Calls for Official Secrets Act to be repealed

Saturday, November 21, 2009 10:15 AM

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BY ERICA VIRTUE Observer writer virtuee@jamaicaobserver.com

Friday, July 03, 2009

THE access to information stakeholders committee Tuesday raised concerns over the continued existence of the Official Secrets Act of 1911 which runs concurrent to, and prohibits the full disclosure of information despite the provisions of the Access to Information (ATI) Act of 2002 in Jamaica that promise full disclosure.

Committee member Nancy Anderson, who, along with Dr Carolyn Gomes and Danielle Andrade, made submissions to a joint select committee of parliament hearing deliberations on the act, said new legislation was urgently needed.

"Legislation is needed to repeal the Official Secrets Act, and replace it with a more appropriate system of criminal and disciplinary sanction for unauthorised disclosures of official information in different degrees of sensitivity, and in a way that is complementary to the Access to Information Act," she said in her presentation.

"Presently the ATI Act says persons have a right to information, and the Official Secrets Act says there is an obligation to hold official secrets. As I said they cannot exist together," she reiterated.

It was the first day in the chair of the committee for new minister Daryl Vaz, who has the information portfolio which falls under the Office of the Prime Minister.

The meeting's 10:15 am start time was delayed until 10:50 as, apart from Minister Vaz, who was on time, the other members only started trickling in at 10:29 a.m.

Anderson told Vaz and members of the joint select committee that she had been trying for some time to see a copy of the Official Secrets Act, and had been unable to get one, including queries from the Supreme Court and Parliamentary libraries.

"The repeal of the Official Secrets Act has been on board from day one. With the passing of the Access to Information Legislation, the government at the time had given the promise to repeal the Official Secrets Act. As we all realise it's been several years now. Having the Official Secrets Act operating with the Access to information is really. they can't exist together.," Anderson said.

In her presentation, she rejected the suggestion for a name change of the title of the Act from Access to Information to Access to Official Documents Act.

The Official Secrets Act of 1911 was last amended in Jamaica in 1939, although it was amended in England. Anderson called it an "old, old English Act".

Her presentation was the second of a three-part submission from her group, the first part of which was made by Dr Carolyn Gomes. Gomes, in her opening remarks, praised the efforts of former minister of information Colin Campbell to get legislation and the unit up and running.

She said there was some dysfunction of the unit until recently, which has resulted in some "fall" in the performance and monitoring standards.

"The public has been left with no one from whom to seek redress on simple issues, public education suffering significantly, and procedural difficulties that could have been easily resolved, if there was better information and a dedicated, properly staffed and functioning unit," Gomes said.

She suggested that the committee recommend "amendments to the act as a statutory provision an access to information unit, with monitoring and implementation functions, and sufficient power to ensure compliance with its directives across public authorities."

In addition, her committee suggested that the ATI unit not serve as a secretariat for the tribunal as there was the potential for conflict of interest.

Her concern was shared by committee member Ronald Robinson, who believed that with both unit and tribunal falling under the Office of the Prime Minister, there was the potential for conflict of interest.

Gomes said its presence was aimed at providing a review of the act and the terms of reference of the committee.

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