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Wednesday, October 19, 2005

Cabinet must be in frontline of RTI

Parliament 18.10.05 (4)

In response to my intervention, two Cabinet Ministers gave undertakings to Parliament during their Ministerial winding-up to seek Cabinet approval the next day to release official information to the public, viz:

# Minister for Energy, Water and Communications Lim Keng Yaik on the two long-overdue water bills, the Water Services Industry Bill and the National Water Services Commission (SPAN) Bill when the Cabinet gives both the “green-light”. Keng Yaik said that the two Bills would be made public immediately after Cabinet approval before presentation to Parliament, so that there could be a period of four to six weeks of public consultation process. He hopes that the first reading of the two water bills would be presented in the current meeting in December.

# Minister for Works, S. Samy Vellu when I asked for the full details of the RM38.5 billion which had to be paid as compensation to 20 highway concessionaires in the past two decades after they were not allowed to increase their toll rates - RM1.76 bil was paid in cash while the balance were for matters like exemption of interests for loans supported by the Government, tax dividends and extension of the concession period.

The time has come for the Cabinet to be in the frontline to respect and uphold RTI (right to information) of Malaysians to usher in the culture of openness necessary for an information society and a knowledge-economy.

The Cabinet had failed to observe the International Right to Know Day on September 28 and although the Prime Minister, Abdullah Ahmad Badawi had pledged to lead an administration whose hallmarks are openness, accountability, transparency, integrity and good governance, only baby-steps had been taken in the past two years towards demolishing the cult of secrecy which is the very antithesis to an open society.

I asked in Parliament last month for a Freedom of Information (FOI) law to allow easy public access to government information except for special cases such as national security or personal confidentiality instead of individual releases like the limited and selective APs lists and the Air Pollutant Index (API).

All Cabinet Ministers should be reminded of what I said in Parliament more than eight years ago why the Official Secrets Act should be repealed and be replaced by a Freedom of Information Act in my speech on the Royal Address debate on March 25, 1997:

“In the Information Society, as a general rule, government information
should be accessible by the people because it belongs to the people. This requires a change from the traditional philosophy under which the government’s information was regarded by the government (and often by the people) as the government’s property and none of the people’s business.

“The government holds this information on behalf of the people and should take due care to ensure the quality, integrity and authenticity of government information.

“Access to government-held information is a prerequisite to the proper functioning of a democratic society. Without information, people cannot exercise their rights and responsibilities or make informed choices. Information is necessary for government accountability. A general shift in focus is therefore required - from one of not disclosing information unless absolutely required, to one of disclosing unless there is a very good reason not to, such as defence or security considerations.”

It is only when these ideas become the accepted norm for the Cabinet, Parliament, government and civil society that we can say that Malaysia has the conditions to becomde a “First World” nation with first-world infrastructure and first-word mentality. Let us at least begin to take the first step in this direction.