The Tribune

By KEILE CAMPBELL

Tribune Staff Reporter

kcampbell@tribunemedia.net

THE Bahamas’ long-delayed Freedom of Information system remains unable to fully operate because regulations needed to support the law are still not in place, with trained information managers unable to begin their work, new Information Commissioner Donna Newton said yesterday.

Mrs Newton, who was sworn in yesterday, could give no timeline for full implementation of the legislation, saying her immediate priority was getting the regulations in place.

Information managers were trained under former commissioner Keith Thompson but have yet to begin their duties.

The government earlier this month placed draft Freedom of Information regulations online for public consultation, more than 14 years after Parliament first passed Freedom of Information legislation.

Attorney General Wayne Munroe previously said the regulations would be reviewed after the consultation period before legislative drafters dealt with any changes.

Mrs Newton said she could not say how long that process would take.

Mrs Newton said she had only recently assumed the post and could not yet determine what resources the office would need.

She acknowledged the need for a deputy commissioner and said an assistant commissioner was presently in place.

Resources have been a recurring issue for the Freedom of Information Office.

Its budget allocation has routinely been set at $140,000 despite previous estimates that about $1m annually would be needed for full implementation.

In 2024, Mr Thompson said the $140,000 allocation would accomplish “absolutely nothing”.

At the time, technology required to facilitate the system had not arrived, while the Organisation for Responsible Governance said the funding was insufficient to cover necessary technology, government training and public education.

Finance Minister Michael Halkitis defended the allocation in Parliament in June, saying the $140,000 was sufficient for the office’s operational expenses and did not include salaries.

Mr Thompson’s tenure ended after years of delays in bringing the Freedom of Information system into full operation.

His office had planned a phased rollout involving selected government agencies and identified information managers as part of the preparations.

In 2023, information managers from government ministries and agencies began training on the legislation. Officials identified ten agencies for the first phase of implementation and said rollout and testing were expected to begin by November that year.

However, Mr Thompson said the following year that technology needed to facilitate the system had not arrived despite his office seeking funding for it from the Office of the Attorney General.

Mrs Newton said public education would be another priority as she takes over the office.

She said the Information Commissioner’s Office would operate independently and hear appeals when public authorities refused requests for information.

“It's very important that the information commissioner acts independently of the government,” Mrs Newton said. “That would be the only way that the information is trusted. The public trusts, puts its confidence in the commissioner and the unit if it is seen to be independent of the government.”

The Freedom of Information Act gives the public a right of access to records held by public authorities, subject to exemptions.

Mrs Newton said those exemptions include information involving national security and personal data.

She said her focus as she takes office will be getting the regulations in place and educating Bahamians about how the system will work once it becomes operational.