Trotman tables freedom of info bill
Stabroek News
December 15, 2006

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A private member's bill to allow access to records held by government bodies was tabled in the National Assembly yesterday.

AFC MP Raphael Trotman introduced the Freedom of Information Bill 2006, which will create a right in every person to obtain access to official documents. The so-called sunshine legislation was originally tabled before the dissolution of the last parliamentary session. Conse-quently, the Bill was resubmitted.

According to its explanatory memorandum, the Bill provides for members of the public to be given access to information considered to be under the control or possession of government authorities, with some exceptions. The new law would place a duty on public authorities to assist persons in the processing of requests for information. Such authorities would also be enjoined to maintain and preserve records in relation to its functions and copies of all documents that come into its possession. Additionally, the law would also make it an offence for any person to knowingly destroy or damage a record or document which is to be maintained or preserved.

However, some types of documents will be exempt from publication. These will include: the official record of the Cabinet and its deliberations; documents that would, upon publication, prejudice the defence of Guyana; documents that would, upon publication, prejudice Guyana's international relations with other countries; law enforcement documents, which cannot be published so as to preserve investigations, intelligence reports, and to protect the lives or safety of persons engaged in law enforcement; documents which are considered trade secrets of business, financial or commercial undertakings; and documents which affect the country's economy and the commercial affairs of public authorities.

Other proposed provisions would ensure that once a document is given under the Act in good faith and without malice, no action for defamation, breach of confidence or infringement of copyright shall be instituted in relation to anything contained within it.

Now that the bill has been tabled observers note that there will be great interest in how quickly it comes up for debate and the government's position on it.