THE EDITOR, Sir:
IF I may, I'd like to once again make a few observations in relation to the Access to Information Act. It seems to me that having some documents exempted from disclosure in order to protect essential public interests or the private/business affairs of others is a rather obscure statement, as are references to the public interest tests they would be subjected to. This is especially so when it is considered that the intent of the Act was to shed light on government activities in a political culture steeped in a veil of secrecy.
I'm not entirely convinced that the distinction between essential public interest and partisan or personal interest may be sufficiently clear in the minds of some, in particular, some who may be granted the power to sequester what would be otherwise considered public documents. With such discretionary authority at their disposal, it would be a trivial matter for persons with unprincipled intent to distort the spirit of the Act in an effort to suit their own ends.
CONTESTING
As contesting the exemption of documents must be made by way of an Internal Appeals Tribunal, it should be made clear if this is to be a government appointed body and the issue as to how its members are to be appointed needs to be addressed. Additionally, there has been no mention of the regulatory framework under which this Appeals Tribunal is to operate. The interpretation of the laws of the land must be left to the judiciary, not an arbitrarily appointed government body.
It should be made quite clear that regulation is not the enactment of law, but directives for the purpose of enforcing of law.
One would think that a cogent Access to Information Act would necessarily include provisions for the classification of documents that may qualify for exemption. Unclear references to some documents being exempted, ostensibly in the public interest could be seen in one light, as a titanic loophole in the making. Taking into account the questionable conduct of some politicians and public officials over the years, I believe these issues lend themselves to cause for concern.
I am, etc.,
ADLAI BROWNE
adlaib@yahoo.com
North Carolina
Via Go-Jamaica
