Review of Access to Information Act in limbo

 

Uncertainty has clouded the review of the Access to Information Act amid a seemingly snail-paced revision process. 

 

The review, which seeks to modernise the act and ensure it aligns with current best practices for open government and effective records management, has been ongoing for some time. 

 

Passed in June 2002 and implemented two years after, the critical legislation gives the public a general legal right of access to official government documents which would otherwise be inaccessible. These, however, exclude national security documents and those that could interfere with the country's economic stability. 

 

During Wednesday's post-Cabinet press briefing, Information Minister Dr. Dana Morris Dixon explained that her office is awaiting a response from the Attorney General's office regarding the review of the ATI Act. 

 

"With my checks with the information team, it's been that it is still at the AG chambers. I have raised it and I have asked for an update and I will, now that you've brought it up again, I will put it higher on my radar. It will go up to number one because we're going to have to make a decision once we get that back. Do we move straight into amendments? Do we do another round of a joint select committee? Because it's been some time since those recommendations were put on the table and I'm sure that...the media may have new things you'd want us to contemplate," he acknowledged. 

 

In 2021, then Information Minister Robert Morgan revealed that the Ministry of Education, Youth and Information, was also awaiting comments from the Attorney General's chambers on a Cabinet submission with respect to the review. He said, once the comments were received, the Ministry would move to submit to Cabinet for consideration. 

 

A comprehensive review of the ATI Act was conducted from 2009 to 2011 and the Joint Select Committee report to Parliament was tabled in 2011, which made recommendations including strengthening the ATI unit and extending the public interest test. 

 

But there has been no action taken since 2011 to amend the Act or implement the recommendations in the JSC report. 

 

The provisions of the Act outlined that it is to be reviewed biennially.