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PATI to be retroactive – Premier

Announcement: Premier Dr. Ewart Brown is set to tell MPs today that PATI legislation will now be retroactive.

Premier Ewart Brown will today tell MPs that Bermuda's forthcoming freedom of information law will be retroactive.

He is set to read a statement in the House of Assembly this morning explaining that the draft Public to Access Information (PATI) bill will be rewritten so it covers all government-held records, regardless of their creation date.

"Much of the public discussion on PATI has surrounded the issue of retroactivity," Dr. Brown will tell MPs. "I wish to advise this honourable House that when I invite Cabinet's further consideration of the bill it will contain a recommendation that it consider the issue of retroactivity.

"Personally, I wish it to be clearly understood that I am in favour of retroactivity right back to the Sea Venture."

The proposed PATI legislation unveiled by Dr. Brown on October 15 was described in a companion guide as "forward looking" i.e. only covering information created after the date that the law went into effect.

But the lack of retrospection prompted an outcry, with local organisations and individuals, as well as international FOI experts, urging Government to rethink the bill.

The Royal Gazette- which launched its A Right To Know: Giving People Power campaign in January 2008 -called for PATI to be retroactive, along with the United Bermuda Party, Bermuda Democratic Alliance and PLP politicians Alex Scott and Walton Brown.

Dr. Brown will say today he is pleased that public consultation on the draft legislation led to 437 submissions.

"These submissions have been logged, will be gazetted in summary to recognise their submission and they will be actively considered as we further review the draft bill," he will tell Parliament.

"I am pleased with the public response to the draft bill and I expect that the revised bill will be one that addresses many of the useful submissions recorded."

The Premier's statement, released in advance to The Royal Gazette by the Cabinet Office last night, will explain that the Attorney General's Chambers will now redraft the bill and it will be tabled in the House after Cabinet consideration.

"That process will take a short while," the Premier will say. "As such, when we return in the New Year, honourable members can expect to consider the bill."

Dr. Brown will also announce that a comprehensive survey of government records and information will begin in January to prepare the country for PATI -the first in almost 20 years.

He will say in his statement: "As Bermuda begins to prepare for the passage of public access to information legislation, or PATI, we must ensure there are sound record and information management systems in place to underpin the requirements of the new law.

"We acknowledge that there is much work to be done in this area, but we are readying ourselves."

A team of six archivists will conduct the survey, providing an "accurate, detailed and up to date assessment of the strengths and weaknesses in our record keeping systems", according to Dr. Brown. It is due to be completed by mid-2010.

The Premier will tell MPs: "Once the survey has been completed we will be able to develop a focused plan for the future.

>"We will provide a government-wide programme of improvement and training and, in keeping with best archival practice, codes of practice for the management of records in public offices will be prepared and issued."