The public will be asked to comment on a draft freedom of information law in 2009, Attorney General Kim Wilson has promised.

Sen. Wilson told The Royal Gazette that a first draft of the proposed Public Access to Information (PATI) legislation was complete and a version would go before Cabinet prior to a public consultation.

"It is the desire of the Government that PATI be presented to Parliament later this year," she said.

The good news comes as this newspaper celebrates Sunshine Week — an initiative aimed at sparking dialogue about the importance of open government and freedom of information (FOI) — for the second year running.

Our A Right To Know: Giving People Power campaign, launched in January 2008, is pushing for the Island to get a PATI law as soon as possible and for publicly funded bodies to become more transparent.

The PLP first promised PATI in 2003 and previously tabled a discussion paper on the topic in 2005.

Sen. Wilson said: "The Government has always recognised that the public has a fundamental right to obtain access to information held by public authorities to the greatest extent possible, subject to limited exceptions such as the protection of the rights of others.

"Given that the Government is astutely aware that the introduction of PATI will increase transparency and eliminate unnecessary secrecy with regard to information held by public authorities, the Attorney General's Chambers have been working very diligently in proceeding with the drafting of the PATI legislation.

"I can state that the process is ongoing and it is the desire of the Government that PATI be presented to Parliament later this year. A first draft of the bill has been completed."

The Justice Minister added: "It is not at all unusual for a bill to have several drafts before it is perfected. Once it has met with the approval of Cabinet, the draft bill will be circulated for public consultation."

John Barritt, the UBP's spokesman on legislative and public administration reform, said he was pleased to hear that Government was moving on PATI but added: "As I have said many times now, seeing is believing. I say that because the PLP has dragged its feet on this.

"It's been years since former Premier Alex Scott presented an information paper on this — with little or no apparent action since."

The Opposition MP said Cayman Islands, which passed FOI legislation in 2007 that came into effect this year, was "stealing a march" on Bermuda as a jurisdiction. "Here, I hope we will at least be able to say at some point soon: better late than not at all."

All of Bermuda's parliamentary committees meet behind closed doors, including the important Public Accounts Committee (PAC), though a select committee set up to chart education reform last year was allowed to meet in public.

Mr. Barritt cited that example, as well as the Bermuda Hospitals Board's transparency over plans for a new hospital, as indicators that Bermuda is moving forward on the issue of open government.

"On the basis that we live in hope, but die in despair, I remain hopeful that progress is being made," he said.

He added that the recent episode of the "alarming Special Report of the Auditor General and Government's responses to date" was likely to persuade the public of the need for a more active and open PAC to investigate the findings.

• Are you or do you know someone who is a Sunshine Week hero? We want to know about your attempts to get access to information that you feel you have a right to know. E-mail arighttoknow@royalgazette.bm

*Find out more about Sunshine Week at www.sunshineweek.org

Ten principals

The Open Society Justice Initiative, a US-based group which promotes rights-based law reform around the world, drew up the following ten principles on the right of access to information.

1. Access to information is a right of everyone.

Anyone may request information, regardless of nationality or profession. There should be no citizenship requirements and no need to justify why the information is being sought.

2. Access is the rule secrecy is the exception!

All information held by government bodies is public, in principle. Information can be withheld only for a narrow set of legitimate reasons set forth in international law and also codified in national law.

3. The right applies to all public bodies

The public has a right to receive information in the possession of any institution funded by the public and private bodies performing public functions, such as water and electricity providers.

4. Making requests should be simple, speedy, and free.

Making a request should be simple. The only requirements should be to supply a name, address and description of the information sought. Persons with requests should be able to file them in writing, or orally. Information should be provided immediately or within a short timeframe. The cost should not be greater than the reproduction of documents.

5. Officials have a duty to assist requestors

Public officials should assist requestors in making their requests. If a request is submitted to the wrong public body, officials should transfer the request to the appropriate body.

6. Refusals must be justified.

Governments may only withhold information from public access if disclosure would cause demonstrable harm to legitimate interests, such as national security or privacy. These exceptions must be clearly and specifically defined by law. Any refusal must clearly state the reasons for withholding the information.

7. The public interest takes precedence over secrecy.

Information must be released when the public interest outweighs any harm in releasing it. There is a strong presumption that information about threats to the environment, health, or human rights, and information revealing corruption, should be released, given the high public interest in such information.

8. Everyone has the right to appeal an adverse decision.

All requestors have the right to a prompt and effective judicial review of a public body's refusal or failure to disclose information.

9. Public bodies should proactively publish core information.

Every public body should make readily available information about its functions and responsibilities, without need for a request. This information should be current, clear, and in plain language.

10. The right should be guaranteed by an independent body.

An independent agency, such as an ombudsperson or commissioner, should be established to review refusals, promote awareness, and advance the right to access information.