Chief Justice Asoka Silva said it was the right of the public to have information with regard to decisions, actions and policy of public authorities and this was vital to ensure the transparency and accountability of all authorities.
The Chief Justice made these comments at the launch of the “Justice” magazine at the Ministry of Justice and Law Reforms on Tuesday.
Excerpts of his speech.
“It is pertinent to note the right the public has to have information with regard to decisions, actions and policy of public authorities. This is vital to ensure the transparency and accountability of all authorities. Transparency and openness in public decision-making will minimize the opportunity of other allegations such as bribery and corruption. Civil society and media organizations have laboured for several years for the enactment of the Freedom of Information Act.
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| From right: Speaker W.J.M Lokubandara, CJ Asoka Silva, Minister of Justice and Law Reform Milinda Moragoda and Attorney General Mohan Peiris at the launch of the “Justice” magazine. |
“In 2001 the Law Commission put forward a proposal for the enactment of freedom of information law. In 2003 Cabinet approved the draft. Yet the law was never passed by the Parliament. In 2005 once again the Law Commission began work on a different draft bill, it is still in limbo.
“According to that draft, of course people were entitled to the right of access to official information which is in possession, custody, and control of public authorities. This is the main principle on which the law is drafted.
“According to this draft there is an obligation on the part of the Ministry to ensure that official information is freely and readily available. The law also directed that the Minister should publish a document or a report giving all information relating to his or her subject. Additionally the Minister had a duty to inform the public of any new projects that are to be undertaken by his Ministry. These provisions are really an attempt to give official information to the public.
“The draft also envisaged a system of appointing Information Officers to each Ministry. It also contemplates an institution called Freedom of Information Commission for purpose of appeal of the public in case these requests are turned down.“These were progressive steps contemplated by the new legislation. Unless citizens are vigilant and avail themselves of the right to access official information the law will have little impact (subject to official secrets of course).
“In the Galle Face Case the Supreme Court interpreted the Constitutional right of free speech, expression and publication to include the right to information. “Although there is no explicit right to information in the Constitution, Article 14 was given an expanded interpretation.
“In the absence of any compelling law to adhere to, the action taken by the Minister in reserving the magazine and giving at least limited information about the Ministry and it’s policy matters is laudable. |
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