Independence of FOI office affected by budget woes

KINGSTON, Jamaica – Cayman Islands Information Commissioner Jennifer Dilbert said Thursday that her office’s independence has not been influenced directly.

However, she said those pulling the purse strings have exerted a certain of amount of pressure nonetheless.

“One way we do feel hampered is through the provision of resources,” Mrs. Dilbert told a group of about 50 attendees at the Jamaica Environmental Trust’s Freedom of Information conference in Kingston. “Bottom line, that’s always going to be a problem.”

The information commissioner’s annual budget has been reduced, along with most other government entities, since 2009 as the Cayman Islands has struggled through a seemingly never-ending series of budget troubles.

Mrs. Dilbert was chosen to speak on the topic of enforcement methods for Freedom of Information laws, helping to advise other Caribbean countries on best-practice methods.

Despite the budget troubles, Mrs. Dilbert said compliance with the FOI Law has been good. In 28 appeals heard before the information commissioner’s office since 2009, just one has proceeded to a judicial review challenge in the courts.

“The one judicial review we do have is with the governor’s office,” she said. “Obviously, my office must be independent because the governor is suing us.”

Pros and cons

Carter Center Senior Associate Laura Neuman, also attending the conference in Kingston this week, said that the enforcement model used for Cayman Islands FOI requests has some advantages.

Ms Neuman said the information commissioner’s office is a lot more accessible to the general public than the Grand Court, although her decisions can be challenged in court eventually if the parties involved wish. Also, Mrs. Dilbert has become an “expert” with regard to the FOI Law and open records decision-making.

“That’s her job,” Ms Neuman said.

There are some disadvantages with the information commissioner’s model as well, conference attendees heard. Sometimes hearings before such quasi-judicial bodies can be formal with “a lot of legal jargon”, Ms Neuman said.

“They can be slower because they have to go through all these procedures, and agency noncompliance is a problem,” Ms Neuman said. “Increasingly, we’re seeing agencies thumb their nose at the process and say ‘I don’t agree with you, take me to court.’”

The Cayman enforcement model depends on the public seeing the information commissioner’s office as legitimate, Ms Neuman said.

Not a problem thus far, Mrs. Dilbert said. “The public loves me,” she said.

Also, Mrs. Dilbert said her office tries to keeps its formats “user friendly” when written appeals hearings are required for open records requests.

Jamaica FOI

The Jamaican government uses a vastly different model when it comes to FOI appeals cases.

The Jamaican Information Unit Director, Damian Cox, does not decide appeals cases … although he can make recommendations to an independent appeals tribunal.

The five-person tribunal makes the call in open records cases and has subpoena powers, just like a court. According to tribunal member Dorothy Pine-McLarty, the body has heard 44 FOI appeals cases since 2005; 17 of which were dropped.

The appeals body is appointed by the governor-general of Jamaica, who consults with the leaders of the two political parties on the appointments.

Mrs. Pine-McLarty said it’s gone pretty well so far.

“We have never felt there was any conflict of interest at all,” she said.