The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

CABINET has not decided on which government ministry will have oversight of the Freedom of Information Act, according to Attorney General Carl Bethel, who confirmed yesterday that legislated protections for whistle-blowers have not been enacted yet.

Mr Bethel told The Tribune once a ministerial portfolio has been designated, the relevant minister will set a timeline for the lengthy implementation track.

Part one and sections of part five and eight of the legislation were enacted on April 21, bringing the legislation into force allowing for the appointment of an information commissioner and repealing the 2012 Freedom of Information Act (FOIA).

The information commissioner post is appointed by the governor general at the recommendation of the prime minister.

According to the Act, the prime minister makes the recommendation after consultation with the leader of the Official Opposition.

As for whistle-blowers, the Act states: “No person may be subject to any legal, administrative or employment related sanction, regardless of any breach of a legal or employment related obligation, for releasing information on wrongdoing, or that which would disclose a serious threat to health, safety or the environment, as long as he acted in good faith and in the reasonable belief that the information was substantially true and disclosed evidence of wrong-doing or a serious threat to health, safety or the environment.”

Wrongdoing was said to include, but is not limited to: commission of a criminal offence; failure to comply with legal obligation; miscarriage of justice; or corruption, dishonest, or serious maladministration.

The act specifies between “minister,” which refers to the minister with responsibility for government information, and “responsible minister,” which is used in relation to a public authority, and refers to the government minister who has ministerial responsibility for the public authority that holds the record.

Under the previous administration, responsibility for the act was vested in the Ministry of Education Science and Technology, under then Minister of Education Jerome Fitzgerald.

Last month a collective of 20 civil society organisations issued a statement calling for the government to consider recommendations for revisions but ultimately move ahead with full enactment.

The CSO collective includes Citizens for a Better Bahamas, Our Carmichael, The Organisation for Responsible Governance, We The People, Save The Bays, The Abaco Chamber of Commerce, The Nassau Institute, reEarth, HeadKnowles Foundation, Grand Bahama Human Rights Association, Waterkeepers Bahamas, The Bahamas Press Club, The Bahamas Chamber of Commerce and Employers’ Confederation, It’s Our Turn, Young Marine Explorers, Civil Society Bahamas, The Bahamas Retailers Federation, The Coalition to Save Clifton, Rise Bahamas, Citizens for Justice and BREEF.