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Peel board critical of Freedom of Information Bill
DRAFT legislation supposed to guarantee public access to official records simply pays lipservice to that principle, Peel Commissioners have claimed.
Board members criticised the Freedom of Information Bill, saying it focused too much on local authorities rather than central government and contained too many loopholes to be an effective tool for residents and the media.
Their response to the bill echoes that of Ramsey commissioner Dr Alex Allinson who, in a letter to the Manx Independent last week, said he was 'frightened by its arrogance and threats to democracy'.
Peel Commissioners' chairman Ray Harmer said: 'This bill seems to place an incredible burden of scrutiny on local authorities but little where it should be, on central government.
'Under its terms, local authorities would be under undue pressure and would not be covered for the costs they incur retrieving information, yet government ministers and the Council of Ministers would not be properly held to account.
'At the moment, it seems more like the government is saying "we are writing a Freedom of Information Bill" rather than actually providing one.'
Commissioner Alan Jones said: 'I understand that not everything can be open to the public, otherwise the government would not be able to exercise all of its functions properly.
'But this bill is a lot of paper saying very little. It doesn't help the public or the press to get hold of information.
'If you are going to have a Freedom of Information Bill, it should make absolutely clear what is to be kept secret, but this bill doesn't do that.'
Commissioner Rodger Gimbert said he had concerns over specific provisions within the bill which he said were vague or overly restrictive, including:
the bill does not cover private records created before September 1 1996, the date the government's Code of Practice on Access to Information came into effect (paragraph 3.2.4);
the Lieutenant Governor and Council of Ministers are exempt (3.3.2);
local authorities are not covered by the Code of Practice but they and all their joint boards and committees are subject to the bill (3.3.5);
CoMin can by order amend the list of applicable public authorities (3.3.8);
CoMin can by order restrict the kind of information a public authority is required to make available (3.4);
information can be refused if it relates to the formulation or development of government policy, communications between ministers or advice from the Attorney General (3.29).
Comments on the bill (see www.gov.im/lib/news/cso/consultationlaun.xml) can be submitted to the Chief Secretary's Office until September 10.
WHAT DO YOU THINK?
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YOUR COMMENTS
So it looks as if we will have to the use of the whistleblowers as usual,this is smacking of a dictatorship in it's highest form. I think the full bill as enacted in the UK should be printed to show up this lot of official secrets act gang.
EORH
Well said EORH. This bunch are nothing if not totally predictable. Roll on November 2011, the first question everyone should have for prospective MHKs is "Do you support a fully comprehensive Freedom of Information Act?" What can they possibly have to hide?
CONCERNED MANXMAN
"We want information." "You won't get it !" Remind you of anything ? Well the last bullet point in the list above says it all really doesn't it. Transparency is fundamental to an effective democracy but until the day we are under full and direct government from Westminster we'll never 'see' anything close to it. The Punch and Judy show that is Tynwald is in reality more akin to a fairground stall on Douglas beach, with little real power to change anything, even if they wanted to. Real power in the Island devolves to those who set and frame the agenda, who steer the course which government follows, and who benefit the most, thinking it to be in the best interests of ALL the people of the Isle of Man. You could quite reasonably argue that we've done quite well out of this 'power arrangement' in recent years. But as every magician knows, transparency is all part of the illusion and you must never let the people see how the trick really works. Freedom of information is a bit like this. Now, "who is Number One ?"
NUMBER SIX
I guess this is the next stage in the 'making local authorities more accountable' issue, as recently muted by one of our illustrious MHKs. Did we really expect it would go further than that? Government to allow access to backdated information on themselves! Dont be silly! Thier faces would be even redder than they are already! Our democracy is closer to North Korea than the western world!
STEVO
Many a true word said in jest Stevo.
CONCERNED MANXMAN
The title of this Bill is a pure contradiction in terms. They must have a lot to hide about how they "govern". When Governments act like this then we know they must be is desperate. This is not a democracy.
AR, Douglas
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