New Access to Information Appeal Tribunal appointed after months of absence

Retired Supreme Court Judge Glenworth Brown has been appointed Chairman of the new five-member Access to Information (ATI) Appeal Tribunal.

He was appointed by Governor General Sir Patrick Allen last month, along with the other members.

Returning to the tribunal are Dorothy Pine McLarty and Rev Dr Phillip Robinson, who are joined by new members Dr Diana Thorburn and Johnathan Brown.

Despite being appointed since October, The Gleaner understands that the tribunal is yet to hold a sitting.

It is expected that the secretariat for the tribunal is to set early dates for the hearing of appeals.

In September, The Gleaner reported that the tribunal had been inactive for months, reportedly leaving nearly 20 appeals in limbo.

The tenure of the previous tribunal had expired in February without the appointment of a new body.

Some have levelled criticisms against the Government for allowing such an important body to fall into inactivity.

The ATI law was established to, among other things, reinforce and manage the public's general right of access to official documents held by public authorities, subject to exemptions.

The right to accessing official documents follows certain fundamental principles underlying the system of constitutional democracy, including governmental accountability, transparency, and public participation in national decision-making.

Members of the public have a right to lodge appeals to the tribunal under the Access to Information Act.

In 2022, the Act was passed, giving citizens and other persons a general legal right of access to official government documents which would otherwise be inaccessible.

Appeals are lodged if an ATI request has been refused, only partial access has been granted, access given to only some of the documents requested, a grant of access has been deferred and a request to have a personal record amended or annotated has been denied.

During the hearing of an appeal, the burden rests on the public authority to prove that the decision it took was justified

If either party to the hearing is not satisfied with the decision of the tribunal, then the party may seek redress from the Supreme Court by way of a judicial review.

-  Barbara Gayle

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