How open and transparent are the States of Guernsey?

Wednesday 05 June 2019

The Scrutiny Management Committee is investigating how effective the existing Code of Practice on Access to Public Information is and whether it remains fit for purpose.

The creation of a Freedom of Information Law is one alternative if the evidence suggests that the Code has not adequately promoted a culture of openness, accountability and good governance.

"The Code of Practice has been in practice for six years and it is an opportune time to review exactly how effective it is," said Scrutiny President Chris Green. "We are mindful of the fact where there have been examples where it hasn’t been that easy to get access. For example, PwC’s Sea Links review has not been made public supposedly for commercial confidentiality reasons and it was a bit of a struggle to get hold of the PwC report into tourism. We are just mindful that sometimes in Guernsey the perception around transparency of government could be a lot better."

Above: If you want to apply for some information to be released by the States, that is how you do it. 

"In 2017 there were modifications made to the Code by the Policy & Resources Committee and we want to test how effective it is and determine if it needs to be modified further, or whether it ist the case that we can only get more transparency and openness if we have a Freedom of Information Law."

While such a law would make an impact, Deputy Green there are also potential pitfalls that need to be considered further. 

"The cost of a Freedom of Information regime is not insignificant. Jersey and the Isle of Man have gone down that route and in Jersey it costs around £1 million a year to have that regime. Secondly, there is a a risk that government could end up being inundated with requests on a full-time basis, which could potentially eat up time and resources.

"If everything discussed by government could be liable for publication, it could stop people [such as consultants] being frank and open in the advice given to government. We have to establish whether what we have can be enhanced or whether we need to go down that route."

"We are not pre-judging anything, we want to get the evidence and be led by it."

Deputy Green was adamant that the review, once complete, would not be left to gather dust.

"We are setting up a panel so there will be input from Peter Harwood, Deputy Emilie Yerby, Deputy Jennifer Merrett and myself," said Deputy Green. "We will be very keen to ensure it is not another review that sits on a shelf and that it makes a real influence on the States of Guernsey as a government."

Scrutiny has launched a call for evidence seeking response on the Code and people can submit their thoughts or experiences with it by emailing scrutiny@gov.gg or writing to the Scrutiny Management Committee, Longue Rue,  St Martin's, GY4 GLD.

Pictured above: Scrutiny President Chris Green.