By Robert Andre Emmanuel
Attorney-at-Law, E Ann Henry, has called for a comprehensive review and strengthening of the country’s Freedom of Information Act (FOIA), citing significant weaknesses in the current legislation.
Her comments come in the wake of the appointment of Anthony Athill as the new Information Commissioner (pending full Senate approval), a position that had been vacant for over two years.
Speaking on Observer’s Big Issues, Henry highlighted several shortcomings in the Act, particularly regarding enforcement and consequences for non-compliance.
“I find that the legislation does not present the kinds of consequences that would encourage people to act in compliance with the legislation,” Henry stated.
She pointed out that the requirement to prove “wilful” obstruction could make prosecution of FOIA violations challenging.
Henry also raised questions about the accessibility of the appeals process, suggesting that the costs associated with taking matters to court could be a significant barrier for many citizens seeking information.
“Who bears the cost of getting this information, which now involves carrying a matter to court?” she asked, adding that this could be “a deterrent to access, not only information, but access to justice.”
The appointment of the Information Commissioner is mandated by the Freedom of Information Act of 2004, a key component of a series of transparency legislations introduced by the UPP government to promote open and transparent governance in Antigua and Barbuda.
Henry highlighted the pivotal role of the Information Commissioner in enhancing the effectiveness of the Freedom of Information Act.
“The Information Commissioner holds a very powerful position, and the law specifically states that he is under the control of no one,” Henry explained.
Henry noted that according to the legislation, the Commissioner’s responsibilities extend beyond merely addressing individual freedom of information requests.
The role includes ensuring that information officers in various government departments are adequately trained and resourced to fulfil their duties under the law.
The legal expert called on parliamentarians to take a more proactive approach in reviewing and improving the legislation. “We have to start to take governance seriously,” Henry urged. “At some point in Antigua, and I would like to see 2024 as our line in the sand, we have to start to take these things seriously.”
Speaking on the same programme yesterday, St John’s Rural West MP Richard Lewis, who has been seeking information about leases in relation to the Prime Minister’s son and the West Indies Oil Company (WIOC) said that the lack of an Information Commissioner for over two years has hampered his efforts.
The position had been vacant since the end of Joycelyn Palmer’s tenure in 2021.
Palmer, a retired educator, had served as Information Commissioner since her appointment in 2019, succeeding Alister Thomas, who held the position from 2012 to 2018.
“I’m really disappointed that we are not taking into consideration the nature of the request and what it is that we’re talking about—government should be answerable to the people, should be accountable, should be transparent.
“If it is that you are embarking on a transaction and there’s a question in the public domain as to how you are spending taxpayers’ money, if you are above board, you should just come with nothing to hide and give the answers to the public and we move on,” Lewis said.
Henry meanwhile emphasized the need for practical, enforceable solutions in governance, suggesting that all legislation passing through Parliament should be subject to a “governance test” to ensure it creates real, implementable solutions.
“Parliamentarians have to relook at what they are doing in Parliament in terms of setting up regimes and making sure that they are workable, and that they are committed to them,” Henry stated.
She added that this approach was crucial not only for public access to information but also for the overall management of the country’s affairs.
