When will it be implemented?
'THERE IS many a slip between cup and lip' is a well-known saying that applies to the lead-up to the implementation of the Access to Information Act 2002. After a gestation period of almost eight years, the Act was passed into law in 2002, with an initial implementation date of August 2003. To that end, the Government established a small but active and proactive team, in the Access to Information Unit of the Office of the Prime Minister. With determination the team set about changing a culture of secrecy and trying to do all the research, training and preparation necessary for the application of the Act to all public authorities by the August 1, 2003 deadline. Under this Act, any person will have the right to access government documents and other related information, apart from those exempted or excluded under the Act.
A HERCULEAN TASK
Very rapidly, it became clear that the task of implementing these goals was a Herculean one. Not only was the Civil Service fully steeped in a culture (dictated by the 1904 Official Secrets Act) of non-disclosure of even the most trivial information on pain of sanction, but the systems of file storage and retrieval were archaic and disorganised. The problem was further compounded by the lack of a central file classification system in Government aggravated by the propensity of successive governments to rearrange departments within ministries with each Cabinet shuffle or change of government.
With no central file classification system, files which were once stored under the classification system of the Ministry of Industry, Commerce and Technology, might find themselves completely out of sync with the file classification system of the Ministry of Tourism and Industry. If they were out of sync, the person in charge of records would have no idea how to integrate the files and might not even know what was contained in particular files. The information managers were often not given the time and personnel needed to reclassify the newly transferred files, or sufficient space in which to store the files properly. All this has resulted over time, in a chaotic situation in many government entities, of information stored in boxes, in piles on the floor or even in distant warehouses, with no one having any clear idea what was in the boxes and piles and how to begin to find out.
IMPLEMENTATION DELAYED
Early in 2003, Minister of Information, Burchell Whiteman, announced that because of the difficulties identified, the implementation of the Act would be delayed until October 1, 2003. In addition, instead of applying to "all public authorities" immediately, the Act would be implemented on a phased basis beginning with just five ministries and agencies. These were the Office of the Prime Minister, the Cabinet Office, the Ministry of Finance and Planning, the Ministry of Local Government, Community Development and Sports and the National Works Agency. Subsequently, the Jamaica Information Service and the Planning Institute of Jamaica have been added to the list.
As of now, the Access to Information Act has still not been brought into operation, not even in the limited list of ministries and agencies. In the Senate, there was a month-long debate over the amendment to the Act which is required to allow phased implementation, as well as the Regulations which are needed to give effect to the Act. It was a healthy debate, marked by compromise and concessions on both sides of the House, marred mainly by the initial late bringing to Parliament of the regulations and amendments.
And here is where we get back to 'slips between cups and lips'. Jamaicans For Justice (JFJ) believes that there is strong governmental will to implement the Access to Information Act 2002. Money has been spent, much work has been done, and a massive amount of training for civil servants undertaken. We are also convinced of the Civil Service commitment to see the Act fully implemented. The Jamaica Civil Service Association lobbied, strongly and effectively, for a good Act, containing only very limited exemptions. Theirs was possibly the strongest voice from within for opening up the workings of government to the public. The Cabinet Secretary and the permanent secretaries in many ministries have participated in training and ensured that their ministries and departments have begun preparing for the full implementation of the Act.
JFJ is also convinced that the Parliamentary Opposition is committed to the objects of the Act, namely "transparency; and public participation in national decision-making, by granting to the public a general right of access to official documents held by public authorities." We have seen this demonstrated in their participation in the joint select committees, and their vigorous fight in the Senate recently. Civil Society is similarly committed to the Act, and continues to lobby, inform and participate in meetings to ensure we get the strongest Access to Information Act we can, and that the whole public is kept abreast of developments and ready to enjoy their rights under the Act.
WHY SO MANY SLIPS?
So why then, with all this commitment have we had so many 'slips between cup and lip'? There are many possible explanations, some of them very cynical and at variance with JFJ's assessment of the commitment levels of varying players. Perhaps the least cynical, most hopeful view of all these slips is that the new consultative, consensual and democratic approach to this issue demonstrated by the government, is just that new. And like all things new there are teething problems, and new roles that have to be learnt.
Maybe next time, with the experience gained from this issue, we will realise that consultation takes time and leave ourselves a longer lead-time for input from all stakeholders. Perhaps next time we will be able to table in Parliament documents we want debated, long enough in advance so as to be able to have meaningful debate on the day. Maybe next time we will expect longer debates prior to getting consensus on issues of importance, and expect vigorous, worthwhile and meaningful input from all players. These factors are what delayed the implementation of the Act, which hopefully will get approval in the House in the last week of November.
In this case JFJ believes that the 'slips between cup and lip' may in fact turn out to be valuable, both to the processes of democracy, and to the eventual successful implementation of the Act. Let us hope that this is another signal on the road to the fullest expression of ordinary citizen participation and belief in our democracy.
