Guernsey needs Freedom of Information law with 'real authority'

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FoI filesImage source, Getty Images
Image caption,

The current system allows requests to be submitted, but the States can refuse with no means to challenge

Guernsey needs a Freedom of Information (FOI) law with "real authority" for better oversight of the States of Guernsey, a former politician has said.

Former Scrutiny Management Committee (SMC) President Chris Green said an appeal system was needed.

Guernsey does not have any impartial body ruling on requests for official information.

Mr Green argued for a statutory official, like the Office for Data Protection to take charge of appeals.

The current system allows requests to be submitted, but the States can refuse with no means to challenge.

The former deputy, who stood down before October's General Election, said any replacement needed legal weight to be "truly effective".

Among successful candidates, only two mentioned introducing FOI in online manifestos, but one sits on the States Assembly and Constitution Committee, which would be responsible for introducing one.

Image caption,

Christopher Green served as President of the Scrutiny Management Committee in the last States term

'Deserves closer scrutiny'

Mr Green pointed to a report produced by the SMC in August, external outlining as a suitable model for the law.

He explained Guernsey needed an appeal mechanism headed up by an independent body like the Office of Data Protection to be "truly effective".

Mr Green said: "It also should be headed up by a person with real authority, if they are going to strike down a decision of a States committee to withhold public information."

Jersey has had an FOI law since 2011 and decisions not to disclose can be appealed to the Office of Information Commissioner.

Mr Green, who has returned to being a full-time advocate - a Guernsey lawyer, also pointed to new authority given to SMC as being vital.

The powers introduced this term, can compel people to appear before the committee and produce documentation via court order.

He said: "This new reality will be something that will weigh very heavily with a principal committee or Policy and Resources under examination."

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