Access to Information Act, 2002

Abstract

This document is an address to Parliament delivered on May 28, 2002, by the Prime Minister of Jamaica, the Rt. Hon. P.J. Patterson, Q.C., M.P., regarding the Access to Information Act, 2002. The document highlights the Background and Development of the Act, namely: • Initiation (1991): Pursuant to a Cabinet decision on April 15, 1991, a committee chaired by Contractor General Mr. Gordon Wells, C.D., was appointed to recommend legislation on interception of communication, freedom of information, and data protection. • Wells Report & Consultations: Following the final report titled "Freedom of Information: A Door to Open Government" in June 1996, drafting instructions were issued. Extensive consultations took place over two years. • Parliamentary Process (2001–2002): The bill was tabled in December 2001 and referred to a Joint Select Committee. After hearing submissions from over 20 civil society groups, legal associations, public bodies, and international experts, the committee recommended around 60 amendments and deletions in March 2002. Further, the document notes the three fundamental principles of constitutional democracy on which the Act is built, namely: accountability, transparency, and public participation. In this regard the document summarizes: • Access Rights: Grants a legally enforceable right of access to official documentary information held by central government, local government, agencies, and designated public bodies. • Publication Duty: Requires government agencies to make operational rules and practices publicly available. • Exclusions: Excludes the office of the Governor-General, non-administrative judicial functions, and strategic/operational security intelligence, with mechanisms to extend exclusions subject to Parliamentary approval.