Bermuda would "do well" to introduce public access to information legislation as soon as possible, according to the head of government in Cayman.

And Kurt Tibbetts, leader of the Cayman Islands' People's Progressive Movement, should know. He was instrumental in getting a law allowing people access to government-held information passed in his own country last year.

Mr. Tibbetts told The Royal Gazette it would be in this Island's interests to follow suit and join the growing number of countries around the world embracing open government.

"I think it's catching on in the (Caribbean) region now and Bermuda would do well to get legislation like that in place," he said. "I would think any government in Bermuda would consider it its responsibility.

"It is, in my view, the perfect check and balance for the public sector with regards the people's right to know. When you speak to transparency and accountability in the public sector, freedom of information is an integral part of that entire process."

Mr. Tibbetts, a good friend of former Premier Alex Scott, first raised the idea in the Cayman Islands' Legislative Assembly when in opposition in 1998.

He joined with other members in putting forward a motion calling for legislation which was approved but never enacted until his party won power.

He explained: "Nothing was done until the People's Progressive Movement won the election in 2005. It just got shelved. The public really did not have any specific mechanism which allowed for them to have access to any government information.

"It totally depended on the whims and fancies of the civil servants. I proceeded on with getting the legislation drafted."

He explained that Cayman's Freedom of Information Law — which will come into effect next January — is based on the premise of maximum disclosure.

People there now have the right to information from the Cayman Government and government-owned agencies unless there is a specific reason for it to be withheld.

"The legislation itself specifies what is not considered to be accessible, such as people's personal records or anything that might affect national security" Mr. Tibbetts said.

"The premise is the fact that you have freedom of information legislation. It in itself tells the civil servants that there is a certain way that we now have to do business. It is its own check and balance for the public sector."

At one stage, Bermuda and Cayman — another British Overseas Territory and leading off-shore financial centre — were practically neck and neck in terms of getting freedom of information put in place.

Mr. Scott published a discussion paper on his plans for a public access to information (PATI) law for Bermuda in 2005, shortly before Cayman asked its citizens for their views on the issue.

But the Caribbean country leapfrogged over this Island by swiftly getting a draft bill tabled in the Legislative Assembly. The government there spearheaded a public awareness campaign, celebrating its own Sunshine Week, just as The Royal Gazette is doing right now as part our A Right to Know: Giving People Power campaign, and holding meetings.

Mr. Tibbetts said his government told the people: "We want this type of legislation to make sure that people know that what we are doing is open and that the public have access to how its money is being spent."

The Caymanian politician said all the responses from the public were positive. "We didn't have any negative vibes. I don't think enough people participated in the process but we didn't have people who didn't want it to happen. It was well accepted."

Bermuda is still waiting for its PATI law — five years after Mr. Scott made a promise to the Island in the Throne Speech and a decade since the Progressive Labour Party declared in its manifesto that it would carry out government business in the "sunshine of public scrutiny".

But politicians in Cayman unanimously approved its Freedom of Information Law 2007 last August.

Premier Ewart Brown promised earlier this week that PATI would happen in Bermuda but said putting it in place was a "laborious" task.

Mr. Tibbetts said his country found the law no harder or more time-consuming to draft than any other. "We had access to other existing legislation," he explained. "We got a consultant from England and she helped with all of the public consultation part and also made recommendations for the draft."

The real work, he said, is when the legislation is passed and government departments begin preparing for implementation.

"Training has to be given to information officers. That takes a little time. If Bermuda goes the route we are going, you will also have an information commissioner, who would deal with any arbitration that's necessary or any dispute that's made if someone is not satisfied with the process."

Right now, Cayman is advertising for that position and looking forward to letting the sunshine in early next year.

Mr. Tibbetts said: "We are putting the machinery in place so that come January 2009 we can enact the legislation. The public service will be ready for whatever comes."

* Find out about Cayman's freedom of information law at www.foi.gov.ky.