After more than 20 years of talk, the government has finally put a freedom-of-information bill in the public’s hands. That alone is cause for celebration.
The release of the draft is a long-overdue but important step toward greater transparency. Just as important is the decision to invite feedback before the bill goes to the House of Assembly.
The Law Reform Commission initially drafted a freedom-of-information bill in 2004.
Since then, the proposal has languished while successive governments have promised progress.
This means that Virgin Islands taxpayers have precious little recourse when it comes to accessing information about how the government is spending their money.
This neglect is most unfortunate. The United Nations has declared access to information a fundamental human right, and more than 125 countries and territories across the world now have some form of law in place designed to protect that right.
In other words, the VI is far behind.
The government, however, is right to pause long enough to share the draft bill and ask the public how it can do better.
Freedom-of-information laws work best when they are shaped by the people who will use them: journalists, civil society groups, businesses and ordinary residents trying to understand how their government operates.
Opening the draft to scrutiny gives the territory a chance to get the bill right instead of rushing through a flawed law and calling it reform.
Happily, the current draft has much to recommend it. For instance, it includes a public-interest test for certain exemptions, whistleblower protections, mandatory training for public officers, specific timelines for disclosures, and requirements for improved records management.
It rightly does not levy a fee for information requests and does not require anyone to give a reason for their query. These provisions are all reasonable measures in keeping with international best practice.
But the bill is far from perfect. It has less bite than the United Kingdom’s freedom-of-information act, and it grants the government wide leeway to say no.
Areas that should be reconsidered include broad exemptions, the lack of strong penalties for non-compliance, and a section empowering government ministers to shut down certain requests.
Similarly undesirable are the wide-ranging exemptions for the governor, who in many cases would be empowered to block information requests through a decision not subject to judicial review.
But flaws are not a reason to shelve the bill again. They are a reason to strengthen it now, while the ink is still wet and the public is being invited to weigh in.
After waiting two decades, the VI cannot afford another half-measure.
This is also a moment of opportunity for Premier Natalio “Sowande” Wheatley. Long before becoming premier, he argued publicly for transparency measures such as freedom-of-information legislation.
Since taking office, he has backed up his words with regular press conferences and a more open approach to communication than the territory has seen in years.
A strong freedom-of-information law would be the logical extension of that commitment to transparency.
But the hard part starts now.
Publishing a draft is relatively easy. Discussing it, improving it, passing it and enforcing it will test the government’s resolve.
Members of the public, who we trust are watching closely, must ensure that the job gets done right. To that end, they should start by carefully reviewing the draft bill and submitting their feedback as soon as possible.
We will do the same.