AG explains RTI

Accra, June 24, GNA - The realization of the importance of the right to information and the desire to ensure that there is transparency in governance, constitute the foundation for empowering the citizenry to contribute to good governance and rapid development and progress of the country.

However, the Right to Information (RTI) needs to be qualified in accordance with the 1992 Constitution.

This is part of the Memorandum to the Bill by Mr. Joe Ghartey, Attorney-General and Minister for Justice.

In the Memorandum on the RTI Bill made available to the Ghana News Agency in Accra on Tuesday, the Attorney-General explained that Article 12 (2) subjected the enjoyment of the human rights provisions in Chapter Five to the rights and freedoms of others and the public interest. In addition, Article 21 (1) (f) specifically subjected the right to information "to such qualifications and laws as are necessary in a democratic society," Mr Ghartey stated.

The Attorney-General said the underlying factor in the qualifications to the right to information was the need to protect the safety and integrity of the State and the privacy of individuals.

Explaining the rationale for the numerous exemptions in the Bill, Mr. Ghartey said the provision for the exemptions and protection had been taken to make them relate to specific circumstances and situations and to make them address specific pressing social needs so as to ensure that loopholes which will be taken advantage of to whittle away the right of access in the implementation of the law were not available. The Bill deals with two broad subject areas, the first area dealing with information held by government agencies, and the second area with general and miscellaneous matters.

He said Clause 1 provided for access to official information held by a government agency. Except for information specified as exempt information, a person has a right of access to information held by government agencies and does not need to give a reason for the request for access, unless that person requests that the application be treated with urgency. Other areas of exemptions in the Bill cover information submitted or meant for submission to the President or the Vice President, Cabinet and official information of the Cabinet which has not been published or released to the public, as well as decisions, deliberations and discussions of the Cabinet.

In spite of the exemption from disclosure of information relating to the Cabinet, the Cabinet has the power to grant access to information relating to its work. This is another provision intended to enhance transparency in governance.

Other exemptions relate to law enforcement, public safety and national security, information that is likely to damage or prejudice the relationship between Ghana and any other country or an international organization, in the defence of the country or of a friendly foreign country, and the economic or financial interest of the country. Confidential information which would reveal a trade secret or which relates to research, scientific, technical or commercial subjects or to labour which disclosure would prejudice the economic or financial interests of a person or group of persons is also exempted. Information relating to a tax return or for the purpose of determining tax liability, the rights of third parties in respect of information held by government agencies, which affects the interests of the third parties are exempted.

Information contained in internal working documents of an agency which relates to an opinion or advice given or a report or recommendation made or consultation or deliberation held in the course of making a decision in the agency is exempt from disclosure in so far as the disclosure will frustrate the decision making process of the agency.

Also exempt from disclosure is privileged information the disclosure of which would infringe or contravene a parliamentary privilege or constitute a contempt of court or of a quasi-judicial body; infringe on lawyer and client professional relationship or communication between spouses whether married under an enactment or under the common law. Confidential communication between a doctor or any other medical expert and a patient in connection with the patient's medical diagnosis or treatment are also exempted. Other exemptions are information that relates to unreasonable disclosure of the personal affairs of an individual, whether dead or alive. The exemptions from disclosure are subject to the public interest and can be lifted where disclosure would help reveal a contravention or a failure to comply with a law or non-disclosure could result in an imminent and serious risk to public safety, health or the environment.