Fees of $60 an hour could be charged for some Pati requests
A fee structure for Pati requests is to be introduced with a potential cost of $60 an hour for applications that require more than 16 hours of work, MPs heard yesterday.
Vance Campbell, the Minister of Tourism and the Cabinet Office, said that a “reasonable charges” approach would mean that at least some of the costs of responding to inquiries can be recovered.
He told the House of Assembly: “We have to ensure that the public has access to the information of public authorities to better understand the reasoning for government actions.
“This enables transparency and accountability, hallmarks of a democratic government.
“At the same time, we must ensure that public authorities are able to continue their business remits and obligations.
“Unfortunately, a number of requests have placed an undue burden on some public authorities in order to manage the request.”
David Burt, the Premier and Minister of Finance, said in his February Budget Statement that a nominal fee for Pati requests would be introduced.
Mr Campbell added in March that revenue from the charges was projected to be $50,000.
He said yesterday that the latest planned approach was a shift from the earlier intention to charge for Pati applications.
The minister added that “the Reasonable Charges for Pati concept will require the implementation of a fee structure, and will thus ensure that at least some of the costs of responding to requests are recouped”.
Mr Campbell said that the approach looked to provisions in Britain’s freedom of information regime and data protection regulations.
He explained: “Like the UK regulation, a limit of working hours which would be deemed appropriate to respond to a request will be implemented.
“If it is estimated that a request would take longer to fulfil than that time limit, the public authority could either deny the request, or ask the requester to narrow the request, or invite the requester to pay a fee for the extra hours to fulfil the request.
“A flat fee per hour would be set for this work.
“The Bermuda framework would potentially establish 16 hours or two working days as the limit together with a $60-per-hour fee thereafter.”
Mr Campbell said: “The way this would work is as follows: if the public authority, after locating and reviewing the necessary records for a request, believes that the request will exceed the limit, they will produce a time estimate for the requester.
“If the time estimate is less than the time limit, the public authority will process the request according to the existing Pati procedure and at no charge to the requester.
“If the estimate is more than the limit, the requester will be invited to narrow the request in order to not incur a fee, or be invited to pay the fee, or the public authority can deny the request.
“The requester will be given a time frame to agree, dispute the estimate, refine or withdraw the request.”
MPs heard that the concept will alleviate the burden on public authorities responding to Pati requests and recognise that these are not the only demand on their resources.
The minister said it will also reduce the impact on the time, energy and finances of public authorities “to the extent that they negatively affect the normal public and operational functions of authorities”.
It is thought that the approach will compel requesters to focus applications to a more manageable size.
Mr Campbell told the House: “The Reasonable Charges for Pati concept will also necessitate the creation of tools, guidance and training on the application of time limits and fees if the requester wishes to go over the limit.
“This would be required to ensure consistency of implementation across public authorities.
“It will also aid in minimising any variance or difference in response.
“Additionally, public authorities have a statutory duty to assist requesters, making every reasonable effort in connection with their requests.
“Finally, I remind you that requesters will have the right of review, as they will have the opportunity to ask for an internal review of the decision based on the estimate, and subsequently a commissioner’s review.
“Consultation on this concept, and other Pati amendments, will take place with the Information Commissioner."
Mr Campbell pointed out that Bermuda’s regulations, like other jurisdictions, already allowed public authorities to charge for production costs in responses to Pati requests, such as photocopying, production of photographs and video duplication.
• To read the minister’s comments in full, click on the PDF under “Related Media”
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