UniFiji calls to scrap Information Act

The Information Act should be dumped as there are provisions in Section 25 - the Bill of Rights and Section 150 of the 2013 Constitution.

This has been highlighted by University of Fiji Vice Chancellor Professor Shaista Shameem while speaking during a public consultation on the Information Amendment Bill, Accountability and Transparency Commission Bill and the Code of Conduct Bill at the Suvavou House this morning.

Professor Shameem says Section 25 refers to 'every person ' having the right of access to information held by a public office and information held by 'another person' and required for the exercise or protection of any legal right.

She says a person is defined by Section 163 of the Constitution as a ' natural or legal person including any company or association or body of persons whether corporate or unincorporated.

Professor Shameem says Section 150 states a member of public can ask for information, as long as it's official information held by government and its agencies.

She says media should make an application under Section 25 as they are not a member of the public.

The Vice Chancellor says the media has the right for information in the interest of the public.

She also says the timing for the provision of information should be defined as well so that the agencies are not fluffing around and taking years.

Consultant David Solvalu says there are timelines in the Act but they are lengthy.

He says there is a need to have robust proactive disclosures on questions frequently asked so that agencies are not bogged down with requests.

UniFiji Lecturer Sainiana Radrodro also asked on who is going to have the teeth to deal with infringement of the Code of Conduct and will it be the Accountability and Transparency Commission or the Parliamentary Privileges Committee if they are parliamentarians.

She also says the Acts should be scrapped because of the short timeframe given to make amendments.

Natalie Plumstead, also a drafter attached to the Office of the Attorney General from Australia, says the Accountability Commission has a role in how standards are upheld.

She says there seems to be a relationship between the three Bills.

The Government has started the process to implement the Information Act and to also have an Accountability and Transparency Commission and Code of Conduct which was stated in the 2013 Constitution from when it was promulgated but never established

Fiji adopted its Information Act in 2018 but the law has not really come into effect, in part because the Accountability and Transparency Commission, which serves as the oversight body for the law, has not yet been appointed.

Public consultation on the Bills concludes today but a virtual session will be held tomorrow from 10am to 1pm.

Fiji Law Reform Commission Director, Raijeli Tuivaga says following the consultation, a report will be handed to the Attorney General on the 17th of this month.

She says after this it will be made public for further comment and review and after this, it will be handed to the Parliament.