The Tribune

PRESIDENT Obama has routinely promised greater transparency within the federal government. Now, Congress is making strides towards achieving this critical goal.

The House of Representatives and Senate are currently considering nearly identical bills to strengthen the Freedom of Information Act (FOIA), which provides the general public, including journalists, with access to federal government records.

This legislation has received broad support across media organisations, including the Sunshine in Government Initiative, a coalition of which the Newspaper Association of America is a member. And here’s why:

Openness instead of secrecy would be the “default” key within the government.

The legislation would require agencies to release documents under a “presumption of openness,” reaffirming the principle that information should never be kept confidential to protect government interests at the expense of the public. Agencies would need to prove specific harm that could result from disclosures before withholding documents. While this policy has been in place since 2009, the legislation would ensure future administrations honour this objective for openness.

The process of obtaining FOIA records would be much more efficient.

Citizens and journalists would receive requested information in a more timely fashion and would be updated on the status of their request or reason for denial. Federal agencies would be allowed to withhold information on policy deliberations for only 25 years – currently, there is no limit.

More records would be available.

The legislation would require agencies to post frequently requested information online. This will give citizens and journalists more timely access to key information and a deeper understanding of what the government is doing – or not doing.

Why is this important?

The Freedom of Information Act remains a powerful, though currently inefficient, tool to obtain public information. Last year, several key stories were brought to light as a result of reporters’ FOIA record requests.

The Associated Press was able to show that people accused of Nazi war crimes had continued receiving Social Security payments after leaving our country. In another instance, a reporter reviewing military ballistics tests found that the Marine Corps had issued armoured vests that failed to protect against bullets – and 5,277 vests were quickly recalled, perhaps saving lives. Likewise, records obtained through FOIA revealed that some firefighter safety equipment failed to work properly when exposed to heat or moisture, rendering it ineffective in crisis situations.

Without these records and journalists’ diligent research, none of this would have been brought to public attention. Our armed forces and firefighters may have been directly harmed as a result.

The Freedom of Information Act was enacted in 1966. It remains critical for creating and preserving an open and accountable government. However, it must be updated to keep up with changing technology and a persistent mindset within federal agencies that information belongs to the government not the general public.

Congress came very close to passing FOIA reform legislation last year before the end of the 113th Congress. Now, members in both the Senate and House are working in a bi-partisan fashion to move these bills forward in the new Congress. The Senate Judiciary Committee unanimously approved its FOIA reform bill, S. 337, which is sponsored by Senators John Cornyn, Patrick Leahy, and Judiciary Committee Chairman Charles Grassley. The House bill (H.R. 653), which is sponsored by Representatives Darrell Issa and Elijah Cummings, was reported out of committee last week. We applaud the bills’ sponsors and the congressional leadership for turning their attention to this good government legislation. We hope that this momentum bodes well for bipartisan, bicameral action early in the new Congress.

By Caroline Little, president and CEO, Newspaper Association of America.

NOW FOR THE BAHAMAS…

ALTHOUGH America has had a Freedom of Information Act since 1966, pressure is now being brought to make the Act even more transparent, reminding citizens of their inherent right to know and government’s duty to keep them informed.

Today the Newspaper Association of America considers its present FOIA, although still powerful, a “currently inefficient tool” with which to obtain public information.

While America’s journalists argue for an update, Bahamians are clamouring for an FOIA to update. Although there have been promises — in fact an Act was passed in parliament in 2012 leaving it open to the Minister to say when it would become effective – there has been no activity to suggest whether the Bahamas will ever have a FOIA.

If we had such an Act — one with far more teeth than the one passed in 2012 — the people could sabre rattle for more information. They would have the ammunition with which to demand better management, more accountability of government funds and fewer corrupting temptations. Several officials are probably shaken by the demands for information that the people are now making on them, but can one imagine what brakes they might apply to themselves when faced with temptation if they knew that there was an instrument with teeth that could demand information that should be in the public domain.

Presently, having been able to keep Bahamians in the dark about information that is rightfully theirs, our legislators probably believe the servants can continue to be kept their ”masters” under their feet until the next election.

Human rights lawyer Toby Mendel, executive director and founder of Canada’s Centre for Law and Democracy, in an interview with Bahamian Alison Lowe, considers the proposed Bahamas FOIA in its present form “inherently offensive” to the public’s right to know. In his opinion government’s proposed delay of considering the passage of the Act until Spring of 2016 is “not appropriate” given the well-developed status of the law.

He said that Bahamians should “fight hard” to have the 2012 Freedom of Information Act in its present form amended.

Although, Prime Minister Christie seems unable to keep his government in check, if there were a FOIA with teeth that could bite, the questions from the press could do the job for him. His ministers would certainly know that Big Brother in the form of the people would be watching, questioning and keeping them accountable. They might think twice about doing the foolishness that they are now doing — and expecting to get away with it.