Miliband says it is up to Bermuda to pass FOI legislation
Bermuda must decide for itself whether to pass freedom of information legislation and open up its parliamentary committees to the public, according to officials in Britain.
UK Foreign Secretary David Miliband says in a response to a report from the British Parliament's Foreign Affairs Committee (FAC), which singled out the Island as needing to strengthen its transparency measures, that it is not up to London to determine such issues.
But he adds that the British Government "favours" committees of the House of Assembly meeting in public and encourages all British Overseas Territories to consider transparency laws, offering help for those who decide to adopt them.
Bermuda was first promised freedom of information (FOI) — or public access to information (PATI) as it is known here — by politicians here more than five years ago.
But legislation has yet to be tabled in Parliament, unlike in the Cayman Islands, where an FOI law passed in 2007 came into effect at the start of this month.
Bermuda's parliamentary committees, including the important Public Accounts Committee, which vets public spending, continue to meet in secret, though the issue is under review.
The Falkland Islands, with a population of just 3,000, has a Committees (Access to Information) Ordinance which gives the public rights of access to government committee meetings and documents.
The Royal Gazette's A Right to Know: Giving People Power campaign calls for Bermuda to follow countless other developed democracies in giving taxpayers the right to know how their money is being spent and about decisions affecting them.
The FAC report, released last July after a year-long review of all 14 territories, recommended that the Foreign and Commonwealth Office "strongly encourage all overseas territories which have not yet done so to introduce freedom of information legislation".
Mr. Miliband says in his reply: "The introduction of freedom of information legislation is a matter for each overseas territory to decide, considering its own circumstances and capacity."
He adds: "The Government will consider favourably requests for technical assistance from any... territory that decided to adopt such legislation, and we encourage them to consider doing so."
He says the British Government will continue to encourage the territories to promote transparency and, where necessary, to improve public accounting and auditing capability.
"Although it favours committees of the House of Assembly meeting in public, it recognises that this would be for the House itself to decide," says the Foreign Secretary.
Mr. Miliband says the British Government agrees with the FAC's recommendation that it should review with each territory what steps could be taken to improve public accounting and auditing capability.
As such, the UK's National School of Government is studying the best way to bring about improvement.
Ideas include offering expert help from Britain and the sharing of good practice between territories, such as extending the membership of public accounts committees to include those outside of government.