Your right to know

Monday 21st March 2011, 3:00PM GMT.

Privileges chairman Juliette Gallichan

MORE than ten years after the issue was first raised, Islanders are within just a few steps of having access to a Freedom of Information Law.

The draft document has been lodged with the States and will be debated later this year.

If approved, it will bring a close to more than a decade of work and campaigning by politicians and the media.

The law is intended to replace Jersey’s code of practice on freedom of information and give the public the legal right to obtain information from all States departments and authorities.

Several politicians have been involved in drafting the law, versions of which are in place in more than 50 countries, since the Privileges and Procedures Committee was first asked to look into it in 2003.

Its current chairman, Juliette Gallichan, the Constable of St Mary, said that she was satisfied to have finally lodged the draft paper.


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  1. 1
    Real Truthseeker

    Sounds good – as long as it is within reason. Some requirements must be kept confidential for many reasons (potential to slander, or for national security). As with all FOI it isn’t carte blanche, and nor should this be.

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  2. 2
    small business

    Will this entitle questions to be asked & answers given relating to how many recipients of social security/welfare/benefits there are & how long they have been in the Island in response to Ben Shentons concerns last week.

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  3. 3
    Slawek

    Not that I am moaning that Freedom of Information Law is a bad idea.. but once the bill is passed we will see more an more tasks and responsibilities subcontracted to ‘independent’ private sector, to prevent revealing embarrassing facts and arrangements.

    That’s how ‘things’ are done elsewhere, unfortunately…

    Nevertheless it is far more better to have Freedom of Information Law passed than not.

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  4. 4
    donald pond

    Has there ever been a person so out of their depth as Constable Gallichan? What is the point of Freedom of Information if the electoral system has been rigged by those in charge to avoid anyone being held to account?

    We need far fewer States members, a greater proportion of senators and only senators in ministerial positions. What point is there in finding out that Education or Health are hopelessly organised unless you live in St Ouen or Trinity and have the chance to vote against the ministers? How can we get rid of this incompetent? Oh, we can’t, unless we live in St Mary. What a farce.

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  5. 5
    Sam de St Pierre

    Well, let’s hope that the law will succeed where the code of practice has done nothing – e.g. just how long did it take to obtain details of GCSE results, and this was not released voluntarily. Many politicians, and others, were fobbed off for years which has always been standard practice in Jersey. Will things change in the future or will it be a case of “national security”. This is Jersey, so I won’t be holding my breath.

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  6. 6
    small money

    glad to hear it, only ten years in the making.
    there could be hope for some good employment legislation by 2021.

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  7. 7
    truthseeker

    what a testimony to the dark side and the feet dragging that we have not had this in place all these years…hope people really learn from this…Honesty and openness will not bite you unless you’re up to no good.

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  8. 8
    Zoro

    1. National security….heee heee hee your’e having a Giraffe aren’t you……..heee hee

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  9. 9
    davey West

    In the hard copy, it says that there are some politicians apposed to the Freedom of Information law being passed. This begs some very strong and serious questions as to why they would not want this passed, which obviously brings more accountability to Government and its departments.

    The article also goes on to say the red herring of, “Jersey cannot afford it financially” will be used as the main argument to try and side track the propsed new law.

    Yep a million for the opera house, almost £300,000 for a quango boss and £500 million in the reserve account.That is that execuse blasted.

    Voters watch out for those that argue against this essential law, and e-mail or phone the politicians concerned and ask them the real reason. Then vote them out in a few months time.

    Davey West.

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  10. 10
    Pip Clement

    National security?
    That will be not giving away the position of the submersible nuclear canoes that we maintain in the Plemont trench to deter the Guernsey Empire.
    If ever they use the unsinkable carrier known as Sark to launch a gull borne biological attack against our cows and spuds and cripple the holiday and finance industry by droppings attacks we will strike back with waves of cormorants loaded with sand eel based sh!t! :-)

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  11. 11
    Leah Holmes

    Well it’s certainly proven beneficial for Scotland to find out what conspiring went on at Westminster. I won’t hold my breath, but here’s hoping it at least puts to rest some issues in Jersey.

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  12. 12
    donald pond

    “This begs some very strong and serious questions as to why they would not want this passed, which obviously brings more accountability to Government and its departments.”

    I can think of several reasons. Top of the list would be the waste of time it is. If the civil service are required to respond to every request for information then it will take a lot of manpower. It’s really a question of whether you want every department to have a sub-department engaged in “PR” or not. Frankly, I’d sooner pay less tax and dump freedom of information, rather than pay for an army of civil servants to try to spin information that most people misinterpret and that has no long term effect other than making the job of a civil servant less attractive and thus higher remunerated and thus taxes go up still further…

    Why not resign yourself to accepting that the States is fairly hopeless and always will be and its not worth paying a lot more to have the detail of all the elementary errors they make?

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  13. 13
    trinity hero

    How is this progress?

    It used to be “vote for idiots, get idiots, forget about it”.

    Now it is “only get to vote for half the idiots, get idiots, get constantly told how idiotic the idiots you didn’t vote for are”.

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  14. 14
    Davey West

    donald pond @12 you said.

    I’d sooner pay less tax and dump freedom of information, rather than pay for an army of civil servants to try to spin information.

    Have you not noticed there are two ways to obscure correct information? The first is to try and hide it, ( education exam results, the hospital success, failure rates, operation blast story of the second man, detailed expense accounts in the public sector etc ) the second way is to spin it which is why the CM office employs spin doctors so the islanders are paying for spin already. States members have no problem talking to the public come election time, so why a PR department now ?

    If you really think about it ! if the Government were honest and open and transparent this law would not be needed. In fact a fortune would be saved, because department heads and managers would be far more accountable, hence better more efficient business practice would prevail. I suggest that the UK MP scandal, shines as an example as they are now clearly concerned with the public knowing about their expense accounts after many of them were not re-elected and in some cases bankrupted and jailed all because the correct information was released.

    Keep your head stuck in the sand if you wish and close the Internet information highway down, all that objective information. Then as a taxpayer get ripped off.

    I am a true supporter of open Government exposing the truth warts and all, the only people who are not supportive, must have some pretty dark secrets and want to play the game. Which game ? work it out for your self.

    Davey West.

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  15. 15
    truthseeker

    @12 Donald pond…we are already funding an army of civil servants doing Jack .now….It can nearly ALL be web based….so the States website would have the Freedom of info map and refs…not hard to do at all…yes there would be specifics that were handled manually….The freedom of information is so important if we are to rebuild democracy….the dark side of secrecy was with us long before Haut De La Garrene,in Govt,police..civil service Freemasons.on and on.Good people have been assasinated for wanting truth…John F.Kennedy said “The very word ‘Secrecy’is repugnant in a Free and open society;and we are as a people inherently and historically opposed to secret societies,to secret oaths,and to secret proceedings”..The truth sets us free folks and it is out there and we deserve access to it,….btw…Davey West….your posts are fab..more like you and this place would be like it used to be….Roll on election time.

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  16. 16
    donald pond

    Davey,
    I don’t want to close the internet down, but I have got a lot of experience in a lot of issues related to this. And Freedom of Information, unless very carefully handled, is more hassle than it is worth. History has shown people use it to ask complicated questions of different government departments and then, if there is any difference in the response, they shout that there is a cover-up, or a lack of communication etc. So immediately government employs someone (or a whole body of people) to simply co-ordinate cross department responses to FOI requests. A couple of senior people there is eight or nine fewer nurses.

    Then, given this is Jersey, States members will use requests to attack individual civil servants. Who will then take 6 months off sick and be pensioned off. And because they left in strange and uncertain circumstances, their replacements will demand a higher salary. But they won’t last long anyway and the cycle repeats itself. What’s the costs across the States in the last year or so from Harper, Power, Warcup, Pollard, Green, Ogley, Gellar and others all leaving earlier than anticipated? I’d be surprised if, with recruitment costs and the ancillary expenses it was less than a million.

    And look at the calibre of questions asked in the States. The only information of any interest that has come out recently was extracted by John Mills, an experienced civil servant who knows the rules.

    I’m just saying that Freedom of Information comes at a cost and the benefits may be minimal, because the media and the politicians don’t have the brains or the courage to exploit it to the full. Yes, we may find out who decides what brand of Cola goes in the States fridge. But as ever, those who think of oxen will find themselves dreaming of oxen. The truth only sets you free if you have the wherewithal to understand it.

    The Island is full of people who mistake opinions for facts and facts for lies. At least 80% of the States chamber fits into that catagory. Until you have people of intelligence governing us, an FOI Law will just fuel the half-baked conspiracies of the half-witted majority. Watch the dogs run faster and faster, chasing their tails as they go!

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  17. 17
    Andy

    It doesnt get enforced in the UK; very often they hide behind all sorts of get outs normally excessive cost to respond.

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  18. 18
    truthseeker

    Donal Pond your last post is patronizing B/S.and you know it…the Freedom of information law’s greatest asset is that it is a deterrent, like robust and straight politicians can be. though rare, the late Norman Le Brocq’s known stance on life acted as a deterrent to other politicians who many times must have thought.”No I won’t try that ,Norman would only shoot it down…these are the only behind the scenes machinations that actually benefit good government and the people,Elliot Ness of the Untouchables value was that he could not be bought off or paid off…and that really is the only true line in the sand. and we desperately need a few good men..and soon.I hope they come out for the next election.

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  19. 19
    Blind Pugh

    “Islanders are within a few steps of having access”

    Exchange Steps for Hurdles and you will be right.

    These steps by any chance include our council of ministers? then it will be a very long wait…

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  20. 20
    donald pond

    “we desperately need a few good men..and soon.I hope they come out for the next election.”

    For 40 grand a year to get a load of personal abuse and no prospect of changing anything due to the inertia of the establishment, anti-establishment, civil service and unions (collectively known as the Real Establishment). No, the candidates won’t be good men, they’ll be the same mixtures of losers and oddballs that have contested elections since we started paying the lunatics to run the asylum.

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  21. 21
    Pip Clement

    “No, the candidates won’t be good men, they’ll be the same mixtures of losers and oddballs that have contested elections since we started paying the lunatics to run the asylum.”

    We had the same bunch of ijits under the unpaid system. But there was no control of directorships so they regulated the banks, construction companies, etc one day for free and then picked up their director’s fees from the companies they regulated on the next day.
    It was great :-(

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  22. 22
    donald pond

    Pip,
    “We had the same bunch of ijits under the unpaid system”
    Well, in my world if spending over £2m extra a year doesn’t improve the service you stop the funding.

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  23. 23
    Pip Clement

    “Well, in my world if spending over £2m extra a year doesn’t improve the service you stop the funding.”

    You might find that stopping the funding would result in no candidates at all for the post of constable or deputy in some parishes.
    The parish system is on the brink of collapse, a couple of good shoves like this could be what sends it over the edge.
    My guess is that almost the same gang will emerge from the rubble.
    My world and yours is not politics! :-(

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