Commissioner of Information fails to fulfill duties

Nov 19, 2016 News

-Prime Minister says, “I am not aware that he has done anything.”

By Kiana Wilburg
Since his appointment to the post of Commissioner of Information in 2013, Charles Ramson

Commissioner of Information, Charles Ramson Snr.

Snr. is yet to produce a report regarding the workings of his office and the application of the Access to Information Act.
This fact was acknowledged yesterday by Prime Minister, Moses Nagamootoo.
At the bi-weekly press conference of the Alliance For Change (AFC), the Vice Chairman was questioned on the performance of the office of the Commissioner of Information. He was also asked whether he has made moves to ascertain why Ramson is yet to produce a report as stipulated by the law.
The Prime Minister said that he intends to write the Commissioner to ascertain whether he had submitted the information necessary for the compilation of the report in the National Assembly.
“I am not aware that any report had been submitted since his appointment I think in 2013 and none has been tabled in the House,” Nagamootoo added.
The Prime Minister expects that upon receipt of his letter, which has not gone out as yet, Ramson would be able to explain himself. He said that Ramson would be given a time frame within which certain information would have to be made available to the relevant minister.
Regarding the performance of the Office of the Commissioner of Information, Nagamootoo said, “I am not aware that this office has done anything really, so being pleased is very subjective.”
The Prime Minister said the Commissioner of Information is bound by law to carry out certain functions such as receiving complaints and facilitating inquiries.
Nagamootoo also responded to comments by Ramson in the media that since his office is not being fully utilized then there really isn’t anything to report on.
The Prime Minister stressed that there is a statutory requirement for a report to be lodged in the National Assembly.
He added, “We would only know the difficulties being confronted by him if he were to submit those in writing to the house and have them subjected to the scrutiny of the House.”
While Parliament is left in the dark about the work of the Commissioner of Information, Ramson Snr. continues to draw a salary of approximately $1.2M a month.

Prime Minister, Moses Nagamootoo

According to the Act governing Ramson’s office, the responsible Minister should “as soon as practicable but not later than nine months, after the end of each year lay a report on the operation of this (Access to Information) Act in the National Assembly.”
The Act also states that the said report should include the number of requests made to the Commissioner of Information; the number of applications for judicial review of decisions and the outcome of those applications; the number of complaints made to the Commissioner of Information with respect to the operation of the Act and the nature of those complaints; the number of notices served upon the Commissioner of Information and the number of decisions by the Commissioner which were adverse to the person’s claim.
Former Prime Minister, Samuel Hinds, was the one responsible for laying such a report once received from the Commissioner. But efforts to contact him regarding why this was not done, proved futile.
Chartered Accountant, Anand Goolsarran, also did his independent checks on the Commissioner of Information and the work of his office. Goolsarran noted that the handing over of annual reports to the National Assembly is a key requirement of the law.
He said that the failure of the Commissioner’s office in this regard stymies any effort to carry out an assessment on the effectiveness of the Access to Information Act. The former Auditor General said this is a significant shortcoming in attempts to provide citizens and organisations with access to information of government programmes and activities.
Since its establishment, there have been a few requests for access to certain documents from the Commissioner of Information.
Kaieteur News understands that based on a mutual agreement with the Government, Ramson has since moved from the Ministry of the Presidency and is currently operating from his East Street residence.
Additionally, there have been accusations to the effect that Ramson has not been forthcoming when requests are made to him by members of the public.
However, Ramson is of the opinion that it is the public that is not making use of him as he has received less than 16 applications since he assumed the position.

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