This afternoon is the deadline for public input to the PATI “public access to information” bill. I encourage you to make a submission, no matter how brief. The PATI bill may be found here:
Submissions should be directed to The Cabinet Secretary at pati@gov.bm.
The issue of retroactivity is a big deal. PATI should apply to public information, not just future information.
The media has picked up on something. There is a trend in recent years in new laws allowing the Minister to amend the law by regulation – without having to go back to Parliament. This may make sense in some cases, such as the Companies Act, which deal with transactional matters. The ability to quickly enact minor changes to the law helps Bermuda’s competitiveness.
In my opinion, however, this “workaround” is being used too frequently. It is definitely not a good idea for the public access to information law. It has taken years for Government to propose PATI – with much study and two successive rounds of public consultation. Ministers should not then be allowed to single-handedly exclude any public authority from the PATI by simple regulation … as is proposed in section 58(1)(d) waaay at the back of the proposed law.
PATI should apply to all public authorities, as well as any entity that receives significant funding from the Government. If a blanket exclusion is desired for a public authority, then it should be justified before Parliament.
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