Freedom of information is coming!

2006-02-02T10:21:00.000-05:00

My fellow Caymanians, residents and all other persons who have the wellbeing of these Cayman Islands at heart,

It is with a profound sense of satisfaction that I greet you on this website dedicated to exploring issues surrounding the pending Freedom of Information legislation.

My sincere wish is that in addition to absorbing the information available on our website, you would use this as another medium for submitting feedback to us. We want to know and understand your thoughts on what should be included in the coming law.

Welcoming feedback from everyone, at home and abroad
An advantage of having a website on Cayman’s proposed Freedom of Information legislation is that this modern communication tool can instantly reach people on the Sister Islands. This will ensure that they have access to the information about this bill at the same time as we do here on Grand Cayman. Communicating with the Sister Islands is an issue dear to me.
The idea of using a website for universal instantaneous communication also recognises the fact that many Caymanians have settled all over the world. Given the close-knit nature of Caymanians, no matter how far from home they may roam, we would also like them to participate in understanding and shaping this most important piece of legislation.

Keeping you informed
Here in Cayman, in order to ensure that there is the widest possible involvement of all residents, we have launched a national pubic information campaign, featuring a range of media.
There will be public service advertisements on television and radio, bringing attention to this important development and advising on how everyone can become involved. We have posters that will be placed at strategic points all over these islands, and brochures that will be widely distributed. We are also reaching into the schools by stimulating students and teachers to become involved.
We will be explaining what the Freedom of Information Bill is all about, how it will affect everyone, the right of access by members of the public, and obligations of government agencies.
Additionally, church groups, the civil service, the media, and other community-based organisations representing various sectors of society will be shortly receiving correspondence outlining the powers of the proposed law. Updates on campaign initiatives will be going directly to mailboxes, and we anticipate having town hall meetings in districts to foster discussion.
We also anticipate forming a select committee of Members of the Legislative Assembly who will hold pubic sessions to listen to views. No stone will be left unturned in our effort to reach all interested persons in the Cayman Islands.

Why this is important
We believe that a Freedom of Information law ensures transparency of government’s actions and makes any administration accountable to the public. People can only get involved and hold government accountable if they are allowed the right of access to information.
In this respect, it will change the manner in which we run the country by empowering the population to become involved in the process of good governance.

Proposed guidelines
An example of how much the right of access to information will change the way we do business in the government sector is that within no less than 12 months after the bill becomes law government entities must publish in the Official Gazette an explanation on everything that they are established to do and how they do it. This will apply to every ministry, portfolio, statutory authority, company or other agency. After the first publication, that information has to be re-printed and updated once every 12 months.
We are seeking to remove any possible obstacle to ensuring that members of the public are empowered and entitled to seek out and receive information on the operations of government.
For those in the financial sector, nevertheless, let me hasten to reassure you that the bill does not supersede or replace existing international co-operation agreements and channels relating to information about financial services concerns. So, you need not worry that this legislation will have any negative impact on these existing arrangements or on normal client-customer confidential relationships and other privacy issues for business.

Will it be easy to access information?
A provision in the Freedom of Information Bill laid before Parliament on 4 November 2005 is that no one has to give a reason for requesting a document from a government department.
And access by the public to information on the workings of government will be far-reaching, with restrictions applying only when the overall public interest would of necessity override. At the same time, to ensure that individual interests are safeguarded, the proposed bill spells out when restrictions may be applied.
The draft bill also requires that reasons for these restrictions, along with a certificate declaring that the documents concerned are exempt, be given to the person making the request.
And there is a right of appeal to a special appeals tribunal, if further efforts fail to bring positive outcomes as far as the requesting person is concerned.
So we are aiming to secure a law that will be balanced and fair.

Balancing individual rights with government’s obligations to protect public interest
This is where the matter of balance comes in. There must be an even-hand between the right of access to information and the obligation that we have as a government to act in the best interest of the entire country – and, in some cases, protect the right to privacy of individuals. This includes persons alive or deceased.

Please get involved
This bill is about your involvement, so we urge that everyone avails themselves of the opportunity to have an input. The deadline for your comments prior to the Select Committee’s work is Friday, 28 April. We are also working towards a June deadline, by which debate on the Bill should begin in the Legislative Assembly.
Please make every use of this opportunity and have a say in how open your government should be.

Sincerely yours
Hon. D. Kurt Tibbetts, JP
Leader of Government Business