The Tribune

INFORMATION Commissioner Keith Thompson blasted opposition leader Michael Pintard for making “futile” requests under the Freedom of Information Act, adding the law has not as yet been fully enacted.

Mr Thompson addressed Mr Pintard in a letter dated February 24, of which The Tribune has obtained a copy in regard to the access to information through the Freedom of Information Act (FOIA). Mr Thompson, who referred to a letter Mr Pintard wrote on February 22, said the Marco City MP was requesting action that was not a part of the sections enacted in the FOIA.

In the letter Mr Thompson stressed he is not a “political animal”, adding he will not be drawn into the political arena.

Mr Thompson said he hoped Mr Pintard would now have a “clear” understanding of how the government works, noting the commissioner functions only on the sections that are presently enforced under the law.

He pointed out that only Sections 30, 32, 33, 34, 36, 37, and 38 and 47 of FOIA have been enacted.

These sections include the basic structure of the Act such as its commencement and interpretation.

Mr Thompson claimed Mr Pintard had made a request under Section 5, which relates to the duties of the information commissioner. However, due to the law not being fully implemented Mr Thompson stressed he is not empowered to do certain actions.

He suggested Mr Pintard lacked clarity on how the Act works, adding that the commissioner can only function on the sections which have been enforced.

“There are only two statutory instruments which have (been) brought into force, Sections: 30, 32, 33, 34, 36,37 and 38 and 47 of the Act. The other sections are yet to be brought into force therefore, your reliance on Section 5 futile at this point,” Mr Thompson wrote.

“In your penultimate paragraph, you seem to be requesting action from the Freedom of Information commissioner which he is obviously not empowered to do,” Mr Thompson said.

Mr Thompson said in his “humble” opinion Mr Pintard should be making his request to the legislature.

He continued: “I repeat yet again, honourable leader of the opposition, that I am not a political animal and will not be drawn into the political arena.”

Meanwhile, Mr Thompson mentioned previous issues with Mr Pintard when the opposition leader admitted he misspoke when he said he had written the information commissioner but did not receive a response.

During an FNM meeting, Mr Pintard said the opposition, through the Public Accounts Committee, will call the permanent secretaries and heads of public corporations to answer questions raised by the Bahamian people. He claimed Mr Thompson was one of the officials the PAC had written for information.

On February 9, Mr Pintard admitted to a local daily that he did not send a letter to Mr Thompson.

“I am prepared to concede that the intention was to send to him, but in hindsight he would have been the wrong person actually to have written to for assistance in getting any information, so yes, I do concede the point, but all of the other persons mentioned, all permanent secretaries were written to, and we have a copy of all the correspondence,” Mr Pintard said.

“We did raise it through the PAC and the clerk wrote all of them.”

In the same local daily on February 9, Mr Thompson responded.

“If Mr Pintard is in the House, and he was in the House before the last election, he would know what part of the Act is in force. The entire Act is not in force. The sections that are in force are to provide me with the ability to set this system up, which we are doing and we are making great progress.

“Right now, we are finalising the actual system. I take offence to Mr Pintard publishing that he wrote the commissioner. He never did that.”