Information Disclosure Policy: A Toolkit for Pacific Governments (July 2006)
### EXPLANATORY NOTES Throughout the Model IDP, certain key concepts are highlighted in bold text, which are explained in hyperlinked Explanatory Notes. These Explanatory Notes explain the each key concept and suggest some additional issues which will need to be considered when the Policy is being modified for domestic use. When reading these sections, officials are encouraged to ask themselves: "What do I need to do in practice to ensure that the public can more easily access information that they need?" Introduction: A commitment to open government Importance of information disclosure The value of information disclosure to Pacific islands countries is discussed in detail elsewhere. Ongoing commitment at senior levels Even where a freedom of information law or information disclosure policy is approved, officials may be sceptical of the usefulness of the new openness approach. It is vital that Ministers, parliamentarians and senior bureaucrats actively promote the right to access information and consistently pledge their unequivocal support for a new openness regime. It is important to avoid sending conflicting messages to those responsible for administering the new policy. Clear statements need to be made by leaders and senior officials to encourage bureaucrats to believe that facilitating access to information is an activity they should prioritise in their daily work. Establishing a culture of openness is crucial. Key questions: Are there strong, identified "champions" of open government within the Government (Prime Minister, Minister for Information, Cabinet, MPs) and bureaucracy (heads of department, senior managers)? Do opposition parties support the new Policy? Have leaders been encouraged to promote the new policy to the bureaucracy and other key stakeholders? Has the Government promoted the new policy - eg. via the media? Is training on the Policy being planned for leaders? Maximise scarce resources In the Pacific region, administrative resources available to governments are often scarce. Budgets are already usually fully-programmed and personnel have full work plans. Nonetheless, promoting more efficient information management is often a key means of freeing up resources, because staff waste less time looking for documents. They also save time using old documents as templates instead of developing documents from a blank page. In the early stages of implementation, it is important that an appropriate budgetary and human resources are available. For example, two current staff members could be seconded to the IDP Implementation Unit for the first 1-2 years of the Policy to manage implementation. Key questions: What resources (personnel, financial, infrastructure) are available for implementation? Over what period of time? Can personnel be "borrowed" from other programmes (in the short-term)? Can volunteers (eg. via overseas programmes) be used to support implementation? Have donors been asked to support implementation? Could this work be incorporated into any of the current government reform programmes, eg. on public administration? Clarify existing disclosure practices Before any Policy is finalised, it is important to assess what disclosure practices are already in place to ensure that the Policy incorporates the good elements of current approaches, and specifically overrides any bad practices within the bureaucracy. For example, if some departments have already appointed their own communications officers, that could be noted in the Policy in the section on Departmental Information Officers (DIOs). Or if a Government Communications Unit is in place, that could be mentioned and strengthened in the Policy in the section on Government-media relations. Conversely, if officials have fallen into bad practice, for example because they automatically reject all requests for information or refer them to other bodies, such practices need to be reviewed so better practices can be encouraged. It may be helpful for the IDP Implementation Unit to convene a meeting with the media and civil society groups to identify those agencies they experience the most communications difficulties with. Clarifying existing practices will be a first step towards identifying gaps and identifying issues that require further consideration. It will also ensure that the final Policy is a comprehensive document which will provide a single, clear statement for the public and officials on what can and cannot be disclosed. All other relevant policies or regulations need to be identified and any conflicts with the Policy will need to be considered and resolved to avoid confusion. Key questions: Are there any policies currently in place which deal with information disclosure in any way (eg. information and communications technology policy; policy on liaising with the media)? Are there information policies in place for individual government departments (eg. finance, education, health)? Do departments have press/information officers? Are there laws, regulations or administrative circulars in place which deal with information disclosure (eg. Official Secrets Act; Archiving Act)? Do they place limits on what can be disclosed? If so, how? Do they set in place managerial arrangements for deciding on disclosure? What systems are currently in place to deal with information disclosure? Is information uploaded regularly on government/department websites? Is any information disclosed through brochures, noticeboards, workshops, etc? If the media or the public make information requests, how are they handled? Do people receive answers? Are there currently any officials who specifically deal with information disclosure (eg. Government Communications Unit, information officer)? What classification and declassification policies and procedures are in place? Incorporate openness into new/revised government policies While the Model IDP provides a comprehensive framework for information disclosure, nonetheless it is important that other government policies reinforce the Government's commitment to open government by incorporating specific statements on access to information. The Model IDP can be reinforced by using sectoral policies to extend information disclosure. For example, a new national health policy could include a new section on how greater information disclosure will be promoted in support of empowering communities to engage with their local health clinics, for example, by requiring health clinics to publish their budget, procurement statements and details of ongoing health grants and expenditure. All sectors need to be encouraged to consider how more proactive disclosure could be used to promote accountability and local participation. Key questions: Do existing sectoral policies properly deal with issues about information disclosure? Should key sectors (eg. health, education, finance, lands natural resource management, provincial government) be encouraged to revise their policy statements and programme designs to promote more information disclosure? What are the best ways to disclose information to ensure rural communities can get access and can understand the information that is available?
Commissioned by the Pacific Media and Communications Facility, an Australian Government, AusAID initiative managed by MDI International in association with MC Media & Associates