Bermuda could join more than 50 countries across the globe which have guaranteed their citizens the right to know what their Government is up to.

In the 2003 Speech from the Throne, the Government outlined that it would examine proposals for public access to information legislation, or what is more commonly known around the world as the freedom of information legislation.

From March 2004 through October 2004, a four-person project team from the Central Policy Unit (CPU) began developing proposals.

The CPU was also tasked with submitting draft legislation, which is due to be tabled in the House by Autumn 2006.

Once implemented, PATI legislation will give the public a statutory right to access Government-held information and will establish the presumption that records in the possession the Government and its various departments will become accessible to the people ? for a small fee.

In Bermuda the burden is currently on the individual to establish a right to examine Government records and there are no statutory guidelines or procedures to help a person seeking information.

With the passage of the PATI legislation, the burden of proof shifts from the individual to the Government and those seeking information are no longer required to show a need for information.

Instead, the ?need to know? standard will be replaced by the ?right to know? doctrine and the Government will have to justify the need for secrecy.

The objective of PATI legislation is to create a number of benefits for both the people and the Government of Bermuda and to achieve the following objectives:

Inform the public about the Government?s activities and operations, including how decisions are made;

Encourage people to participate actively in the political process and decision-making and increase fairness in decision making;

Give citizens the confidence that public funds are being spent as intended and effectively;

Improve Government efficiency; and

Eliminate unnecessary secrecy in Government.

The guiding principles for the legislation are based on international standards and once implemented, will mean that the public?s right to access to information will be legally enforceable.

Other guiding principles include:

That the identity of the requester and the reasons for the request are irrelevant;

As much information as possible should be made available and information should only be exempt if it may cause harm;

Information that upon its release could case harm should still be released if the public interest would be better served by the sharing of this information; and

Personal information will be protected.

Once the PATI legislation comes into effect ? sometime between 2009 and 2011 ? requests for information will be made in writing to the department or public body where the information is being held.

More importantly, there will be an independent review mechanism to hear appeals when the request for information is denied.

There are a number of exemptions, but these will be covered by a public interest test that will decide whether disclosing rather than withholding the information is in the public?s best interest.

Other exemptions include third parties, personal information, commercial information, information received in confidence; security, defence and policing, investigations carried out by Government and quangos that do not involve the Bermuda Police Service, legal professional privilege, contempt of court and matters before the courts, information that could harm the health and public safety, information that could threaten the environment, if the frankness of policy advice will be harmed, deliberations of the Cabinet, the release of economic and financial information that would prejudice the economic interests of Bermuda or the Government?s ability to manage the economy effectively and negotiations, tests, examinations and audit functions.

Public and private meetings took place earlier this month during which time the Central Policy Unit gathered input from the public and addressed concerns.

The discussion paper (with recommendations) will be tabled in the House during the next session.

But the closing date for submissions by email or telephone is tomorrow. Comments and concerns can be emailed to patigov.bm