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UBP paper will call for PATI to be retroactive

The Opposition is to submit a position paper to Cabinet on its proposed freedom of information law — calling for the legislation to be retroactive and to provide protection for whistle-blowers.

John Barritt, the United Bermuda Party's spokesman on legislative and public administration reform, said yesterday it was vital for people to comment on the draft Public Access to Information (PATI) bill before Monday, the submission deadline.

"I would like to emphasise the need for people to consider and make submissions," said the Devonshire South Central MP. "I understand the challenge most people will feel reading legislation, but they should not allow that to put them off from commenting on what they would like to see in freedom of information legislation.

"People should feel free to comment as they like and to make suggestions and leave it to those who are skilled at drafting legislation to put it into the appropriate language."

He shared the Opposition's thoughts on the bill, citing three main concerns with the draft released by Premier Ewart Brown on October 15: the lack of retrospection, the failure to provide protection for civil servants who disclose information in good faith and the wide-ranging list of records which will be exempt from the law.

A party statement said: "It is imperative that proposed freedom of information legislation apply to all past government actions and decisions.

"The United Bermuda Party will only support legislation that enables people to get answers to questions about current and past government activities. As the legislation currently stands, public access to information will commence only when it goes on the statute books, possibly in 2010.

"This means anything that occurred prior to the commencement date will not be subject to the legislation — shutting out members of the public from finding out about the business of current government or previous governments or, indeed, the changing nature of Bermuda society beyond what governments decide to disclose."

This newspaper's A Right To Know: Giving People Power campaign has called for an FOI law since the start of 2008 and we are also urging Government to make such legislation retroactive.

The UBP statement said: "It is common practice to make freedom of information retroactive — a position underlined by two freedom of information activists who recently visited the Island."

It added: "The United Bermuda Party believes PATI legislation should be supported by whistle-blower protection and the adoption of language that lends itself to disclosure for all situations but those deemed harmful to the public interest.

"In the days ahead we will submit these views in a position paper on the proposed legislation. We urge the public to join us and to do so before the deadline for submissions. It is an opportunity to tell the Government what you want; to join with others to tell them what Bermuda wants and, indeed, needs."

• The draft bill can be found at www.gov.bm. Submissions should be emailed to pati@gov.bm or delivered to the Cabinet Office before Monday.