"A democracy requires accountability and accountability requires transparency. As Justice Louis Brandeis wrote, 'Sunlight is said to be the best of disinfectants.' In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open government. At the heart of that commitment is the idea that accountability is in the interest of the government and the citizenry alike.
"The Freedom of Information Act should be administered with a clear presumption: in the face of doubt, openness prevails. The government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies should act promptly and in a spirit of co-operation, recognizing that such agencies are servants of the public.
"All agencies should adopt a presumption in favour of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open government. The presumption of disclosure should be applied to all decisions involving FOIA."
That's from one of the first executive orders issued by U.S. President Barack Obama on the day after his swearing-in.
Good luck. Every government loves freedom of information law when they first get the reins of power.
But don't take my word for that. Here's what this province's Progressive Conservatives said in their Blue Book in 2003: "A comprehensive and effective freedom of information act is the best safeguard against the tendency of governments to descend into official secrecy and elitism."
The problem comes with continuing the effort once freedom-of-information revelations start to sting.
That's when - as was the case with our own provincial government - governments generally come up with a bunch of reasons why the public interest is actually served by not telling them what's going on.
Right now, this province interprets its Access to Information and Privacy legislation as being so restrictive, that if you sign someone's nomination papers for a provincial election, your name must be kept confidential.
There have been steps forward, but just as often, there have been steps backwards.
Already, the view here seems to be that you look at a request to see what rules will let you deny access. That's exactly the stand the Bush administration took on FOI, and exactly what President Obama says he wants to stop.
We've even had provincial departments cite legal reasons to refuse to release information - only to have it turn out that the same information was already on their own website.
Take one recent example of where we tried to obtain documents from the provincial Department of Business.
When the department refused access, it was told its first attempt to ban access to the information could only apply in the case of a police investigation.
No problem - the Business Department promptly came up with a whole bunch of new reasons to ban access to the information. We've appealed that decision to the office of the information commissioner, where the appeal has languished for months.
And delays can be every bit as much a denial as a flat-out refusal - especially when the delays are measured in years.
Some delays are caused when branches of government that trumpet accountability simply de-cide to drag their feet. One recent request - not one of ours - was extended unnecessarily for two months.
Here's the mild-mannered reproof from the information commissioner: "The delay is unacceptable and puts this office in a difficult position. It was impossible to make an informed and fair decision without this information. ... In future, Executive Council should endeavour to effect more timely and active co-operation with this office if it wishes to operate within the spirit and intent of the (Act)."
There's a nice pat on the wrist. "Endeavour to effect." Yep, Executive Council will jump right on that, I'm sure.
Other delays seem more questionable.
It's been a year since we requested so-called "purple files," and even though the premier himself has admitted such files exist, the official answer from the government is that they don't.
A year has gone by, and the access to information commissioner hasn't even written a report on our appeal of the issue.
It will get worse.
In the next few months, the government is expected to call for a review of the act. Watch for the definitions on what can be withheld to be broadened, and watch for the timelines involved in the appeals process to stretch out even further into the future.
Words like "necessary" and "realistic" will be bandied about; the public's right to know is wonderful, as long as it's convenient to those in power.
Premier Danny Williams once joked in the House of Assembly that President Obama was taking policy advice from his administration.
Well, if Obama can live up to his commitments about Freedom of Information, it's one place where Williams and his government could learn a lesson or two.
Russell Wangersky is the editor of The Telegram. He can be reached by e-mail at rwanger@thetelegram.com.
Good intentions and the devil of self-interest
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- Published on January 24th, 2009
- Published on July 1st, 2010
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Russell Wangersky
"A democracy requires accountability and accountability requires transparency. As Justice Louis Brandeis wrote, 'Sunlight is said to be the best of disinfectants.' In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open government. At the heart of that commitment is the idea that accountability is in the interest of the government and the citizenry alike.
"The Freedom of Information Act should be administered with a clear presumption: in the face of doubt, openness prevails. The government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies should act promptly and in a spirit of co-operation, recognizing that such agencies are servants of the public.
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Comments
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- Kevin
- - July 2nd, 2010 at 13:32:54
Thank God for the media The Telegram in particular. Without you people we would only know what Williams and his jokers want us to know. Keep up the good work we need you now more than ever to help expose Danny Williams for the fake he is. Oops sorry the extremely popular fake. Wouldnt want to get his followers upset by not mentioning just how popular he is. He appears to be right up there with the Castro brothers and is very similar to them in many more ways as well.
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- Beverly
- - July 2nd, 2010 at 13:32:38
Joan Burke shows us yet again all about transparency and accountability with the recent appointment of her big financial supporter in Stephenville. Oh well why not Danny has been handing out millions to his friends and former business partners and we dont seem to get too upset over that.
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- Lloyd
- - July 2nd, 2010 at 13:31:03
Another good column, Mr. Wangersky. A comprehensive and effective freedom of information act is the best safeguard against the tendency of governments to descend into official secrecy and elitism. Well, who could argue with that statement? As we all know now, it clearly means nothing to government. Another little tidbit from 2003, Oct 08 to be exact: - A Progressive Conservative government will acknowledge that the decision in the Powley case applies to Metis in Nfld and Labrador, and will participate with the federal government and the Metis nation in negotiations to define and enforce the specific rights affirmed inthe Powley decision and other rights protected under s.35 of the Constitution. unquote Stuff that is written for election purposes pretty obviously means nothing AFTER the election. Only one mystery, and that is why do people support such governments over and over and over?
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- Douglas
- - July 2nd, 2010 at 13:27:00
The only one who could use advice from Danny Williams would be Castro. Danny has manipulation down to a science.
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- Tom
- - July 2nd, 2010 at 13:21:04
Anyone aware of Dannys involvement in the Humber Valley resort? How man millions has he invested there and had it registered to a numbered company that is hard NOT IMPOSSIBLE to trace to him.
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- Graham
- - July 2nd, 2010 at 13:19:25
My understanding is that Danny Williams x wife is administrator to the Williams trust fund where his salary as Premier is supposedly going. Perhaps we can find out exactly how much has gone to any charity and who they are. I have yet to see a report that lists any of these transactions. Norm Doyle supplied a very detailed list and accounted for every penny when he did a similar thing while he was in Federal politics. At one point Harold Druken Jr and Rex Gowdie had given more to charaties than Danny Williams. Im sure that has changed but it would be nice to know.
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- George
- - July 2nd, 2010 at 13:18:44
Danny Williams QC... That must stand for Quite Corrupt.
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- John
- - July 2nd, 2010 at 13:15:59
You wont find much fredom of speech on VOCM either Disagree with anything Bill or Randy may say and your cut off. These two are so self centred and opionated its sickening. For a talk sho host its strange how verl little Randy Simms actually knows about things happening around him. Danny and the Cabinet Ministers love talking to Simms because he just goes along with whatever they may say.
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- Beverly
- - July 2nd, 2010 at 13:13:07
John I assume you are talking about the same Bill Roe who has refered to his callers as morons and idiots because they dont see things through his scholarly rose colored glasses . As for Randy Simms hes not worth a comment at all.
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- Graham
- - July 2nd, 2010 at 13:13:04
Exellent article. The joke that is the Williams Government continues on alive and well and apparently oh so very popular. Go figure. Only in Newfoundland I suppose could a government so currupt lead by a man even more corrupt be so popular. Sometimes here in this province we are easily impressed by money and those who have it and Danny Williams has played that card to his advantage. No need to take a salary so some see that as great thing. No need to be accountable. No need to be honest. If he cant get his way he will use the power of government to legislate whatever he wants anyway. The man is like a school yard bully, always the centre of attention always has to get things his way no matter what, and his cloned sheep follow along and behave exactly as they are told as we see on a daily basis with NO CRISIS HERE Wiseman, NO MONEY HERE Kennedy and NO BRAINS HERE Burke.
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- Gerald from Labrador
- - July 2nd, 2010 at 13:12:11
Please dont ever use the words accountability and transparency in the same sentence with Danny Castro. The man has no idea what these two words mean and it shows constantly.
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- DB
- - July 2nd, 2010 at 13:11:22
Graham, as far as I know Danny does draw a salary but it's donated to charities. You can be sure he claiming those donations on his tax returns.
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- W
- - July 2nd, 2010 at 13:10:39
I It's been a year since we requested so-called purple files, and even though the premier himself has admitted such files exist, the official answer from the government is that they don't. /I Is that 'Kafkaesque', 'Stalinesque', or 'Orwellian'?
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- Kevin
- - July 1st, 2010 at 20:21:56
Thank God for the media The Telegram in particular. Without you people we would only know what Williams and his jokers want us to know. Keep up the good work we need you now more than ever to help expose Danny Williams for the fake he is. Oops sorry the extremely popular fake. Wouldnt want to get his followers upset by not mentioning just how popular he is. He appears to be right up there with the Castro brothers and is very similar to them in many more ways as well.
-
- Beverly
- - July 1st, 2010 at 20:21:32
Joan Burke shows us yet again all about transparency and accountability with the recent appointment of her big financial supporter in Stephenville. Oh well why not Danny has been handing out millions to his friends and former business partners and we dont seem to get too upset over that.
-
- Lloyd
- - July 1st, 2010 at 20:19:19
Another good column, Mr. Wangersky. A comprehensive and effective freedom of information act is the best safeguard against the tendency of governments to descend into official secrecy and elitism. Well, who could argue with that statement? As we all know now, it clearly means nothing to government. Another little tidbit from 2003, Oct 08 to be exact: - A Progressive Conservative government will acknowledge that the decision in the Powley case applies to Metis in Nfld and Labrador, and will participate with the federal government and the Metis nation in negotiations to define and enforce the specific rights affirmed inthe Powley decision and other rights protected under s.35 of the Constitution. unquote Stuff that is written for election purposes pretty obviously means nothing AFTER the election. Only one mystery, and that is why do people support such governments over and over and over?
-
- Douglas
- - July 1st, 2010 at 20:14:18
The only one who could use advice from Danny Williams would be Castro. Danny has manipulation down to a science.
-
- Tom
- - July 1st, 2010 at 20:04:17
Anyone aware of Dannys involvement in the Humber Valley resort? How man millions has he invested there and had it registered to a numbered company that is hard NOT IMPOSSIBLE to trace to him.
-
- Graham
- - July 1st, 2010 at 20:01:24
My understanding is that Danny Williams x wife is administrator to the Williams trust fund where his salary as Premier is supposedly going. Perhaps we can find out exactly how much has gone to any charity and who they are. I have yet to see a report that lists any of these transactions. Norm Doyle supplied a very detailed list and accounted for every penny when he did a similar thing while he was in Federal politics. At one point Harold Druken Jr and Rex Gowdie had given more to charaties than Danny Williams. Im sure that has changed but it would be nice to know.
-
- George
- - July 1st, 2010 at 20:00:20
Danny Williams QC... That must stand for Quite Corrupt.
-
- John
- - July 1st, 2010 at 19:55:45
You wont find much fredom of speech on VOCM either Disagree with anything Bill or Randy may say and your cut off. These two are so self centred and opionated its sickening. For a talk sho host its strange how verl little Randy Simms actually knows about things happening around him. Danny and the Cabinet Ministers love talking to Simms because he just goes along with whatever they may say.
-
- Beverly
- - July 1st, 2010 at 19:50:54
John I assume you are talking about the same Bill Roe who has refered to his callers as morons and idiots because they dont see things through his scholarly rose colored glasses . As for Randy Simms hes not worth a comment at all.
-
- Graham
- - July 1st, 2010 at 19:50:48
Exellent article. The joke that is the Williams Government continues on alive and well and apparently oh so very popular. Go figure. Only in Newfoundland I suppose could a government so currupt lead by a man even more corrupt be so popular. Sometimes here in this province we are easily impressed by money and those who have it and Danny Williams has played that card to his advantage. No need to take a salary so some see that as great thing. No need to be accountable. No need to be honest. If he cant get his way he will use the power of government to legislate whatever he wants anyway. The man is like a school yard bully, always the centre of attention always has to get things his way no matter what, and his cloned sheep follow along and behave exactly as they are told as we see on a daily basis with NO CRISIS HERE Wiseman, NO MONEY HERE Kennedy and NO BRAINS HERE Burke.
-
- Gerald from Labrador
- - July 1st, 2010 at 19:49:15
Please dont ever use the words accountability and transparency in the same sentence with Danny Castro. The man has no idea what these two words mean and it shows constantly.
-
- DB
- - July 1st, 2010 at 19:47:48
Graham, as far as I know Danny does draw a salary but it's donated to charities. You can be sure he claiming those donations on his tax returns.
-
- W
- - July 1st, 2010 at 19:46:48
I It's been a year since we requested so-called purple files, and even though the premier himself has admitted such files exist, the official answer from the government is that they don't. /I Is that 'Kafkaesque', 'Stalinesque', or 'Orwellian'?
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