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Wednesday, February 22, 2023

After being shelved for 5 years, Freedom of Information Bill gets moving again

 


The government has implemented a number of key steps towards enacting the long-awaited Freedom of Information Act at the federal level, said Ramkarpal Singh.

The deputy minister in the Prime Minister’s Department (Law and Institutional Reform) revealed that the government is meeting with key stakeholders to review and finetune measures in the bill, which the Pakatan Harapan cabinet first approved in principle on July 11, 2018.

“Today, the Legal Affairs Division of the Prime Minister’s Department has organised an initiative programme to engage stakeholders (in this matter)," Ramkarpal (above) said in a statement today.

This programme on freedom of information will involve enforcement, security and defence agencies.

“The objective is to provide a field for knowledge sharing and explanation on the concept of freedom of information and its implications to policy implementation among the government agencies.

“It also aims to create a platform for discussion to get views and input on policy issues regarding the drafting of the Freedom of Information Act and to examine and identify the real need to enact it at the federal level.

“The government is also examining a proposal to establish an information commission as an independent watchdog body responsible for regulating the Freedom of Information Act, hearing appeals and ensuring compliance with this act,” he added.

Ramkarpal explained that the engagement with the enforcement, security and defence agencies will address policy questions related to the appropriateness of information sharing and the country’s readiness towards enacting the Freedom of Information Act.

“We will discuss limitations and advantages, the challenges of its implementation in Malaysia and identify if there are any contradictions between this act and the Official Secrets Act 1972 as well as other acts.

“The purpose of the proposed enactment of this Act is to ensure the rights of the people to access authentic information from the government.

“The enactment of laws related to freedom of information gives an idea that most information pertaining to the government and public bodies are in principle open to public access with the exception of certain information such as personal information and information that impacts on lawsuits, public order and national security,” he said.

Comprehensive study

The Freedom of Information Act was introduced at the state level by the Pakatan Rakyat governments in Selangor (2011) and Penang (2010).

Ramkarpal said the government had conducted engagement sessions since January 2019 involving various ministries, departments, government agencies, NGOs, civil society organisations through the Center for Independent Journalism (CIJ) and other stakeholders.

“The government needs to continue carrying out a comprehensive study and engage with various parties, taking into account all of their views so that no party is excluded.

"This study needs to consider the government's current policy as well as existing laws.

“It should also take into account the best practices of legal models in other countries and the effectiveness of the implementation of the Freedom of Information Enactment in Penang and Selangor,” he said.

He added that ultimately a proposed Freedom of Information Act will be prepared and presented to the cabinet. - Mkini

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