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Cabinet office agrees to give citizens access to information in its possession
View(s):In keeping with the directives issued by the Right to Information Commission with regard to obtaining Cabinet decisions and related documents under the Right to Information Act, the Office of the Cabinet of Ministers decided to issue relevant information in its custody to the public with the consent of relevant ministry secretaries.
The new arrangement is a temporary measure until a decision is taken on the order issued by the RTI Commission directing the office to release Cabinet memoranda, decisions and related documents submitted to the Ministers.
The office also sought the views of the Attorney General on the procedure to be followed for the issuance of such information directly to the citizens by relevant ministries and offices, according to a memo sent to the RTI Commission by Cabinet Secretary W.M. D. J. Fernando detailing steps taken by the office.
Issuing a directive on a February 8 appeal submitted by the All Island Administrative Officers’ Union against the Office of the Cabinet of Ministers over accessing Cabinet decisions and related information, the Commission drew reference to an interim order issued earlier that held ‘the Çabinet of Ministers’ is a ‘Public Authority’, therefore the institutions are subjected to provisions of the RTI Act No 12 of 2016.
Accordingly, the Cabinet of Ministers authorised the Secretary to the President, the Secretary to the Prime Minister, Secretaries to Cabinet Ministries and Secretaries to Non-Cabinet Ministries for the issuance of Cabinet decisions and related information on Cabinet memoranda submitted by their respective institutions to the citizens in terms of the RTI Act, subjected to grounds of refusal specified at a Cabinet meeting held on March 14.
Since it has been interpreted that the Office of the Cabinet of Ministers is also a Public Authority under the Constitution in a final determination by the Commission in a previous Final Order, “the Office is obligated to issue Memoranda, decisions and related information in its custody to the citizens.” The Commission said the office cannot relieve itself from the said responsibility by decisions taken deviating from the RTI provisions.
Considering the latest intervention by the RTI Commission, the Cabinet of Ministers decided to review the present procedure when it comes to issuing information to the public under the RTI Act adopted on February 26, 2019, since some of those documents submitted to the Cabinet are confidential information and access is restricted as per Section 29 of the Act.
The Office of the Cabinet of Ministers also stressed that a large volume of information such as Cabinet memoranda and reports submitted by various ministries and related decisions are in the custody of the Office and access to certain information to the citizens could be subjected to the grounds of refusal in terms of Section 5 (1) of the Act.
The office added that expertise in determining more precisely on confidential grounds in releasing information rests with relevant officials of the state institutions that submitted to the Cabinet of Ministers than the Office of the Cabinet of Ministers, the memo indicated.
The office of the Cabinet of Ministers also suggested introducing suitable amendments to the RTI Act or introducing any other alternative procedure in giving the public access to Cabinet documents in the future.
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