Ensuring the Speedy Passage of the RTI Bill: Coalition Lauds Parliament

Parliament of Ghana

Accra, Ghana, February 3, 2019//-The Coalition on the Right to Information (RTI) Ghana, the Media Coalition on RTI and OccupyGhana (altogether the Coalition) have taken note of Parliament’s consideration of all Ninety-Two (92) clauses in the Right to Information Bill 2018.

After years of disappointment, this is certainly very good progress. The Coalition commends the effort by this Parliament to act with urgency in ensuring the speedy passage of the RTI Bill following the re-opening of Parliament just four days ago.

On Wednesday, 30 January 2019, the Technical Committee of the Coalition reviewed the amendments effected so far by Parliament and identified some clauses that may require further revising and refining to align the expected RTI Act 2019 with among others, the Constitution.

Thus, we wish to draw the attention of the Leadership and Members of Parliament to two main issues. First, amendments effected to Clause 13 are still inadequate to cure its negative effect.

Clause 13 exempts information that reveals an opinion, advice, recommendation, consultation or deliberation made to any public institution because it is likely to undermine that institution’s deliberative processes.

While the Coalition acknowledges the need to facilitate the effective functioning of the government and the State, any limits to the constitutional right to information must be narrowly constructed.

Unfortunately, the current draft of Clause 13 could be easily misconstrued to severely, if not completely, dilute the right to information. Our proposal, respectfully, is for the House to introduce a Clause 13(1)(c), to state that “such information ceases to be exempt after the deliberative process is over.”

Without that explicit provision, such information would continue to be exempt perpetually.  Else, even evaluation reports under the Public Procurement Act would be exempt information in perpetuity.

Article 21(1)(f) of the Constitution is very clear that the right to information shall be subject to “such qualifications and laws as are necessary in a democratic society.”

In our opinion, the current draft of Clause 13 does not pass or even meet that test. Second, the Technical Committee of the Coalition has considered the proposal by Mr. Frederick Opare Ansah, Member of Parliament for Suhum, for a 12-month transition and implementation period.

The Coalition believes this proposal should be considered with caution. There have been several negative experiences from African countries where a transition clause has led to non-implementation of the law.

In Ghana, the 1962 Insolvency Act (Act 153) was never brought into effect, on account of its section 78 that had provided that the Act was to “come into operation on the date that the Minister responsible for Justice may, by legislative instrument, appoint.”

That never happened until the law was repealed and replaced in 2006 by the Insolvency Act (Act 708). That is why it is important that if it is necessary to include a transitional provision, then it should be a reasonable transition period that clearly spells out what should be done and the timeframe for putting in place the necessary structures for the full and effective implementation of the law.

Notwithstanding this consideration, the RTI Bill 2018 should still be passed and become law while provision is made for specific time bound actions. This approach was recently applied in the Office of the Special Prosecutor Act 2017.

We have also taken notice of the Rt. Hon. Speaker’s ruling to have the Attorney-General present the position of the Executive on this proposed amendment by Tuesday 5, February 2019, we will be observing this with keen interest, especially when this date falls on the 9th anniversary date of the presentation of the first RTI Bill to Parliament in 2010.

The Right to Information Coalition, the Media Coalition on RTI and OccupyGhana will be requesting a meeting with the Majority and Minority Leaders, as well as the Leadership of the Joint Committee to provide more details on some of the clauses following the technical review and to impress on the House to exercise its power of a Second Consideration Stage in respect of the specific clauses as allowed under Order 130 of the Standing Orders of Parliament.

We wish to assure Ghanaians of our full commitment to the passage of a credible law.

#PassACredibleRTIBill

Commonwealth Human Rights Initiative, Africa Office (Secretariat to the RTI Coalition)

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