Email Alerts | Facebook | Twitter | SunShopper
Bermuda Sun... Beyond the Headlines | Hamilton, Bermuda
GorhamsLeaderHouse6-10


Government Careers
Legals & Notices
Marriages
Official Gazette
SunShopper Classifieds

Announcements
Submit an Announcement

BPS Crime Statistics
Policing Plan 2010
Budget 2010
Ministerial Statements

Subscribe
Email News Alerts
Story tips
Contact Us

Code of Practice


weather sponsored by





home : archives : archives September 02, 2010


3/31/2004
Why we should all push for a Freedom of Information Act
By Carol Shuman


Itâs amazing how I could live in Bermuda for 14 years and not realize it÷Bermuda has no Freedom of Information (FOI) Law.

Did you know that?

I didnât know it until I talked with that top government official who I praised in a recent column.

He said previously heâs always worked in jurisdictions with such legislation, and itâs really ãdifferentä here without it. Thatâs one reason I canât tell you who I talked to, and itâs another reason that we only know the policemen who allegedly are being investigated in reference to drug activities by the letters A, B, C, and D.

Iâve been told by a ãknowledgeable sourceä÷ I canât say who either ÷ that the accused four are on ãpaid leave.ä (I wondered, didnât you?). The good news is that government reportedly upped ãpaid leaveä during investigations from 2/3 to full pay. After all, ãthey ÷ the accused ÷ have responsibilities,ä I was reminded.

I hope that if youâre accused of something you get ãpaid leaveä too. Iâm sure that you, also, have responsibilities.

Meanwhile, what are FOI Laws, who has them, and why are they needed?

Transparency

Because, according to Maurice Frankel, director of the Campaign for Freedom of Information, located in London, England, ãTransparency is the key way to deter and detect corruption and to safeguard the integrity of government.ä

Iâve noticed that when Iâve tried to obtain some information for this column and for my own interest, Iâve found, not only that the information was not forthcoming, but that some folks are shocked that I even asked, and often even afraid.

Well, my confusion occurred because as a journalist in the U.S., I operated under an existing FOI Act. I thought the whole world was like that! They have long been in place in Canada, the U.S., Australia, Ireland, New Zealand, Sweden, Thailand, Japan, and so many others).

I often wondered when I read the local papers why some things were so vague ÷ except, perhaps, the look on the face of the horse on Front Street when it allegedly was ãmolested.ä I guess horses arenât as protected as Government agencies and other humans. And neither, apparently, are some of the disgusting details of sex crimes.

FOI is a given in most countries ÷ more than 20 now have laws providing the public with a general right of access to government records.

Itâs also a right which the individual exercises directly. People seeking information do not have to persuade an elected representative to ask questions for them, search for a lawyer willing to waive his or her fees, or hope that their situation involves the peculiar characteristics that the press deems newsworthy.

It is a free-standing right, which the ordinary citizen uses in his or her own name. Moreover, youâre not required to justify your request or demonstrate any kind of ãneed to know.ä The burden of proof is on the public authority to justify withholding the information. The only precondition may be that the applicant be a citizen or permanent resident· although some countries even allow ãany personä right of access.

The U.S. Dept. of Justice summed up the purpose of FOI: ãto check against corruption and to hold the governors accountable to the governed.ä

And politicians themselves may use the information! Good news! Some 200 requests reportedly are made per year by MPs in Ireland. And Canadaâs Information Commissioner has reported that ãmore members of Parliament than ever before are using the access law· It did not take· (Opposition) parties long to learnä benefits of FOI in terms of honesty÷their own and their adversaries!

So what do you want, Bermudians?

An attorney friend of mine (who I canât name ÷you know why!) said that he receives ãstoriesä every day to review to prevent libel. Heâs busy. He doesnât need that business.

With a good FOI law, any journalist worth his or her salt ÷ and they are worth more than that in Bermuda ÷ will help Bermudians become more knowledgeable.

I hope readers think seriously about this.n Carol Shuman, Ph.D., is a Bermuda-based psychologist and author. She can be reached at drcshuman@datkin.net





Submit a Comment
Please give us your views on this article. While all information is required, only your name and message will be visible on the website.

Note:
Comments must be less than 250 words. Longer comments will not be accepted. Comments are not posted immediately. Each submission must be approved by the site editor, who may edit it for appropriateness. Comments libelling people (e.g. calling them corrupt, crooked or dishonest), personal attacks and racist comments will not be posted. Please restrict your comments to the topic of the article. Before you post a comment, please read our House Rules.
Submit an Article Comment
First Name:
Required
Last Name:
Required
Phone:
Required
Email:
Required
Message:
Required
Passcode:
Required
Anti-SPAM Passcode Click here to see a new mix of characters.
This is an anti-SPAM device. It is not case sensitive.
   


Advanced Search


GorhamsLeaderHouse6-10

Life

TERMS OF SERVICE | HOUSE RULES | PRIVACY POLICY | ADVERTISE | CONTACT US | NEWS ALERTS

SUNSHOPPER | BERMUDA.COM | LOCAL.BERMUDA.COM

Copyright © 2010 Bermuda Sun Ltd. All Rights Reserved


Software © 1998-2010 1up! Software, All Rights Reserved