Secrecy blurs access to information law - Age-old Official Secrets Act remains on law books
Published: Tuesday | March 31, 2009
Grange
DESPITE MAKING strides in providing access to information to the public, a cloud of secrecy still hangs over the public sector, as the Officials Secrets Act of 1911, is yet to be repealed, seven years after the passage of the Access to Information Act in 2002.
The Access to Information Act gives members of the public a right to information on the government service while the antiquated Official Secrets Act muzzles public servants by prohibiting the release of 'official secrets'.
Information Minister Olivia Grange told The Gleaner that the Officials Secrets Act would be rescinded, as work starts on a review of the Access to Information Act. She said her ministry was working closely with the justice ministry, as the revocation of the Officials Secrets Act would also facilitate the passage of the Whistle-Blowers legislation.
Draft examined
She said Cabinet had examined the draft Whistle-Blowers Bill, which would be brought to Parliament in the new legislative year.
Last Thursday, the joint select committee of Parliament reviewing the Access to Information Act held its first meeting for the legislative year, days before the prorogation of Parliament.
The committee, chaired by Grange, discussed administrative issues and provided an update on the work of the Access to Information Unit.
It was decided that the committee would invite submissions on proposed changes to the seven-year-old Access to Information law.
Deliberations on the legislation are expected to begin late May or early June.
Apply sanctions
At last week's meeting, a document detailing the minister's position on a report submitted by a parliamentary committee in 2006 was tabled.
In her review, Grange agreed with the recommendation of the Carter Centre, as set out in report of the last committee that sanctions should be applied to responsible officers in the public sector who withhold information from the public. At the same time, she is also proposing that sanctions be brought against public servants who provide unauthorised access to official documents.
On the matter of whether public authorities such as Parliament and government commissions should be exempted under the Access to Information Act, Grange said advice should be sought from the Attorney General's Chambers.
edmond.campbell@gleanerjm.com