Adepleted National Assembly passed the Access to Information Bill on Thursday, September 15. This bill gives citizens the right to access information under the control of public authorities.
Prime Minister Samuel Hinds
It was tabled last June 17 and subsequently sent to a special select committee chaired by Prime Minister Samuel Hinds. The bill aims to promote transparency and accountability in the workings of the government and public authorities.
“Mr Speaker, there were no major changes in principle, purpose or intent. Amendments were mainly to clarify what was intended and to remove ambiguities and maybe some typos,” Hinds explained in moving for the report’s adoption.
According to the prime minister, there were nine written submissions on the bill, three of which were subsequently made orally. The legislation benefited from the input of the People’s National Congress Reform up to August 10. Hinds informed the House that only Alliance For Change Leader Raphael Trotman participated in the subsequent select committee meetings up until the presentation of the report to the National Assembly.
Both the AFC and the People’s National Congress Reform (PNCR) were opposed to Parliament working through the recess, and as such were not present at sittings of the select committee meetings.
Hinds, who sought to address the criticism that the bill does not fully allow a citizen the right to access information, said: “This Access to Information Bill is a freedom of information bill in practice.” He revealed that the bill accords with Article 136 of the Guyana Constitution and Article 19 of the Universal Declaration of Human Rights, both of which address the issue of freedom to information. The prime minister is convinced that, already, Guyanese have free access to information, especially that displayed on the websites of the various government ministries and agencies, as well as broadcast at weekly post-Cabinet media briefings.
Exempt documents
While the highly- anticipated piece of legislation enshrines the right of all Guyanese and persons domiciled in Guyana to have access to official documents, there are exceptions.
The exceptions include Cabinet documents, those likely to prejudice the defence of the state, and documents relating to international relations, trade secrets, the economy, commercial affairs, 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 exempt document.” However, in the instances of persons applying for information contained in exempt documents, the commissioner of information, whose appointment the bill provides for, could advise the applicant to revise the application, or the information could still be given with the exempted matter deleted.
The commissioner of information, who will be appointed by the president, shall also give access to the document when there is reasonable evidence that giving access to the document is justified in the public interest in terms of any benefit or any damage that may arise from doing so.
Equally, the commissioner could also refuse to grant access to documents where he is satisfied that the request is made by or on behalf of a person who had made a previous request that was denied by the High Court, or if there are reasonable grounds to deny the request.
The act does not apply to the president, a commission of inquiry called 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 safeguarded 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,” the bill pointed out.
According to the legal document, the commissioner of information should display “eminence in public life, with a wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, or administration and governance.”
