Access to Information Act 2002 A brief introduction

Access to Information Act 2002 A brief introduction Carole Excell Field Office Representative Carter Center, Jamaica

“One's mind, once stretched by a new idea, never regains its original dimensions. " Oliver Wendell Holmes

What is a right to know? n YOU HAVE THE RIGHT TO KNOW n n What you are drinking, The quality of air that you are breathing, Whether the water you are drinking or the water you are bathing in is safe. Right to gain access to information contained in official documents,

Right to Know and the Environment n n YOU HAVE THE RIGHT TO TO ASK what is being done about the pollution, solid waste, chemicals, the food you eat YOU HAVE THE RIGHT TO PRESENT your perspectives on government decisions and be heard on it.

Access to Information Act n n n What gives you this right? - The Access to Information Act 2002 Passed in Parliament July 22, 2002. Brought into effect January 4, 2004 Covers entire public sector except Governor General where uses powers and duties under constitution, judges, Police and JDF in relation to their intelligence gathering activities The Act intends to promote a culture of openness and accountability in public authorities

The right to access information n n Gives the public a general right of access to documents held by public authorities subject to qualified exemptions. Objective of Act- give effect to fundamental principles underlying the system of constitutional democracy, namely— (a) governmental accountability; (b) transparency; and (c) public participation in national decisionmaking

A new Right!!! n n n The Act gives members of the public a legal, enforceable right to: Inspect, copy or hear official documents held by Government bodies Take action when the Government makes a decision to refuse to grant access to a document, defer the grant, or fail to grant timely access to the document.

Is this new right important? Why? n n n This new right is important: Without a knowledgeable or informed citizenry, citizens cannot understand, obtain or analyze the decisions made by the Government on their behalf, They cannot ensure that government is held accountable for decisions and policies made about health, housing, education or the environment and they cannot seek to prevent or act against corruption or back room deals.

International case studies n n An environmental group in British Colombia , Canada was concerned about the Governments new policy to allow development of commercial resorts within protected areas and made requests for information relating to the new policy. They were able to receive information on the policy including the number of parks that it was being applied to , types of construction to be allowed including road construction, lodges and air transport. The documents revealed the governments concerns about public consultation Information was however denied on the

How have persons interested in the environment used this new right? n n A student working in a law firm want to know how many persons were prosecuted for fisheries offences and the results and made a request for this information from environmental agency in Canada which enabled a understanding of the failure of the Governments prosecution policy. A journalist in Scotland requested and received information on 32 alleged breaches of laws on nature conservation, waste, fishing, sewage treatment, farming and environmental assessment for a report to present to the

What information can I ask for under the Jamaican Act? n Covers all information ‘held’, -map, plan, graph or drawing photograph, disc, tape, sound track or other device any film (including microfilm), negative, tape or other similar device. n n n Anyone can apply for information All requests for information to be dealt within 30 calendar days There is no exemption for embarrassment

Who does the Act apply to? The Act currently applies to Government Ministries, Executive Agencies and Departments, Statutory Bodies, Parish Councils, wholly-owned Government companies or those in which the Government has more than 50% shares. However the Act may be applied to ANY BODY OR ORGANIZATION SPECIFIED BY ORDER which provides services of a public nature which are essential to the welfare of the Jamaican society.

Does the Act currently apply to all of Government? The Act currently applies to all Government Public Authorities, Companies and Agencies since July 5, 2005

How do I make a request under the Act? n n n n It is simple !!! It can be made in writing , telephone, fax or e-mail. Must include name and address of applicant Must describe information requested Can use a sample form You do NOT have to give a reason for your request. An Applicant is required to give some information about the document that will enable the Authority to be able to identify it. You are not required to know the name of the document or author.

Applications and Timelines n n n Timelines are an extremely important requirement under the Act A public Authority must : Inform you in writing that it has received an application Inform you within 30 days of receipt of the Application whether or not the information will be granted or refused or deferred or the period extended and inform you of their reasons for this and your rights of appeal. This thirty days may be extended for an additional thirty days where there is reasonable cause for such an extension.

Applications and Timelines n n n TRANSFERS -A public authority may transfer an application if it believes the document is held by another public authority or is more closely connected to another authorities function. The public authority receiving the transferred application has 30 days after the receipt of the application to make a determination. A transfer must be made within 14 days of receipt of the application. No more than 3 transfers are allowed under the Act unless agreed by the applicant

n n n What information or document are exempt under the Act? (s. 14 -23) Information is made exempt under the Act to protect essential public interests or the private/business affairs of others. Documents are exempt from disclosure if They would prejudice security, defense, or international relations; Contain information from a foreign government communicated in confidence; Cabinet submission or a Cabinet Decision or record of any deliberation of the Cabinet (except for factual information); .

What information or document are exempt under the Act? (s. 14 -23) n n n The document would Endanger or could reasonably expected to endanger lives, prejudice investigations, or reveal methods or sources or Are subject to legal privilege or would be a breach of confidence, contempt of court or infringe the privileges of Parliament, Contains opinions, advice or recommendations or a record of consultations or deliberations for Cabinet Harm the national economy;

What information or document are exempt under the Act? (s. 14 -23) n n If the document: Would reveal trade secrets or other confidential commercial information; Could be expected to result in damage, destruction, or interference with historical sites, national monuments or endangered species if the release is not in the public interest; Is relating to the personal affairs of any person alive or dead

Can exempt documents be made available? (s. 14 -23) n n n Most of the exemptions are qualified exemptions, while some include a public interest test. The exemption of an official document or part thereof from disclosure does not apply after the document has been in existence for twenty years, Parts of the document which contain exempt material can be deleted and the rest of the document revealed

Internal Review and Appeals (s. 29 -32) n n n You have the right to Internal Review or the right to Appeal on the following grounds: refusal of a grant of access the grant of access to only some of the documents requested deferral of the grant of access refusal to amend or annotate a personal record the charging of, or amount of a fee (no right of appeal only review)

Internal Reviews and Appeals n n Conducted by the responsible Minister, Permanent Secretary or the principal officer of the Authority An application for internal review must be made within thirty days after the date of notification of the decision or if no decision is received within 30 days.

Internal Reviews and Appeals n Appeal to an Appeals Tribunal after a decision on internal review or if they have received no response from the Public Authority or in any other case where there is a refusal n An appeal shall be made within sixty days after the date of the notification. n The onus of proving that the relevant decision was justified is on the Public Authority

Costs n n Costs have been harmonized across Government These fees may be waived, reduced or remitted by the responsible Minister on application

Offences and penalties n n n n A person commits an offence, if he— (a) alters or defaces; (b) blocks or erases; (c) destroys; or (d) conceals, the document with the intention of preventing its disclosure. Maximum fine five hundred thousand dollars or to imprisonment. The Official Secrets Act shall apply in relation to the grant of access to an official document in contravention of this Act

Thank you for your kind attention!! “ It’s a terrible weakness to believe that if you’ve got a problem all you have to do is pass a law. It may be important to pass the law and observe it; but even more important in the long run is the active concern of the private citizen for the values involved” n Kingman Brewester Dallas Times Herald June 15, 1972