Premier promises PATI to become operational next year

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Premier Paula Cox last night promised that Bermuda’s long-awaited public access to information (PATI) law would become operational “in the second half of 2012”.

The legislation was passed in Parliament on July 23, 2010, when then Premier Ewart Brown told the public to expect implementation within two to three years.

He said an Information Commissioner would be appointed before the end of 2010 though the role has not yet been filled.

Ms Cox, responding to questions from The Royal Gazette, said in a statement yesterday: “The timing, as stated in the debate in the House at that time, was to allow for the necessary preparation and a proper rollout.

“This Act represents a seismic shift in the way that public authorities disseminate information. In order for this legislation to achieve its goal, much preparation is required to ensure that public authorities meet the requirements and stringent deadlines set out in this Act.”

The Premier said an implementation taskforce, led by permanent secretary Wayne Carey, was formed as soon as the Public Access to Information Act 2010 was approved.

“In August 2010, Mr Carey visited Cayman Islands to learn from the challenges that they experienced when implementing their legislation,” she said.

“One of the lessons learned from their experiences highlighted for us early on that this would be a lengthy implementation process.

“The taskforce also undertook a comprehensive review of the record management systems already in place in Government to determine what was required to be in place before the enactment date.

“This core team produced a draft implementation plan in September 2010. All public authorities, other than those exempted, including government departments, quangos, statutory boards and committees and the Corporations of Hamilton and St George, are subject to the PATI Act.”

Finance Minister Ms Cox said each authority had to prepare for the Act to become operational by:

l producing an information statement explaining, among other things, its structure, legislation, functions and services provided, types of records held, policies and procedures, rules and guidelines; and

l developing internal processes for handling requests for information, in line with the Act.

Other tasks to be completed before the enactment date are:

l developing regulations for application procedures and management of records;

l setting minimum records management standards which are consistent across Government;

l establishing an Information Commissioner’s Office and recruiting an Information Commissioner;

l preparing and publishing a PATI guidance document and code of practice for use by the public and public service; and

l training public officers to receive and process requests.

Ms Cox said public sessions to education citizens on how to make freedom of information requests would begin early next year.

“While PATI is not as yet operational, this Government considers PATI as another key element that evidences this administration’s continuing commitment to transparency,” she said.

The Premier said the legislation was part of a wider mission to improve accountability, adding that public meetings were held this year on the Budget, as well as on good governance and public treasury legislation and initiatives on the Mincy Report on young black males.

“There are more meetings to come. Very shortly, you will be hearing about the open budget process.”

Ms Cox said the public would soon be able to view new procurement regulations on the Government website, as well as the rules of engagement for tendering.

The Premier concluded: “Once PATI is fully operational, it will be reflective of the continuing transparency and accountability that I consider characteristic of this administration.”

Opposition leader John Barritt said as far as he was aware there had been “nothing but silence” from Government on PATI since it was passed.

He said the Island would do well to follow in Cayman’s footsteps and implement the law as soon as possible.

“Between promise, passage [through parliament] and action, was about a year in the Cayman Islands,” he said. “They moved smoothly and quickly on that. They did the same with their anti-corruption law.”

He said if Bermuda wanted to enhance its reputation and strength of governance it needed to act swiftly too.

Former Premier Alex Scott, who first promised PATI in 2003, said he didn’t know “how far along the machinery has moved” on implementing the Act, but added: “I would think that the Premier would be putting all of the energy necessary and possible into implementing it.

“Until I hear otherwise, I’m making the assumption that it’s going ahead expeditiously.”

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