Right to Information Act :

Govt. under microscope

by Uditha Kumarasinghe

The proposed draft bill of the Right to Information Bill while providing access to people for their right to information has imposed restrictions on certain sensitive areas such as defence, national security and personal privacy.

However, the Act has recommended to revise the existing constitutional provision on freedom of expression with the replacement of the existing Article 14 (1) (a) ensuring that every person shall have the right to hold opinions without interference and the right to freedom of expression.

According to reliable information elicited by the Sunday Observer under Section 5 and 6 of the draft bill has denied access to information on certain sensitive areas. Subject to the provisions of subsections (2) and (3), a request under this Act for access to official information shall be refused where the disclosure of such information would constitute an invasion of personal privacy of any person, unless the person has consented in writing to such disclosure.

The disclosure of such information would cause serious harm to the defence of the state or its territorial integrity or national security and serious danger to life or safety of any person.

Where a request for information is refused on any of the grounds referred to in Section 5, access may nevertheless be given to that part of any record or document which contains any information that is not exempted from being disclosed under that section, and which can reasonably be served from any part that contains information exempted from being disclosed.

Transparency International Sri Lanka (TISL) in their feedback made on the proposed draft has said that the sequence of the available provisions to be revisited. Access to information to precede the denial of access. TISL has mentioned the denial of the right to information on the ground of personal privacy as provided for by section 5(a) is too broad.

The TISL has commended the Government's efforts in introducing a legislature that will guarantee this right. It has also submitted their recommendation on the proposed draft bill. TISL recognised the people's right to information as an invaluable tool in fighting corruption and safeguarding principles of democracy and good governance in a country.

In September 2014, TISL has also conducted an island wide survey to assess the public's knowhow of the right to information which have yielded very interesting results.

According to the survey 95 percent of the respondents believed that they have a right to access information.

Under the section 5 (b) (3) of the draft states it is likely to be seriously prejudicial to Sri lanka's relations with any state or international organisation, where such information was given by or obtained from such state or international organisation in confidence. The TISL in its feedback says the "international organisations" too broad, needs further definition/ clarification.

According to the draft bill every person shall have a right of access to official information which is in the possession, custody or control of a public authority.

Every officer in any public authority giving a decision which affects any person in any way, shall be required on request made in that behalf by the person concerned, to disclose to that person in writing the reasons for arriving at such decision.

Under Section 7 (1) of the Act, it shall be the duty of every public authority to maintain all its records in such manner and in such form as is consistent with its operational requirements, duly catalogued and indexed.

Section 9 (1) has referred that it is the duty of the President and the Ministers to inform the public three months prior to the commencement of any work or activity relating to the initiation of any project.

According to Section 9 (2), the President or a Minister, as the case may be, shall be required on written request made in that behalf by a member of the public to make available updated information about a project referred to in subsection (1), throughout the period of its development and implementation.

TISL has proposed to include Prime Minister also into these duties assigned to President and Ministers.

Section 31 of the draft has outlined the granting of access to any information in consequence of a request made under this act shall not be taken to constitute an authorization or approval granted by a public authority or the commission, of the publication of such information by the person to whom the access was granted.

TISL in its recommendation has proposed that this should be removed from the act.

The purpose of an RTI law is to enable free flow of information from the public authorities and private entities to people who may then use them in their debates, discussions or other kinds of legal interventions. An RTI law must not place restrictions on such liberties.

Following the recommendation of TISL, the Act has also proposed to establish a Right to Information Commission which would be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

The commission would consist of Media Ministry Secretary and the members of Sri Lanka Press Institute, Organization of Professional Association (OPA), Bar Association of Sri Lanka and Media Ministry.

The Commission shall have the power to hold inquiries and require any person to appear before it and to examine such person or to require such person to produce any official information which is in that person's possession or power.

In addition to the duties and functions entrusted upon the commission, TISL has proposed to include to promote awareness of and educate the public on their right to information in partnership with relevant civil society organization, promote awareness regarding the provisions of this act and make recommendations to the Government towards complying with international norms and standards pertaining to the Right to Information.

Meanwhile, the Government will present the much awaited Right to Information Bill in Parliament by the end of this month fulfilling yet another pledge given to the people under the Government's hundred-day program, a Government spokesman told the Sunday Observer yesterday.

A special Working Committee headed by Dr.Jayampathi Wickramaratne has undertaken extensive discussions with public interest groups and relevant institutions to formulate the final draft of the promised Right to Information Bill.

The Committee is now in the process of drafting this important bill, but still it is incorporating some suggestions given by the media and other civic organisations.

The Committee comprises Secretaries of Media and Justice ministries, public officials, civil society groups and journalists. The Media, Justice and Public Administration Ministries have made collaborative efforts to introduce this bill.

The spokesman said during a number of occasions in the past, then main Opposition UNP attempted to present the Right to Information Bill and get it passed in Parliament. But all those attempts were thwarted by the former UPFA Government using their two thirds majority in Parliament.

It showed their anti-democratic attitude which deliberately opened more avenues for corruption.

He said the Government by this important piece of legislation will give all the necessary powers for the media and any member of public to find out information of any deal, transaction or decision taken by the Government so that the people will also have the right to know about it.