Information bill contains change Forecasts

Press, 1 December 1982, Page 1

Information bill contains change

Forecasts

CHRISTCHURCH / FINE. MAX. 16 '

NELSON FINE. 17

BLENHEIM > - ' FINE, 16 V

GREYMOUTH ; MAINLY FINE, 16

TISIARU FINE, 16

.AUCKLAND MAINLY FINE. II

WELLINGTON 18 SHOWERS EASING, 14

PA Wellington Significant changes have been made to the Official Information Bill, the "open government" legislation which includes in its provisions the repeal of the Official Secrets Act. The bill was reported back to Parliament yesterday from the specially set up committee discussing it. Its chairman, Mr P. C. East (Nat., Rotorua), said the bill was basically unchanged from the original recommendations of a committee chaired by Sir Alan Danks. Changes have been made to the definition of official information, to access to commercial information, and the definition of espionage has been clarified.

A widely criticised clause which made people liable to up to 14 years imprisonment for sending information overseas that is prejudicial to New Zealand’s international relations has been dropped.

The bill now makes it clear that a judge will decide what is prejudicial to the defence and security of New Zealand, and not the Cabinet or the Government. The bill is intended to free up official information, give individuals and companies access to information relating to them, protect official information to the extent required by the public interest and the need to pre-

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serve the privacy of the individual, and repeal the Official Secrets Act. 1951.

It contains a “principle of availability" which says information should be made available unless there is good reason for withholding it. A tougher test has been introduced for the withholding of commercial information. Under the original draft, “the substantial economic interests of New Zealand" was considered a conclusive reason for withholding information, but this has now been limited to matters such as the exchange rate or the regulation of banking. However, the committee created a new clause to deal with commercial information. giving it higher protection than it had in the original bill. The list of criteria on which non-disclosure may or may not be justified has been redrafted. An Information Authority proposal has been retained, but its role — to make recommendations on secrecy laws involving the Government — will be reviewed by Parliament after five years. Any future secrecy provisions introduced under the bill will not be able to be imposed by the executive branch of the Government, but will have to be referred to Parliament. Mr East said that among the more than 100 submis-

sions to the bill, many organisations sought to be exempted from. its provisions. Labour’s spokesman on constitutional affairs, Mr G. W. R. Palmer (Christchurch Central), said much of the committee’s time had been spent in an "engrossing struggle" with organisations which wanted to be exempted.

The only notable deletion recommended by the committee was the State-owned Bank of New Zealand because of the special problems it presented, Mr East said. He did not say what tfyese were.

Mr East said the bill was much improved and was one of the most difficult and complicated pieces of legislation that had come before Parliament in recent times. Mr Palmer said few bills had been as important in the last 20 years as the Official Information Bill. The Opposition disagreed on four main issues: the number of organisations still covered by secrecy provisions; the method for settling disputes about disclosure; the nature of the criminal provisions to replace the Official Secrets Act; and minor matters such as a time limit imposed oh the Government over requests for information.

Miss Ruth Richardson (Nat.. Selwyn), said the bill would .have an effect on executive accountability and on public servants. It would have to be accompanied by a change in attitude and an admission that information was public property which organisations and the Government held in trust. It had been interesting to see the varied and conflict-. ing attitudes of groups making submissions, she said. The Treasury had been adamantly opposed to being contained in the bill, while the Ministry of Defence had shown an enlightened attitude.

Mr M. J. Minogue (Nat.., Hamilton West), .criticised the remark by the Prime Minister, Mr Muldoon, that the bill would prove to be a nine-day wonder. ■ “I want to suggest to the Prime. Minister tuat that shows,his total lack of understanding of what clearly is accomplished by the enactment now before the House,” Mr Minogue said. “What is / accomplished is one small but significant step

on the long road to necessary reform of this place (Parliament), this institution and all its workings. “The bill is one small but important contribution to the path which must be trodden and trodden soon by us all.” Information was the currency of democracy. Mr Minogue said.

He said he was sure that the bill's ultimate success would depend not so much on the legislation but on the positive attitudes of the pub? lie servants dispensing the information. z

“Without positive attitudes in that sector, the bill will be seen to have achieved even less than perhaps I have believed it to have achieved in this total business of reform.”