THE EDITOR, Sir:
I WRITE in response to your editorial published on Monday, April 4, 2005 in which the government was urged to rethink what were termed "draconian proposals" contained in the draft Appeal Tribunal Rules.
The rules will, when finalised, regulate the proceedings of the Appeal Tribunal which is a body established pursuant to the Access to Information Act to hear appeals in respect of the non-disclosure of official govern-ment documents.
It came as somewhat of a surprise to me that the government was being taken to task publicly, and inappropriately, in respect of these rules which are still the subject of the drafting process and, from all accounts, are yet to be discussed among the members of the tribunal itself and finalised.
I believe that the government need not be exhorted, in the terms of your editorial, to put on the table rules that are consistent with the spirit of the Access to Information Act.
Its dedication to the broader ATI programme has consistently been demonstrated in its policy of openness and inclusion in respect of the various legislative and other processes undertaken throughout the implementation of the act, including the establishment of the Stakeholders Advisory Committee.
I must also point out that the regulation of the procedures applicable to the hearing of appeals is, as expressly required by the act, the remit of the Appeal Tribunal itself, as distinct from the government as a whole, a provision which one presumes was intended to protect its independence.
MISLEADING POSITION
In any event, while vigorous debate and keen discussions are always encouraged by the government and, indeed, are vital to a healthy, robust democracy, to impute wrong motives to the government at large in relation to an incomplete process and to imply the finality of the provisions of these draft rules and the possible erosion thereunder of the right to access to information, is, in my view, an unfortunate and misleading position to adopt.
I am, etc.,
BURCHELL WHITEMAN
Minister of Information
