The Tribune

AMENDMENTS to the Freedom of Information Bill, 2011 were presented to the Senate recently by Attorney-General John Delaney. The debate is expected when the House of Assembly meets on February 20.

In addition to typographical corrections, the amendments restrict application rights to Bahamian citizens and permanent residents; and provide for the appointment of an information commissioner, who will also act as data protection commissioner - a post created by another law that was passed in 2003.

The amendments also confirm that the Official Secrets Act will still apply "to the grant of official documents in contravention of (the freedom of information) act". Presumably, this means that everything in government is officially top secret, unless the information commissioner says otherwise.

So far as I am aware, no consultative process ever took place for this Bill. The Tribune never officially received a draft and was never asked for input, so it is fair to assume that no other media group was consulted. However, the Bill is a close copy of the Cayman Islands law - which was years in the making.

The Official Secrets Act is a colonial-era law that makes it an offence for public officers to communicate, retain or fail to take reasonable care of information received during or after their government service. Offences are punishable by a two-year prison sentence, a $500 fine, or both.

Perhaps the most interesting amendment is the one that effectively combines two seemingly incompatible posts, presumably as a cost-saving measure.

The data protection commissioner is supposed to safeguard the privacy rights of individuals. The office was legislated almost a decade ago to comply with international standards on the processing of personal information by both the private and public sectors, but few Bahamians know it exists.

George Rodgers was named data commissioner in 2006, but he has little to keep him occupied. His 2010 report mentions only two relevant complaints, a handful of inquiries, and a number of "awareness visits" to local agencies. Regulations are apparently still under development.

The Data Protection Act gives individuals a right of access to personal information collected by public or private bodies. They also have the right to rectification or erasure of inaccurate data, as well as the right to prohibit the use of personal data for marketing purposes. Offences under the act are subject to fines of up to $100,000.

Both the data protection commissioner and the information commissioner are supposed to be independent and non-political, appointed by the governor-general on the recommendation of the prime minister after consultation with the leader of the opposition.

The data commissioner's office is likely to be considered inconsequential by most Bahamians. But the appointment of an information commissioner is an important step towards more transparency and accountability in government.

So there should be some measure of public input in the selection process, which should seek a high-profile, independent-minded individual, who is both interested in the issues and who can stand up to political pressure. Are there any candidates out there who fit this bill?

College of the Bahamas Report

After I was inexplicably unable to obtain a copy of any recent College of the Bahamas annual report to research last week's article on the College's transition to university status, Education Minister Desmond Bannister belatedly provided me with the 2010-2011 edition.

Lest we forget, these reports are required by law to be produced annually, tabled in parliament, and made available to the public in a timely fashion.

They account for the disposal of public funds and the stewardship of public officers. But the performance of most government bodies in this regard is mixed at best.

In an apparent nod to current political correctness, the word "university" is not mentioned anywhere in the 2010-11 report, although there are references to the College's mission - which explicitly assumes the development of a university of the Bahamas.

For example, "the College is on target and on course to write the next remarkable chapter in its history with a renewed commitment to its mission", wrote Council Chairman T Baswell Donaldson in his introduction.

The report puts total revenues for the fiscal year June 2010 to June 2011 at just over $43 million - comprised of a $24.7 million government subvention, $15.8 million in tuition fees, $1.8 million in sales, $450,000 in donations and grants, and $378,000 in other income.

Outgo includes $30 million in salaries and benefits, $5.7 million in operating costs, $$3.5 million in depreciation costs, $768,000 in educational expenses, $1.1 million in cost of sales, and almost $1 million in maintenance costs - producing a surplus of $816,000.

Since 2007, the College has also received $1 million annually from the government for financial aid to some 400 students.

And about 2600 students are taking advantage of a deferred payment plan for tuition expenses.

Last May, the College graduated 442 students from degree and certificate programmes - 65 per cent receiving bachelor degrees. And there are currently 600 students enrolled at the new Grand Bahama campus, out of a total College enrolment of just over 5,000, almost half of which are full-time.

The College now offers six bachelor degrees in over 60 majors, and two associate degrees.

It also facilitates the University of the West Indies law programme and the University of Technology (in Jamaica) bachelor degree in pharmacy.

A business degree was launched in 2010 with 18 students, and the College also facilitates Kent State University's master of education degree.

Other graduate degree programmes include a master of science in reading, and a master of social work in conjunction with Florida's Barry University.

• What do you think? Send comments to larry@tribunemedia.net or visit www.bahamapundit.com.