The Guyana government introduced the Access to Information Bill in the National Assembly on June 17, more than two years after it was promised to the Guyanese public.
The bill, number 10 of 2011, was tabled by Home Affairs Minister Clement Rohee and was sent to the select committee upon request of the government.
Home Affairs Minister Clement Rohee
“This bill provides for setting out a practical regime of right to information for persons to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of the government and public authorities, and for the appointment of the commissioner of information,” the explanatory memorandum states.
But while the highly- anticipated piece of legislation gives all Guyanese and persons domiciled in Guyana the right to access an official document, there are exceptions. Information exempted include Cabinet documents; those likely to prejudice the defence of the state; documents relative to international relations, trade secrets, economy, commercial affairs and legal privilege, and documents to which secrecy provisions apply. “… after a period of 20 years since the last day of the year in which a Cabinet or an internal working document came into existence, it shall cease to be an exempted document,” the memorandum explained.
However, in the instances of persons applying for information contained in exempted documents, the commissioner of information could advise the applicant to revise the application, or the information could still be given with the exempted matter deleted.
The commissioner of information shall also give access to the document where there is reasonable evidence that giving access to the document is justified in the public interest, having considered any benefit or damage that may arise from doing so.
Equally, the commissioner of information could refuse to grant access to documents where he is satisfied that the request is made by or on behalf of a person who made a previous request that was denied by the High Court, or if there are reasonable grounds.
Meanwhile, the act does not apply to the president, a commission of inquiry set up by the president, and a “public authority or function of a public authority as the president may, by order subject to negative resolution of the National Assembly, determine”. The media protection of a ‘source’ is also guaranteed under the piece of legislation. “Notwithstanding any provision of this act, where a request is made for access to a document held by the media, the media shall not be required to give access under this act to any part of the document which discloses the source of any information obtained in the course of making any programme or broadcast,” it pointed out.
According to the legal document, the commissioner of information shall be appointed by the president, and should display “eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance”.
This bill replaces the Freedom of Information Bill as tabled by the leader of the Alliance For Change, Raphael Trotman. Trotman was not present in Parliament on June 17, but AFC presidential candidate Khemraj Ramjattan told Guyana Times International that the party was pleased the bill was finally being tabled. Acknowledging that he has not yet perused the bill, Ramjattan expressed hope that it featured much of what his party wanted in such a piece of legislation.
“…I have to go through now, provision by provision. Hopefully, when I do that, I will see what compares favourably to what we had. Once that happens, we support it,” the attorney noted.
The FOI bill that the AFC had tabled was fashioned after those in other Caribbean countries, and coincided with commercial transactions AND secrecy laws, among other things. Meanwhile, People’s National Congress Reform Parliamentarian Lance Carberry was reluctant to comment, explaining that he had not yet examined the bill. President Bharrat Jagdeo had promised since in 2009 to have the legislation tabled in the House.
