictive and not necessarily as
liberal as some would like.

Trotman expressed the hope that even without full support the Bill can
be tabled and sent to a Special Select Committee where it can be
refined before passage in the National Assembly.

Trotman has already indicated that the passage of legislation to allow
access to information is more important than personal endeavours, and
indicated his willingness to step aside and allow the government to
take up the initiative.

The AFC believes that once Government supports the passage of the Bill,
Guyana will join some 60 other countries in this hemisphere which have
enacted freedom of information legislation.

The Party notes that freedom of information has become the
international consensus deemed to be the fillip needed to bolster
transparency and accountability to curtail corruption and raise the
standards of governance in developing countries struggling to alleviate
poverty.

The call for Freedom of Information legislation has been wide, more
resoundingly from the media corps, which find difficultly in accessing
information related to Government's business.

The Bill being proposed by Trotman clearly stipulates that the
objective is to extend the right of members of the public access to
information in the possession of public authorities by making available
to the public information about the operations of public authorities.

In particular, the Bill holds public officials to ensuring that the
authorisations, policies, rules and practices affecting members of the
public in their dealings with public authorities are readily available
to persons affected by those authorisations, policies, rules and
practices.

While the Bill generally states the right of access to information in
documentary form in the possession of public authorities, it also
states that such documents could be withheld for the protection of
essential public interests and the private and business affairs of
persons in respect of whom information is collected and held by public
authorities.

To protect Guyana 's territorial integrity, the Bill states that
documents could be withheld on the grounds that the release of such
information would prejudice relations between the Government of Guyana
and the government of any other State.

The Bill also states that documents could be withheld if it would
prejudice relations between the government and an international
organization of States.

If documents would divulge information or matter communicated in
confidence or on behalf of the government of another State to the
Government of Guyana or to a person receiving a communication on behalf
of the government of that State, then the Bill allows for those
documents to be withheld.

The Bill states that documents that would disclose matter in the nature
of opinion, advise or recommendation prepared by an officer or Minister
of Government, could be withheld.

The Bill also allows a person to seek legal action against documents
that are withheld by public officials.

But, the Bill states that no action for defamation, breach of
confidence or infringement of copyright may be brought against the
public authority or against the responsible Minister, or an officer or
employee of the public authority as a result of providing personal
information of someone who subsequently claims it to be inaccurate.

The Bill states that a person who willfully destroys or damages a
record or document required to be maintained and preserved, commits an
offence and is liable on summary conviction to a fine of $5,000 and
imprisonment for six months.

However, if a person knowingly destroys or damages a record or document
which is required to be maintained and preserved while a request for
access to the document is pending commits an offence and is liable on
summary conviction to a fine of $50,000 and imprisonment for two years.

Easy access to information to documents will come at a price to the
public as the Bill sets out clearly, that documents will have to bought
from respective agencies.