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Recruitment of Information Commissioner to start soon

Mayor of Hamilton, Charles Gosling

Public Access to Information legislation is on track to becoming operational this year as promised, according to Government.And there is still no deadline for public bodies to be PATI-ready. Instead “the plan is for departments and public bodies to be ready when PATI is commenced” said the Premier’s press secretary Dwayne Caines.Last year Premier Paula Cox said the law, which was passed in the summer of 2010, would become operational in the second half of this year.Government is already a year behind on at least one critical PATI goal, announced by former Premier Ewart Brown, to recruit an Information Commissioner by the end of 2010.“The PATI Office has been established and an office location has been identified. Recruitment action for the Information Commissioner and key staff is scheduled for the first quarter of 2012,” said Mr Caines.And asked which departments or public bodies are most PATI-ready, he said: “One of the first tasks of the Information Commissioner will be to assess the general state of preparedness for PATI.”Asked if the Premier is happy with the progress being made on PATI implementation, Mr Caines said that the commencement day notice “will signify Government’s satisfaction with the state of preparedness for PATI.”The freedom of information law will give Bermuda residents the right to ask for information held by public bodies.It will apply to all public authorities, except those exempted, including government departments, quangos, statutory boards and committees and the Corporations of Hamilton and St George.Public bodies have to prepare for implementation of the Act by:n producing an information statement explaining, among other things, its structure, legislation, functions and services provided, types of records held, policies and procedures, rules and guidelines; andn developing internal processes for handling requests for information, in line with the Act.Other tasks to be completed before the enactment date are:n developing regulations for application procedures and management of records;n setting minimum records management standards which are consistent across Government;n establishing an Information Commissioner’s Office and recruiting an Information Commissioner;n preparing and publishing a PATI guidance document and code of practice for use by the public and public service; andn training public officers to receive and process requests.Last night Mayor of Hamilton Charles Gosling said that PATI-readiness hinged on resource availability and having the Information Commissioner in place.“I know that we’ve done an overall look at what we need to be providing to the public in case we have any requests for information,” Mr Gosling said.“But in terms of the Information Statement and stuff like that, I do think we have a lot of work to do.“Lack of resources has been a bit of a challenge in terms of getting a system of properly indexing the Corporation’s minutes.”But he added: “In order for us to be ready under the requirements of the Act, I do think we need to at least meet with the Commissioner to get an understanding of how they are interpreting the Act.”He said PATI was in keeping with the Corporation’s efforts to be as transparent as possible.“What is being asked of us is going to have an implication in terms of costs of doing business.“We certainly intend to be as compliant as we possibly can be with this legislation. But until a Commissioner is appointed we have virtually no guidance in terms of what Government’s true intent is with this Act.”The Commissioner will be tasked with helping civil servants prepare for PATI coming into force and will review appeals when requests for access to official documents are turned down.