Time to Pass the Freedom of Information Bill
“When information which properly belongs to the public is systematically withheld by those in power, the people soon become ignorant of their own affairs, distrustful of those who manage them, and eventually incapable of determining their own destinies” – Richard Nixon
Although one may find Nixon to be a curious point of reference on matters of good governance, this quote in contrast to the failings of his administration, arguably reflects a similar situation in Barbados. Barbados has had successive governments which have paid lip-service to the implementation of good governance initiatives but have often failed to meet their commitments. One such initiative is freedom of information legislation and what seems to be a refusal to pass such an act. Despite the existence of a Freedom of Information Act (FOIA) since 2008, the bill has yet to be laid before Parliament. It would seem therefore that both political parties are contented with business as usual as Barbadians must continue to endure multiple administrations operating in a shroud of secrecy .
Fighting corruption through Freedom of Information
A Freedom of Information Act (FOIA) would prove to be valuable on the statue books as the act is designed to increase governmental transparency by giving people access to the activities of government. As it stands, many of government’s operations are conducted in mystery and shadows, which likely allows practices like corruption to flourish. Therefore, FOIAs are critical in the fight against corruption as they break the culture of secrecy which has characterised successive governments.
A FOIA can break this culture as it provides for open government where records and information including; public contracts, concessions granted to companies and individuals, details relating to government purchase of goods and services, details relating to government sale of land and other assets, policy papers, detailed financial statements and communication correspondence are accessible to the public. Arguably, this level of public access should make government officials less inclined to engage in corrupt practices as their actions would be exposed to the public’s vigilant eye.
A review of Barbados’ Freedom of Information Act
Commendably, many of the expectations of a FOIA are already captured in Barbados’ 2008 Freedom of Information bill.
- The bill provides protections against permitting the release of personal information such as medical records, information that could affect legal proceedings and issues of national security.
- It stipulates that every ministry should have an information officer and commissioner to ensure the public easy access to information, and to monitor and report to Parliament on the compliance by ministries to meet their legal obligations.
- Additionally, the powers of the Ombudsman have also increased as they can review a ministry’s refusal to release information with the ability to override that ministry’s decision.
- In instances where a ministry fails to comply with the disclosure requirements the minister of that minister would be liable with considerable penalties involved.
The FOIA could be passed as soon as the next sitting of Parliament
Despite a solid piece of legislation that has passed the Parliamentary Counsel Office, there is little reason why the bill cannot be laid before house for passage. Given the contents of this bill have been fashioned by other FOIAs in territories like Jamaica and Trinidad and Tobago, no controversy should arise as we have seen it in operation elsewhere. Therefore, legislative stall tactics like select committees and multiple readings of the bill are unnecessary. With political will, the bill could be laid before the next sitting of parliament and passed as countless others have without the lengthy processes.
FOIAs must be matched with enforcement
Even with the passing of the bill, the public of Barbados should continue to agitate for disclosure laws such as FOIAs to be accompanied and reinforced by additional laws and offices since transparency does not necessarily lead to accountability. Barbadians have seen numerous instances where authorised disclosed information like the Auditor General’s report, which highlights gross mismanagement and potential corruption, failed to hold authorities to account.
- We must therefore ensure that the offices responsible for investigations and prosecutions have the legal means, independence, staff and funding to do so.
- Further, the ability to effectively use information to determine whether leaders deserve reelection or thrown out of office because of fraud or mismanagement ultimately rest in the hands of we — the citizens.
Among various democracies around the world, it has become somewhat of a tradition that when nearing the end of an administration’s tenure, the politics of goodwill tends to prevail. Such timing therefore, provides the opportunity for both governing parties to support bringing the FOIA before parliament, and pass what is arguably an uncontestable piece of legislation which can improve governance in Barbados; an achievement we could all applaud as one nation.