Thank you. That sounds right.
We disagree with comments by the Information Commissioner that more study of ATI reform may be needed. The ATI Act has been studied to death by many committees over two decades without producing reform, and we're concerned that reference to the standing committee could once again prove to be a graveyard for positive action.
Second, on order-making power: give the Information Commissioner the power to order the release of information. Order-making power is essential to ensure the proper functioning of the ATI Act. The information commissioners in four provinces have this power, and those systems work far better than the current federal regime. In a report to the last federal government, Justice La Forest strongly recommended this reform be considered, and the Access to Information Review Task Force of 2002 concluded that order-making power is “...the model most conducive to achieving consistent compliance and a robust culture of access.”
Third, expand the coverage of the act to all crown corporations, officers of Parliament, foundations, and organizations that spend taxpayers' money or perform public functions.
The need for this measure is obvious and has been restated for more than two decades. Some quasi-governmental bodies object to coverage with the argument that their financial and competitive interests may be put at risk, but such arguments are spurious, because the ATI Act already contains strong sections to prevent disclosures that could cause such harms.
On September 29, 1997, Conservative--then Reform--MP Myron Thompson introduced a private member's bill, Bill C-216, to include all crowns under the ATI, presumably with the approval of the then-Reform leader. It was defeated by the Liberal majority. If this action was right for the Reform Party then, and could have been made law, why not now?
Fourth, subject the exclusion of cabinet confidences to a review by the Information Commissioner. As Commissioner Reid noted of the government's proposal on this topic in the Treasury Board discussion paper, “This proposal is the status quo. That is what happens now. The government's proposal will not, in any sense, ensure that cabinet secrecy is not abused.” We agree.
Fifth, oblige public officials to create the records necessary to document their actions and decisions. It is difficult to foresee how one cannot recognize the clear benefit to the public interest and government efficiency in this long-overdue proposal. True public access to information cannot exist without an accurate record of government action and decision-making.
Just in a slight aside, I take this to be crucial. What does open government mean if you can't access the variety of information that government produces, and their discussions? In fact, what we've noticed more recently is that there's less to get. Stuff is not being written down. Minutes are not available from meetings. This is a real concern after two decades of attempting to get good open government through access to information.
Sixth, provide a general public-interest override for all exemptions, so that the public interest is put before the secrecy of government. The cornerstone and ethical yardstick of effective access legislation is a workable public-interest-paramount override, such as those found in the freedom of information and privacy acts of Ontario, British Columbia, Alberta, and others. The purpose of such a provision is to ensure that regardless of other interests that may tend to influence the decision of a public body, the final decision regarding disclosure of records is taken in the public interest.
Seventh, ensure that all exemptions from the disclosure of government information are justified, not only on the basis of the harm or injury that would result from disclosure--not blanket exemption rules.
Eighth, ensure that the disclosure requirements of the Access to Information Act cannot be circumvented by secrecy provisions in other federal acts. Justice Gomery proposed deleting section 24 of the ATI Act--which allows such circumvention--and we agree.
Finally, on whistle-blower protection: Justice Gomery proposed six ways of improving Bill C-11, the whistle-blower protection act, and FIPA endorses these amendments.
Finally, we wish the committee to know FIPA disagrees strongly with the addition of a blanket of secrecy over draft internal reports and working papers for 15 years, the proposal to keep secret predominantly all records related to investigations of wrongdoing in government, and the government's opposition to extending the reach of the ATI Act into the Prime Minister's Office and other ministers' offices.
We thank you for your attention. I and my colleague Stanley Tromp, research director of FIPA, would be pleased to answer all your questions.