St. Kitts and Nevis federal parliament passes freedom of information amendment bill News
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St. Kitts and Nevis federal parliament passes freedom of information amendment bill

The Federal Parliament of St. Kitts and Nevis on Friday voted to pass the Freedom of Information (Amendment) Bill, which introduces fundamental changes to the freedom of information framework under current legislation and will codify key improvements that will enhance the government’s operational efficiency, promote transparency in the rule of law and limit, if not eradicate, instances of oversight under the country’s current model. 

The amendment bill, according to Attorney General and Minister of Justice and Legal Affairs Garth Wilkin, introduces new mechanisms that allow for members of the public, as well as the press, to access non-confidential government information while still protecting the more sensitive areas of national security, commercial interests, and public health. Government bodies or subsidiaries thereof will be entitled to refuse to communicate information if it falls within the scope of these, and additional protected areas. 

Additionally, the amendment bill also establishes the function of the “Information Commissioner” (Commissioner), to be served by either the country’s Ombudsman or the Special Prosecutor. As defined under Part 5 of the Act, the Commissioner will be responsible for “supervising the access process, handling complaints, conducting investigations, creating policies, and reporting to the national assembly” and will be appointed for a three-year term, twice renewable. Additionally, they will not be allowed to hold another public office simultaneously. AG Wilkin explained the rationale behind the amendment, highlighting the overlapping mandates of the Ombudsman and Commissioner and the potential for budgetary efficiency:

The intention of the ministry is for the Ombudsman to also serve as the Information Commissioner because both posts have overlapping responsibilities and, for budgetary reasons, given the workload of both offices, it can be managed by one public officer.

According to AG Wilkin, the country’s current Acting Ombudsman, Reverend Bishop Cyprian Williams, is expected to take on the dual role. 

Earlier this week, the island nation’s federal Parliament also passed the Ombudsman (Amendment) Bill, which revises the remuneration and tenure of the ombudsman in light of recent developments in the country’s “good governance” framework, of which the Freedom of Information (Amendment) Bill forms a vital part. 

The Freedom of Information (Amendment) Bill had its first reading on February 22, 2024. Following its passing during the second reading, the bill is expected to be read a third time, after which it will be sent to the Governor General for his assent and published in the Gazette, where it will be referred to as an Act and come into effect as law. 

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