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NLIS 9
December 4, 2000
(Executive Council)

 

The following statement was issued today by Beaton Tulk, Premier. It was also read in the House of Assembly:

Mr. Speaker, some people say this is a secretive government. Some people say this government hides information. Some say this government is not operating in a transparent manner. Mr. Speaker, I am rising in the House today to say this is not true.

A good judge of a government�s openness is the way it treats information requested under its Freedom of Information legislation. People may not realize that the Government of Newfoundland and Labrador was a pioneer in providing access to government information in the early 1980s when it introduced the Freedom of Information Act. This Act places very few limits on the release of information other than those needed to protect private citizens, the integrity of legal matters, the competitive position of private companies and confidential Cabinet material.

From December 1, 1999 to November 1, 2000, 225 freedom of information requests were received by the province. In about 70 per cent of those cases, applicants were provided with the information they requested. In about 20 per cent of those cases, the information requested did not exist, was subject to referrals to third parties or was withdrawn. Information was denied in about 10 per cent of all cases.

Where information was denied in accordance with the Act it was because the information requested had implications relating to the competitive position of companies; involved legal investigations; related to matters under federal-provincial negotiations; dealt with consultations among ministers and between ministers and Executive Council; or was under consideration by Cabinet.

Mr. Speaker, this Government is confident that the Act is working well, but we also acknowledge that there have been no major changes to the Act since it was enacted in 1981. While the Act was considered a pioneering piece of legislation at the time, in the past 20 years there have been major changes in the way we manage information, and even the creation of new forms of communication like e-mail and voice mail. These types of communication were not even contemplated when the Act was passed.

This government has no intention of hiding behind legislation. We are committed to an open, transparent process in the development and implementation of public policy. And we want to ensure our legislation remains clear and relevant in this new age of information.

Mr. Speaker, that is why I am announcing today that government will undertake a review of the Act and our approach to its implementation. I have asked the Minister of Justice to consider how the review should be undertaken including the possible structure, mandate and timing of a review. As a particular priority of the review, I am asking that options for an appeal process be considered as well as the appropriateness of the fee structures under the Act. I have instructed the minister to report back before the House closes so that the review can commence before the new year.

2000 12 04 2:30 p.m.


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