PATI- Not here yet, and not retroactive?

[marypoppins]

$800m and counting... wow, if that is a little thing then you're a whole lot better off than I am. If there has been corruption (either UBP or PLP) then I would like to know about it so that a, those responsible can start repaying their debts to society and b, so that they do not play any part in future government.

Politicians need to be held to a very high standard of accountability - even if they have to be dragged there kicking and screaming.

[Blankman]

$800m and counting...

The simple fact that the proposed PATI legislation is not retroactive means that anything relating to those funds is off limits.

[Bermuda Rasta]

$800m and counting...

The simple fact that the proposed PATI legislation is not retroactive means that anything relating to those funds is off limits.

Does that fall into the same category as "no dogs when I'm clearing Customs"?

[marypoppins]

$800m and counting...

The simple fact that the proposed PATI legislation is not retroactive means that anything relating to those funds is off limits.

Does that fall into the same category as "no dogs when I'm clearing Customs"?

Its because he's allergic to dog hair - he can provide a doctor's certificate if needed

[WTF]

Bermuda PATI = Pathetic Attempt To Inform Preventing Access To Information

Would anyone know if any other country that has enacted a PATI or Freedom of Information Act has limited the information available to only that which is created after the act/law has been enacted?

[Blankman]

Bermuda PATI = Pathetic Attempt To Inform

The least you can do is get it right.

PATI = Preventing Access To Information

[Renaissance Man]

Bermuda PATI = Pathetic Attempt To Inform Preventing Access To Information

Would anyone know if any other country that has enacted a PATI or Freedom of Information Act has limited the information available to only that which is created after the act/law has been enacted?

A quick search did not turn up any, other than a Royal Gazette article about our half-assed attempt. Hmmm....

The entry on the US is interesting for the particulars of the timeline...http://en.wikipedia.org/wiki/Freedom_of_Information_Act_(United_States)

This bit from the RG article was interesting...

Government describes the bill, which could go before MPs in the next parliamentary session, as "forward looking" but experts told The Royal Gazette it was unusual for a transparency law not to be retrospective.

Freedom of information laws in the US and the UK, as well as many other democracies around the world, are retroactive, meaning citizens can ask for access to any records held by government, regardless of their creation date.

Lucy Dalglish, executive director of US organisation Reporters Committee for Freedom of the Press, said: "The fact that they are doing this kind of astonishes me. I think that's kind of nutty.

"I can't think of anybody's law that works this way. There might be some, but none of the laws I have ever worked with do."

She added: "That seems to me like it gives a free pass to anyone in government who in the past may have screwed up. It will completely block any oversight of [previous] government operations."

[Limerick]

Your definition of majority needs tweaking.

The PLP got 53% of the popular vote and the UBP 47%. 

That means roughly 35% of the public actually voted for the PLP and approximately 30% of the public voted for the UBP.  Not much of a spread given the shape the UBP was in [and it's even worse now].

I was referring to popularity or approval polls Blanks, but yeah even in your example the PLP does not have the majority of anything really. Stats, stats, stats......

[Renaissance Man]

Article 19 gives half-hearted recommendation to PATI. From the RG

Rights group calls PATI bill 'very progressive'

By Sam Strangeways
A global human rights organisation has welcomed Bermuda's draft freedom of information bill, calling it a "very progressive document".



But Article 19 yesterday urged Government to revise the proposed legislation to ensure it meets international standards by being retrospective, protecting whistle-blowers and taking precedence over existing secrecy laws.

The UK-based charity has completed its own review of the draft public access to information (PATI) bill and will make a submission to the Cabinet Office.

Article 19's senior legal counsel Toby Mendel said: "We very much welcome efforts to recognise the right to information in Bermuda and note that the bill contains some very positive features.

"At the same time, the submission highlights a number of concerns with the bill, including that it applies only to information created after it comes into force and that secrecy laws trump it."

Article 19 describes the bill as "generally a very progressive document" and cites positives including that it covers records held by contractors working for public authorities and that all information provided in response to a request shall be proactively made available to the public. But the organisation, named after article 19 of the Universal Declaration of Human Rights, which protects the right to freedom of expression, also has concerns, including that the law would only apply to information created after it was adopted.

"That is a very serious and extensive limitation on the right of access," states the Article 19 submission. "We note that the vast majority of other right to information laws apply to all information held, regardless of the date of creation, and that to limit the right in this way is simply not legitimate."

Article 19's concerns include:

• the lack of a framework for fees;

• the fact that pre-existing secrecy laws prevail over the right to information;

• the absence of protection for civil servants who release information in good faith; and

• the exclusion of information held by the courts and that relating to the deliberative process of public bodies and the responsibilities of the Governor.

The review suggests that the public should have a say in who is appointed as independent Information Commissioner and that the law be made to override secrecy legislation already in existence.

Other recommendations from Article 19 include:

• that the time frame for acknowledging PATI requests be reduced from ten days to three days;

• that the proactive disclosure requirements for public authorities be extended, in particular to include more financial information;

• that no categories of information should be excluded entirely from the ambit of the law;

• that all information exempted from PATI — including Cabinet documents and that relating to the Governor's responsibilities — should be subject to a test to determine if it would be in the public interest to disclose it;

• that protection for whistle-blowers should be considered to ensure information of importance reaches the public; and

• that consideration should be given to appointing dedicated information officers for each public authority.

Government is seeking public feedback on the PATI bill, which The Royal Gazette's A Right To Know: Giving People Power campaign has called for since last January.

Premier Ewart Brown has said he wants to see it go before MPs in the next parliamentary session and if it is passed the Island will join some 90 countries which have FOI.

Mr. Mendel said Article 19 was calling on the Government to "ensure that the law finally adopted is fully in line with international standards".

John Barritt, the Opposition's spokesman on legislative and public administration reform, said Article 19 was recognised around the world as a leading practitioner and expert in drafting FOI laws.

"He [Mr. Mendel] and his organisation are a font of extremely good information and sound advice, built and informed by years and years of experience in this area," said the UBP MP.

"I am very pleased to see that he has reviewed Bermuda's draft bill and shared his views — and at no cost to Government and the people of Bermuda."

Premier Ewart Brown's spokesman said last night: "The Premier and the Government welcome all feedback on the draft public access to information legislation."

• View the draft bill at www.gov.bm. Read Article 19's full submission at www.article19.org/pdfs/press/bermuda-article-19-analyses-rti-bill.pdf.

[shenanagans]

Hello everyone, please send in submissions for amending PATI legislation - deadline is this Monday - so far only 24 submissions received!! Let's get a little motivated.  It won't take much more time than putting a post up on here. 

[Blankman]

Definitely not here yet and, while I'm sure there will be enough exclusions to make the end result meaningless, it's also supposed to be retroactive.  From Bernews:

Premier On Public Access To Information Act

The Public Access To Information Act 2010 [PATI] was debated in the House of Assembly last evening [July 23], and MPs unanimously approved the bill, and Premier Dr Ewart Brown said the legislation should be implemented within two to three years.

The Premier said “there are many who are anxious to peer through the files of the Office of the Premier, the benefits that this Bill will open up to all Bermudians and residents is truly for each and every one of us.” The Premier went on to say that the Bill now currently covers all records, irrespective of when they were created, even “back to the Sea Venture.”

Below follows the full text of the Premier’s statement to Members of Parliament:

Today is the fulfillment of this Government’s long standing pledge to operate in the light of public scrutiny; it is the expansion of the limits of democratic citizenship characteristic of Bermuda’s not so distant past.

We have always had a vision for Bermuda, and the Public Access to Information Bill brings us closer to the Bermuda of our imagination. Some may perceive this Bill as a lofty concept, one for politicians and journalists. And while I’m sure that there are many who are anxious to peer through the files of the Office of the Premier, the benefits that this Bill will open up to all Bermudians and residents is truly for each and every one of us. Democracy and good governance are not simply ideals to be discussed and debated by politicians, but principles that must be realized by everyday people.

Mr. Speaker, Public Access to Information will not only provide a statutory right for people to request and obtain information; it will provide an obligation of review and appeal in cases where information is not provided.

There are a number of great objects of this Bill; to make government for all generations to come, more open and transparent; to develop a more efficient and engaging Civil Service; and to increase accountability to the people of all public bodies. This Bill will increase the sphere of public influence on how Government does the people’s business.

Mr. Speaker, for the single parent interested in getting his child into a particular school, or the descendants of war pensioners who want to know why they have been denied benefits of equal measure, or the hospital patient who wants access to her medical records, this legislation is for them.

For those who believe in a better Bermuda and want insight into the sustainability of our waste methods, the efficacy of zero-based budgeting or how Government’s policies strengthen Bermudian culture, this legislation will give them access to the answers.

And for those who seek justice and redress predicated upon access to information, this legislation will empower them.

Mr. Speaker, I also believe it important for my colleagues across the floor to know that we did not simply answer the call for Public Access to Information; we made the call.

This Bill is in many ways the daughter of Bermuda’s constitutional reform. Through the labour of love of my esteemed colleague, The Honourable Dame Jennifer Smith, Bermuda’s modern Constitution was brought to life.

Work began in earnest to launch the next era in Bermuda’s democratic maturity, and under the Premiership of my predecessor, The Honourable W. Alexander Scott, a project team was struck to implement the Throne Speech pledge to examine proposals for Public Access to Information. Comprehensive research and consultation began. Presentations were made to every Ministry of the Government. International consultation that focused on both the successes and shortcomings of Public Access to Information laws around the world was conducted. This important work resulted in a Discussion Paper outlining the Government’s intention to bring forward this legislation.

At that time the interest in the initiative was strong, but the number of comments on the Discussion Paper was few. In spite of this the work embodying the legislation continued quietly and diligently until the Consultation Draft of the Bill was released for Bermuda and the world to review and provide comment.

The consultation was conducted not for its own sake, but to hear the views of the people and where appropriate amend the Consultation Draft for its improvement. The Government worked hard to obtain substantive and meaningful feedback on the Bill. Presentations were made to the general public, civil society groups, Rotary, and on the local airwaves. Following these efforts, we were inundated with submissions and received over five hundred comments on the Bill. The people decided to speak, and not only on talk shows and in barber shops and boat clubs; people chose to speak directly to their Government. And it should be no surprise that we listened.

The consultation submissions called for the law to be fully retrospective, for more detailed fees information to be provided, for fewer exemptions, for amending the procedures under which the appointed Minister could make regulations, and for protection for civil servants and whistleblowers.

The Government revisited its large library of research and deliberated on the substance of every single consultation submission. The issue of retrospection, the greatest concern raised during the consultation has been fully addressed with the deletion of section 13 of the Consultative Draft Bill which read in part that the Bill did “. . . not apply to records held by a public authority that were created before the coming into operation of this section.” I am proud to say that the Bill now currently covers all records, irrespective of when they were created, dating back to the time of the Charter for the Somers’ Isle Company, in other words, Mr. Speaker, back to the Sea Venture.

Exemptions pertaining to personal information, the deliberations of public authorities, financial and economic interests, and the Governor’s responsibilities and communications with the United Kingdom were narrowed to allow significantly more information to be accessed through this legislation.

The Minister’s powers to make regulations, as is common practice in a number of laws through the negative resolution procedure, are now mandated through the affirmative resolution procedure.

Additionally, the Government has not only provided protections for civil servants acting in good faith under the legislation, but affords those protections to every public authority, its employees and agents.

Mr. Speaker, I would like to announce at this time that the consultation submissions in their entirety are available at the Cabinet Office for all to see. It is important to this Government to share with the very public who participated in the development of this public policy just what was said and how.

And so on this day, it is intended that Bermuda take another step towards joining the 70 plus countries with Public Access to Information legislation. We will join the company of countries as large and vibrant as India and as small and tranquil as the Cayman Islands.

Every Ministry and Department of Government, every Quango, every Parish Council, and every Board and Committee will be covered by this legislation and required to provide information to members of the public both proactively and upon request. From Government House to the Office of the Premier to the Bermuda Police Service, to the King Edward VII Memorial Hospital, the light will shine on these and every other public authority.

Mr. Speaker, I have already heard the question “when will access be provided?” The issue of just “how” to provide access to members of the public has been a key component of our proposals thus far, and must be addressed before the question of “when” can be correctly answered. The Government has carefully examined implementation of Public Access to Information in many other jurisdictions and is currently concretizing these efforts through the drafting of a comprehensive plan by the Permanent Secretary seconded to the Cabinet Office for oversight of Public Access to Information implementation. This is further demonstration of the value that we place on making this legislation a practical reality.

The public will be able to exercise their statutory right to access information within the next two to three years. Efforts are already in train to establish a Public Access to Information Unit to lead implementation across all public authorities. The Unit will also have ongoing responsibility for monitoring and evaluating the legislation’s effectiveness and will provide ongoing support to public authorities to ensure that they are ready to meet and exceed their statutory responsibilities with regard to providing access to the public.

The Bill will also establish an independent Information Commissioner who will hear appeals and have the power to make binding decisions on any denied requests for information. The Commissioner is also responsible for promoting Public Access to Information to the general public.

A special thank you must be extended to our sister to the south, the Cayman Islands who have been instrumental in providing ongoing assistance and insight into their successes and challenges in bringing forward Public Access to Information. They have generously allowed us to engage them on a continuing basis and we have learned a lot from their experiences thus far.

Mr. Speaker, on this special day, a day whose significance and impact will not be fully appreciated for some time to come, I would like to close with the following remarks. We have long been a Government that strived to advance Bermuda among modern, western democracies; and today we continue in this process. This Bill fulfills our promise to give back to the people access to the information that is truly theirs. The Government will become a spectrum/prism through which information will be disseminated in all its shades and colours for all to see. This is but one of the many paths that we have chosen for a better Bermuda.

Thank You.

^{emphasis added}

Amazing that they can ram through legislation relating to the Corporations in a few days, introduce gambling legislation in that same sort of time frame, but having promised this particular piece of legislation and (purportedly) been working on it for who knows how long it's still going to take another two to three years to impliment.

[Eructus]

"Today is the fulfillment of this Government’s long standing pledge to operate in the light of public scrutiny; it is the expansion of the limits of democratic citizenship characteristic of Bermuda’s not so distant past.

We have always had a vision for Bermuda, and the Public Access to Information Bill brings us closer to the Bermuda of our imagination."

So, the main plank of the PLP's 1998 Election platform, to operate in the sunshine of public scrutiny, existed only as a pledge, a concept of the imagination, a vision thing, to occur some fifteen years after '98. And then the game will start anew as  the Law is interpreted to suit Government and not the People.

Operating openly does not require a law to do so, only the will.

[SmokingGun]

Should be fun to see Zane and Ewart at the next CoH open meeting when they start to have that "mature" conversation.... although I'm think manure is more appropriate when it comes to little Zane.....

[SmokingGun]

Two to three years before anyone can review the past yet what about today Brown? What about operating in an open and transparent manner today? You don't need PATI to share with the people what the $800,000 consultants report has to say. Ewart Brown is even using the promise of PATI to avoid open and transparent government. As Eructus says, all it takes is the will.   

I guess everyone can now understand why I have had zero respect for Ewart Brown for so long. He gives weasels a bad name. Slime balls even cringe knowing they are associated with him.

Paula Cox will inherit a government infested with the Ewart virus and will have a lot of answering to do. Soon shell own it and because she doesn't have the resources Ewart has to keep running shell fail and shell fail miserably by taking the blame on everything. I can not imagine the stress doing her any good. The only way she can avoid it is by pushing PATI through asap and operating openly even before it comes on line.   

[jnc]

Ewart Brown is even using the promise of PATI to avoid open and transparent government.

But you've gotta 'admire' the dude for that one, though, right? Reminds me of the classic definition of 'chutzpah'.... (although I just saw another definition involving three questions that's quite funny).

Noel