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BERMUDA | RSS PODCAST

Public access to information bill released to the public

A long-awaited freedom of information bill was last night unveiled by Government and could become law during the next parliamentary session.

Premier Ewart Brown announced in a televised speech that the draft public access to information (PATI) legislation — aimed at making Government more open and accountable — was online for taxpayers to view and give feedback on at www.gov.bm. Hard copies are also available at the Cabinet Office. If MPs approve the bill, Bermuda's citizens will gain the right to ask for all kinds of information from central government and public authorities, including Government House, quangos, the corporations of Hamilton and St. George and parish councils.

The law would mean publicly-funded bodies were expected to publish as much information about themselves as possible and could not withhold information unless its disclosure would cause substantial damage to individuals or organisations.

An Information Commissioner would be appointed to hear appeals related to the legislation. Dr. Brown told TV viewers: "You will be pleased to know that Government is delivering on our promise for public access to information, or PATI, legislation. I am elated to inform you that a draft PATI bill is now in the public domain for consultation."

He added: "We are now less than a month away from the convening of Parliament. My hope is that your feedback will be provided in time for us to table this bill in the House [of Assembly] during the upcoming parliamentary session."

The draft legislation has taken six years to appear after a promise of PATI was first made by Government in its 2003 Throne Speech. A discussion paper was published in 2005 but little feedback was received on it from the public. In January 2008, The Royal Gazette launched its A Right To Know: Giving People Power campaign, which called on Government and publicly-funded bodies to throw open their doors to the people of Bermuda.

Our campaign — which pushed for a freedom of information (FOI) law to be passed as soon as possible — was supported by high-profile figures including former PLP Premier Alex Scott, Anglican Bishop Ewan Ratteray, Bermuda National Trust director Jennifer Gray, teachers' union leader Mike Charles, former Opposition UBP leader Grant Gibbons, columnist and journalist Tom Vesey, lawyer Tim Marshall, environmentalist Stuart Hayward and former US Consul Gregory Slayton.

Bill Zuill, editor of The Royal Gazette, said last night he was pleased that the initiative had finally reached the draft law stage. "Obviously we will be reviewing it carefully over the next few days," he added.

John Barritt, the UBP's spokesperson on legislative and public administration reform, said: "We are very pleased to hear that the Government has finally moved forward with this initiative to enable the public greater access to Government information. We will take a close look at what is being put forward but our initial response is positive. Bermuda, if it is to succeed in the world, must provide its people with a platform on which their Government remains open to view, responsive to their needs and accountable for its actions.

"We hope this is the start of greater things to come."

In a letter introducing the draft legislation, Dr. Brown tells taxpayers that more than 60 countries around the world have passed FOI laws since the first in Sweden in 1766 and that such legislation is supported by international organisations including the United Nations, the International Monetary Fund, the European Union and Caricom.

He writes: "The bill is designed to make central Government, and the larger public sector, more open and accountable by giving the public the legally enforceable right to request and access information subject to limited and prescribed exemptions."

A companion guide to the bill explains that any member of the public will be able to ask for information and the public authority will have 28 days to grant or refuse the request.

"A requester is not required to give any reasons for making a request and the identity of a requester is confidential," according to the guide.

• Feedback on the draft bill can be sent to pati@gov.bm or the Cabinet Secretary at 105 Front Street, Hamilton HM12.