Delays & lawyers plague FOI
(CNS): While some public authorities have embraced the freedom of information law and are proactively publishing more and more information, others seem to be doing everything they can to prevent information from coming, says the information commissioner. Ahead of this year’s Right to Know Week, when her office promotes the right of the people to access information Jennifer Dilbert said the use of delaying tactics, time wasting and lawyers were becoming all too common with some government entities. Once again, the information boss pointed out that it is not access to information that costs the public purse but efforts to try and thwart that access.
She pointed out that the law helps government save money because when civil servants know everything they do could be under transparent public scrutiny they may think twice about what they spend. Moreover, she pointed out, it is free to publish information on websites or release documents to applicant. The costs come when public sector workers spend time trying to find ways to block applicants and when lawyers become involved.
“Of course it is the right of every public authority to engage lawyers but we believe the information managers need to engage more with the applicants as often requests can be narrowed and time wasting cut down if they communicate,” Dilbert told CNS. “In some cases, when getting down to the finer points of a request, information managers may feel they need a lawyer but in most cases the managers are trained and they should be able to handle the majority of requests, especially if they discuss the issue with the customer and use a more common sense approach,” she added.
Dilbert also noted that slow progress was being made on the review of the law which formed part of the legislation passed in 2009. However, she said, since the review committee began looking at the changes needed to make the law function better, other issues have now emerged regarding the law and her office’s dwindling resources and she said it did need to be reviewed further.
Since the law came into effect in January 2009 up until June 2012, Dilbert and her team have handled 95 appeals where applicants have been denied information. Seventy-nine of those were resolved, including twenty cases which went to hearings before the commissioner.
During this year’s Right to Know Week Christina Smith, the ICO’s office manager, said the small team were doing as much as they could with limited resources to promote the theme of “It's yours, just ask”, which makes it clear that as the government represents the people, the people have the right of access to what it does.
Over the coming weeks the team from the ICO will be out and about promoting this and encouraging people to use the law. The week opens with a church service on 23 September and culminates in an appearance at Market at the Grounds on Saturday. Right To Know Day will be celebrated on 28 September.
See more on the ICO website www.infocomm.ky
Category: FOI
Keep up the good work Jennifer.Only those with something to hide(and there are plenty of them out there)will make your life difficult.
Go Jennifer! Hold those corrupt feet to the fire.
Stick to your guns,damn the torpedos, full speed ahead!!!!!!
Time will shortly come to name and shame those government bodies who refuse to cooperate with FOI. Next step after that if it continues is disiplinary action upto and including firing those who refuse to cooperate with FOI. The FOI needs to have the teeth to get these people to comply. The age of cover-up is long gone.
Bottom line is that certain public authorities never wanted FOI, don't want to cooperate with it now and will do everything in the power to frustrate it.
I think it's safe to say that Ms Dilbert's excellent sentiments to the effect that, "when civil servants know everything they do could be under transparent public scrutiny they may think twice about what they spend," are not shared by either the FCO or the Governor's office.
According to documents quoted by another media outlet these two bodies regard the release of material under FOI as a threat to good governance. I believe the actual wording states something along the lines of 'it might lead to more circumspect reporting of events' – in other words they'd be forced to cover up even more things to prevent them being made public under FOI than they do now.
CNS, here's a suggestion- why not file FOI requests will all the public authorities to find out how much they are spending getting 'lawyered up' to deal with FOI requests. I think you will find the responses rather interesting.
To the LA here's another suggestion – ban public authorities from spending more than a nominal amount (say about CI$500) buying in outsidelegal assistance to fight FOI appeals unless the applicant can be proved to be spending more than that and even then cap the total expenditure at a level that prevents money from being the deciding factor.
Well the UDP promised transparency in government, but some of us did not understand that they meant that we would clearly see that they are trying to hide the facts from the public…
This is so true. I have been trying to get my pension complaint resolved for over three years. I have made numerous requests to the FOI. On the 29th day at about 8:30pm, I receive a request for an extension. Of my seven requests, I didn't always receive an acknolwedgment. I received a release of one request after an Internal Review. I have four that have been combined into one appeal, and one currently in the Internal Review stage. Further, I have recently made another FOI request, of which I anticipate an extension, then an Internal Review, and an appeal.
The process is arduous and tedious, and more of a game of cat and mouse. There is no common sense. As Ms. Dilbert stated the use of delay tactics and time wasting is only prolonging matters and wasting government money. It's definitely a form of job security.
In my particular case there has been non-compliance of the National Pension Law by an employer for over 10 years, I reported it to the Superintendent over three years ago and there has been NO ENFORCEMENT. At the same time, I have made numerous FOI requests I mention above, related to resolving this case, and my efforts have been thwarted throughout the FOI process and the pension investigation.
There appears to be a conflict of interest as my complaint was filed with the Superintendent and my FOI requests were filed with the Information Manager, both positions held by Amy Wolliston. So, there is knowledge of at least three violations by at least three employees, nine violations by an employer, two violations of the Labour Law, Orders issued, and NO ENFORCEMENT. The NPO, the ICO, the OCC, and at least five MLA's have complete knowledge of this case, including the Minister that oversees this Department, Mr. Rolston Anglin and my efforts to obtain a resolution have been thwarted and the cover-up continues.
I hope that Ms. Dilbert can use my case as example of the loopholes many have created in the FOI process to increase the efficiency and effectiveness of the ICO. I would also like to mention that my dealings with many members of the ICO has been extremely helpful and very professional and their efforts should be commended. There are those who are genuinely trying to help and make a difference, and then there are those who are finding ways to take advantage of the process.