A global human rights organisation has welcomed Bermuda's draft freedom of information bill, calling it a "very progressive document".

But Article 19 yesterday urged Government to revise the proposed legislation to ensure it meets international standards by being retrospective, protecting whistle-blowers and taking precedence over existing secrecy laws.

The UK-based charity has completed its own review of the draft public access to information (PATI) bill and will make a submission to the Cabinet Office.

Article 19's senior legal counsel Toby Mendel said: "We very much welcome efforts to recognise the right to information in Bermuda and note that the bill contains some very positive features.

"At the same time, the submission highlights a number of concerns with the bill, including that it applies only to information created after it comes into force and that secrecy laws trump it."

Article 19 describes the bill as "generally a very progressive document" and cites positives including that it covers records held by contractors working for public authorities and that all information provided in response to a request shall be proactively made available to the public. But the organisation, named after article 19 of the Universal Declaration of Human Rights, which protects the right to freedom of expression, also has concerns, including that the law would only apply to information created after it was adopted.

"That is a very serious and extensive limitation on the right of access," states the Article 19 submission. "We note that the vast majority of other right to information laws apply to all information held, regardless of the date of creation, and that to limit the right in this way is simply not legitimate."

Article 19's concerns include:

• the lack of a framework for fees;

• the fact that pre-existing secrecy laws prevail over the right to information;

• the absence of protection for civil servants who release information in good faith; and

• the exclusion of information held by the courts and that relating to the deliberative process of public bodies and the responsibilities of the Governor.

The review suggests that the public should have a say in who is appointed as independent Information Commissioner and that the law be made to override secrecy legislation already in existence.

Other recommendations from Article 19 include:

• that the time frame for acknowledging PATI requests be reduced from ten days to three days;

• that the proactive disclosure requirements for public authorities be extended, in particular to include more financial information;

• that no categories of information should be excluded entirely from the ambit of the law;

• that all information exempted from PATI — including Cabinet documents and that relating to the Governor's responsibilities — should be subject to a test to determine if it would be in the public interest to disclose it;

• that protection for whistle-blowers should be considered to ensure information of importance reaches the public; and

• that consideration should be given to appointing dedicated information officers for each public authority.

Government is seeking public feedback on the PATI bill, which The Royal Gazette's A Right To Know: Giving People Power campaign has called for since last January.

Premier Ewart Brown has said he wants to see it go before MPs in the next parliamentary session and if it is passed the Island will join some 90 countries which have FOI.

Mr. Mendel said Article 19 was calling on the Government to "ensure that the law finally adopted is fully in line with international standards".

John Barritt, the Opposition's spokesman on legislative and public administration reform, said Article 19 was recognised around the world as a leading practitioner and expert in drafting FOI laws.

"He [Mr. Mendel] and his organisation are a font of extremely good information and sound advice, built and informed by years and years of experience in this area," said the UBP MP.

"I am very pleased to see that he has reviewed Bermuda's draft bill and shared his views — and at no cost to Government and the people of Bermuda."

Premier Ewart Brown's spokesman said last night: "The Premier and the Government welcome all feedback on the draft public access to information legislation."

• View the draft bill at www.gov.bm. Read Article 19's full submission at www.article19.org/pdfs/press/bermuda-article-19-analyses-rti-bill.pdf.

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