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HOW PATI WOULD WORK IN BERMUDA

Much of the work needed to introduce a public access information law to Bermuda has already been done by the Government's Central Policy Unit. A discussion paper it released in 2005 told residents what to expect if PATI legislation is passed here. The bullet points below explain some of what was recommended by the CPU but drafting instructions for legislation have yet to reach Cabinet.

• Your access to government-held information would be a legally enforceable right. As much information as possible would be made accessible and information would only be exempt if it could cause harm. Embarrassment would not constitute harm.

• You could ask for information from: government ministries; any other bodies that form part of government, such as the judiciary or the legislature; bodies that are owned, controlled or substantially funded by government, such as the West End Development Corporation or Bermuda Housing Corporation; bodies that carry out statutory or public functions such as Bermuda Monetary Authority or the National Training Board; charities that receive public funds and businesses that carry out services on behalf of the state.

• Businesses obtaining work from the Government would be subject to a higher level of scrutiny than those not. Bids and tenders for state contracts would be released, including why certain companies were successful, the value of contracts and whether or not quality services were delivered.

• Bermudians, residents of the Island and anyone else in the world could request information. The requester's identity and the reason for the request would be irrelevant though requests considered "voluminous or vexatious" could be refused.

• Those requests would need to be made in writing though if that wasn't possible you could dictate a request verbally. An affordable application fee would be imposed. Government would aim to acknowledge your request in ten days and have the information in 20 days.

• Government would adopt a comprehensive publication scheme for public bodies meaning much information would be readily available before the public asked for it. The scheme would advise on information already in the public domain and explain how to make PATI requests.

• Under PATI even if information could harm a particular interest, disclosure may still happen if the release of information was in the public interest. Decision makers within government would have to use a public interest test to determine this. An independent information commissioner would be appointed to hear appeals about decisions on disclosure.

• Information whose disclosure could harm security or defence, threaten the environment or impair the ability of the Police to carry out its functions would be excluded under PATI. Information that could prejudice Cabinet's ability to make decisions collectively would not be included but those decisions and deliberations could be disclosed once implemented sooner than the current 30-year rule.

• Implementation of PATI could take between three and five years after a law is passed — though the Cayman Islands, which passed a law last August, has opted for a 14-month roll-out period.