CONTRARY TO LAW: Davis says he was not consulted about FOI commissioner pick as mandated

CONTRARY TO LAW: Davis says he was not consulted about FOI commissioner pick as mandated
Philip Brave Davis.

NASSAU, BAHAMAS — The government did not consult the official opposition when it chose and appointed the new Freedom of Information (FOI) commissioner, according to Opposition Leader Philip Brave Davis.

On Sunday, Attorney General Carl Bethel named retired Supreme Court Justice Keith Thompson and former Assistant Director of Legal Affairs (ADLA) Shane Miller as the first freedom of information commissioner and deputy freedom of information commissioner, respectively.

The announcement is a major step towards enforcement of the Freedom of Information Act, which successive governments have tried to implement.

The legislation provides for the governor general, upon the recommendation of the prime minister and after consultation with the leader of the opposition, to appoint an information commissioner who would serve for a period of five years and may be granted an extension for another five years.

Despite the historical moment, Davis said the announcement caught him off guard.

“I was totally surprised by the announcement and that surprise is rooted in the fact [that] no lawful appointment of the commissioner of information could have been made without consultation with me…,” he said.

“I was not consulted on that appointment.”

Davis noted that the appointment of the deputy commissioner also seemed “simultaneous”.

“We don’t know who made that recommendation,” he said.

“So, as far as I can say, the whole process was contrary to law. The appointment was contrary to law because I have not been consulted and I am concerned about the fact that a deputy commissioner was appointed and that appointment was to be made by the commissioner.”

Davis also expressed concern about the independence of the commissioner named, due to what he said is his ties with the Free National Movement (FNM).

“I’m concerned about the capacity of these persons because the qualifications include having some familiarity with accessing information and I don’t know that either of these persons have any of those qualifications,” he said.

“And again, the independence of the person they deem to be the commissioner is questionable, in my opinion.”

Attorney General Carl Bethel. (FILE PHOTO)

During an announcement of the appointments at the Office of the Attorney General, Bethel said: “Both individuals have an extensive background in law, the public service and administration and are eminently suited and qualified and will bring the benefit of their experiences to the forefront in this new, exciting venture.”

The FOI office was officially opened this week, but will not be immediately providing service to the public.

The attorney general has advised that for the next three to six months, the team will be “planning and strategizing” for the implementation and rollout of the FOI Act.

Through a collaboration with the Inter-American Development Bank (IDB) and the Department of Transformation and Digitization, the government will engage a 90-day consultant to provide the requisite technical advice to the information commissioner on best practices in freedom and access to information.

According to Bethel, advertisements for a consultant with the requisite expertise were posted both locally and internationally over the past five weeks and there have been 10 applicants to date.

A Freedom of Information Bill was passed under the last Ingraham administration but was never brought into force.

Months ahead of the 2017 General Election, the Christie administration passed a revised version of the FOI Act.

The whistleblower provision of the act was implemented in December 2017.

The act seeks to grant the citizenry a general right of access to records held by the government, subject to certain exemptions, including sensitive security, governmental and commercial information.

About Sloan Smith

Sloan Smith is a senior digital reporter at Eyewitness News, covering a diverse range of beats, from politics and crime to environment and human interest. In 2018, Sloan received a nomination for the “Leslie Higgs Feature Writer of The Year Award” from The Bahamas Press Club for her work with Eyewitness News.

1 comments

First i want to thank this government for keeping the country stable, i commend you Mr. Prime Minister for your leadership. i have a concern why it took you and team almost five years to complete the to complete and implement this important white paper Freedom of information act? secondly when will the Term Limits will be implemented? i look for a respond sir thank you in advance God bless.

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