Time not right for freedom of information law - Scrutiny

The committee has come up with three options for States members to pick from.

It is recommending that the current system is strengthened by adding an independent appeals process.

It also wants to rename the current Access to Public Information and call it the Freedom of Information Code.

But it stopped short of recommending a full freedom of information law similar to that in Jersey, the Isle of Man and the UK.

Deputy Yvonne Burford, president of Scrutiny Management, said it had to be realistic in the current circumstances.

‘The reason that, by a majority, we didn’t support the full legislation is because of the length of time it would take for the policy letter to come back, and then even if that was passed by the States, which I think is unlikely in the current climate, it would require legislative drafting and has to go into the prioritisation system.

‘So I can easily see nothing really happening before the end of the term given the other pressures on government post-Covid.

‘So we felt that we would like to get things moving much sooner, so we want to put in an appeals panel.

‘We could do some publicity around it, because I think most people aren’t aware of the API system, and that can be up and running this year.’

The previous Scrutiny Management Committee carried out a substantial investigation into a freedom of information law and reached the conclusion that it should become legislation.

In other jurisdictions it is seen as a vital tool for democracy that challenges a culture of secrecy. It is also seen as a means of changing the mindset of public officials so that information is always put into the public domain, unless there is a very good reason not to.

Set-up costs are estimated to be between £500,000 and £2.68m.

Deputy Simon Fairclough, a former BBC journalist, is the lone voice within Scrutiny Management who wants a full FOI law.

‘I made that clear when I stood and I haven’t changed my mind. In fact, having read the review a number of times I’m even more convinced that we do need a full FoI system over here.

‘So I’ll be supporting the first option, and if that falls away I’ll support the second option, but ultimately it’s a decision for the States,’ he said.

Under the proposed appeals system, if a committee or organisation stonewalled a direction there would be no legal powers to challenge this refusal. Mindful of this, Scrutiny Management wants to publish the number of cases where a veto is used.

. The three members of Scrutiny Management are Deputies Burford and Fairclough and Deputy John Dyke.