New anti-secrecy law kicks in from start of 2015

Wednesday 10 December 2014

A new law beefing up the public and the media’s right to know what the States are doing will come into force on 1 January.

The Freedom of Information (Jersey) Law gives Islanders, campaigners and the media new rights to ask for information about what the States are doing.

The legislation follows a similar law that was brought into force in the UK ten years ago. States Members agreed unanimously yesterday to back Chief Minister Ian Gorst’s proposal to formally enact the law as of 1 January.

Under the terms of the new law, the legislation will be overseen by the Channel Islands Information Commission, which will be the new name for the existing Data Protection Commission.

In the UK, the Freedom of Information Act has been used by journalists and campaigners to uncover stories about waste by councils and the government, and the legislation was instrumental in uncovering the abuse of MP’s expenses that became such a huge scandal in 2009, and which ended with some MPs being sent to prison.

Senator Gorst has been an enthusiastic supporter of the legislation, which has seen millions of pounds worth of investment in the last few years as departments have been prompted to improve their record management systems.

A recent decision by the States, adopting an amendment by Deputy Carolyn Labey, means that beyond the States departments and the police, the law will also apply to the likes of JT, the States of Jersey Development Company, the JEC and Jersey Water will also be covered by the new Freedom of Information Law.

It is not clear how that decision will affect the utilities – particularly Jersey Post and JT who operate in competitive markets against private companies not subject to the legislation, and Jersey Electricity, which is a listed company.