The Tribune

By JADE RUSSELL 

Tribune Staff Reporter 

jrussell@tribunemedia.net

BAR Association President Khalil Parker lambasted the government’s delay in fully implementing the Freedom of Information Act (FOIA), calling it an “unreasonable” and “unconstitutional” interference with the public’s right to transparency.

During his address at the opening of the 2025 legal year, Mr Parker emphasised the public’s entitlement to integrity, transparency, and accountability from those responsible for the administration of justice and public affairs.

The FOIA, passed in 2017, is intended to provide the public access to government records and promote transparency, accountability, and public participation in decision-making. However, successive governments have failed to fully enforce the Act.

In January 2024, Prime Minister Mr Philip “Brave” Davis said that implementing the FOIA is not a top priority, though he was committed to enacting it during this term. He said addressing the needs of struggling Bahamians is a more pressing issue.

“While the Freedom of Information Act has yet to be brought into full force and effect, I must emphasise that the public has an inherent right to access to the information to which access is intended to be facilitated under the Act,” Mr Parker said. “Every day that full implementation of the Act is delayed is an unreasonable and unconstitutional interference with that fundamental right. While successive administrations have acknowledged this fundamental right, the government has yet to

discharge its obligation to vindicate that right, which remains a priority for the association.”

“We applaud the government’s recognition of the need for transparent, effective, and accessible public integrity legislation. Integrity cannot co-exist with impunity, and the exercise of the power of the state without the accountability and transparency to which the populace is entitled is tyranny, no matter how seemingly docile or indolent.”

Attorney General Mr Ryan Pinder said officials are working on a pilot plan in select ministries, along with training sessions to appropriately respond to information requests.

The last Ingraham administration passed the FOIA shortly before the 2012 general election, but did not set an enactment date. The Christie administration overhauled the legislation, but never implemented its provisions.

In May 2021, the Minnis administration appointed Keith Thompson as the first Freedom of Information Commissioner, with Mr Shane Miller, a retired assistant director of legal affairs, as deputy.