Members of the Fifth House of Assembly believe Freedom of Information is better via legislation. Photo: Getty Images

The Dr the Hon Natalio D. Wheatley administration is getting ready to head to London to secure a new constitution. Photo: YouTube/HoA/File

The Lisa E. Penn-Lettsome-led Constitutional Review Commission recommended that the Constitution should include a provision requiring the enactment of Freedom of Information (FOI) legislation, recognising public access to information as important for transparency and accountability.

However, the Fifth House of Assembly rejected this position. Instead, they give an alternative position. The HoA Committee of the whole House agreed that freedom of information should be advanced through legislation rather than constitutional amendments, and that the Constitution should not include a right to information or a constitutional requirement for an FOI regime.

Rationale

Members reaffirmed the importance of transparency and public access to information, but considered that the detailed design of a FOI regime should stay within the legislative domain. Elected Members, in their deliberations of the Penn-Lettsome report, observed that FOI requires practical flexibility to adapt to changing administrative capacities and evolving governance requirements, including decisions about institutional placement, resourcing, and implementation arrangements. As a result, constitutionally embedding an FOI framework was seen by Members as unnecessary and potentially restrictive.

The Premier is yet to announce his negotiating team.