‘States commissioned reports should be made available to the public’

The committee has been investigating the effectiveness of the Access to Public Information regime, which it believes should be replaced by a freedom of information law.

Its review says that the States often relies on outside consultants because the size of the island can mean that the level of expertise cannot be readily found.

The Scrutiny Management Committee was clear that this information should not be kept under wraps or subject to a higher bar for disclosure.

‘The review panel is of the opinion that any report commissioned with public funds should normally be subject to the access to public information code on the same basis as the rest of the public sector (that is, the standard that applies should be neither less nor more rigorous).

‘While a precise definition of a “commissioned report” may not be easy to find, this is an area on which an independent appeals mechanism could rule in future, if required.’

It means that people should be able to submit freedom of information requests on these commissioned reports.

One of the problems that has emerged is that if people do not know the existence of something, then it is impossible to ask for it to be made available.

Also there was a ‘lack of clarity’ and ‘contention’ about what constituted a commissioned report.

Some reports are carried out by a combination of States members, civil servants and external experts.

Others are done by third parties, but are regarded as ‘internal’ by some committees.