C4 Executive Director Cynthia Gabriel said Penang’s introduction of the freedom of information state law several years ago was laudable, but not as good as Selangor’s.
“It is a great step forward, but eight years forward, we must ask whether it has helped us.
“Today, I bet they are still eager to know the workings of the State Planning Committee, transport master plans and more.
“Essentially, we found the (Freedom of Information or FOI) enactment in Selangor was actually much better.
“And Selangor’s FOI enactment is not great. But between the two, Selangor was better off,” she said in her presentation at the Freedom of Information Forum at the Penang Institute here today.
Cynthia was a panellist together with Serdang MP Ong Kian Ming, Malaysiakini journalist Low Chia Ming and Deputy Chief Minister II P Ramasamy. It was moderated by city councillor Syerleena Abdul Rashid.
The forum was held as part of a “Right to Know Week”, held in conjunction with the “World Right to Know” day tomorrow.
Commenting further, Cynthia advised the Penang Government to emulate certain features found in Selangor’s FOI laws.
She listed the clauses, found in Selangor’s FOI, that should be included in the FOI enactment in Penang:
- The words “competent, accountable and transparent (CAT)” are missing from the enactment’s preamble (preface). CAT is the Penang Government’s motto. In Selangor, the words “competent and transparent” are present in its preamble.
- An information officer under the FOI enactment be compelled to provide information to the requestor “with due haste and as facilitators”.
- A shorter list of exceptions and very specific topics. Also include exemption clauses in cases of public interest.
- Public servants cannot block or frustrate anyone trying to obtain requested information.
Cynthia also told the Penang Government to include a “no block” for the FOI clause in all future government agreements in the interest of full disclosure.
“All FOI clauses must automatically be incorporated in contracts by any entities of the state, including its government-liked companies. That way, requests for information cannot be blocked.”
Additionally, Cynthia suggested that Penang make more attempts to publicise its FOI service and also train its staff on the standard operating procedures.
Meanwhile, forum panellist and Penang FOI Chair P Ramasamy said the suggestions raised at the forum were important and he would work on improving the laws.
“We should be better than Selangor, although we have had the benefit of Selangor having implemented the FOI before us.
“Our FOI act might not be 100% perfect, but it does not mean we are hiding anything.
“We are open to suggestions on improvements and we have always kept an open ear,” Ramasamy said.
He said Penang had received 71 FOI requests last year. During the first six months of this year, 41 requests were received.
“The misconception that information was not available is not true.
“Most of the requests made could be directly obtained from the respective departments without the need of FOI.
“And as for requiring sworn statements for FOI, I stress this is purely administrative and not a permanent feature.
“As for concerns of high fees, it is not my personal decision, but the executive council’s collective decision.
“Anyhow, if you still have doubts about the Penang Government or if you think we are hiding something, let us know,” Ramasamy added.