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Consultation commences on draft Freedom of Information Bill

Monday, 10 February 2014

A six-week public consultation on proposed Freedom of Information (FOI) legislation starts today (Monday February 10, 2014). The deadline for submission of responses is Friday March 21.

In his introduction to the consultation document, Chief Minister Allan Bell MHK explains that the FOI Bill has been drafted to strike a balance between the competing demands of openness, confidentiality and affordability.

He writes:

‘The Council of Ministers remains committed to increasing openness and transparency, but it has a responsibility to do so within the context of what is practical and realistic given the challenges facing the public finances of our Island.’

In order to limit the costs and administration involved, the proposed FOI regime would not apply to information pre-dating the start of the current Manx Government in October 2011. It could only be used by Isle of Man residents and its introduction would be phased across the range of public bodies.

The existing non-statutory Code of Practice on Access to Government Information would continue to be available for information prior to October 2011, for requests from off-Island, and for public authorities covered by the Code but not yet subject to FOI.

The consultation document explains that the fundamental difference between the Code and FOI legislation is that the latter creates a legally enforceable right to access information, and imposes legal duties on public authorities. By its very nature an Act has to be more prescriptive and precise than a non-statutory Code, and its administration is more onerous.

However, the type and range of information available under the proposed Act is expected to be similar to what is already obtainable under the Code. One significant difference is that the Bill creates potential access to post-October 2011 proceedings of the Council of Ministers, subject to the exemption regime and other parameters set out in the legislation. All the records of the Council of Ministers are currently confidential by law under the Council of Ministers Act 1990.

On the issue of exemptions Mr Bell explains:

‘Even with a Freedom of Information law there will still be areas where legitimate confidentiality has to be protected, a principle that is recognised in similar regimes around the world.

‘The Bill acknowledges the Government’s need to respect confidentiality and its duty to protect the privacy of individuals and organisations with the inclusion of a number of well-defined exemptions. As is the case elsewhere there are two categories of exemptions, absolute and qualified, the latter being subject to considerations of the public interest.’

The consultation document is available online at http://tinyurl.com/ohle7dc and paper copies can be obtained from the Chief Secretary’s Office.

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