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‘The Constitution should not include a right to information’- HoA position

-Members believe Freedom of Information is better via legislation  
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 Dr the Hon Natalio D. Wheatley administration is getting ready to head to London to secure a new constitution. Photo: YouTube/HoA/File
ROAD TOWN, Tortola, VI- As the Dr the Hon Natalio D. Wheatley administration is getting ready to head to London to secure a new constitution, the position of the negotiating committee is being revealed through ‘A Report of the Committee of the Whole House’ which sets out the House of Assembly’s (HoA) deliberations on the Constitutional Review Commission (2022 to 2023) report.

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.  

12 Responses to “‘The Constitution should not include a right to information’- HoA position”

  • WHAT!!! (11/04/2026, 11:07) Like (21) Dislike (2) Reply
    Of course they are against any “transparency and accountability “
  • L dogs (11/04/2026, 11:20) Like (0) Dislike (0) Reply
    This is ting to talk
  • resident (11/04/2026, 11:28) Like (10) Dislike (0) Reply
    what do they have to hide
  • bystander (11/04/2026, 11:55) Like (15) Dislike (1) Reply
    This is hilarious; they will say CoIs need to be prohibited next; and the Auditor-General abolished. You couldn't make this up!
  • guy hill (11/04/2026, 13:45) Like (20) Dislike (0) Reply
    I would reason that a constitution should include a right to information or right to access public information to enhance democracy, strengthen transparency, and try to ensure accountability. By recognizing it as a fundamental human right, it empowers citizens to hold governments accountable, help to prevent corruption, and enables meaningful participation in public life.
  • one eye (11/04/2026, 14:03) Like (2) Dislike (2) Reply
    Well elected them not Lisa and her cult
  • WEW (11/04/2026, 14:14) Like (4) Dislike (0) Reply
    Too ethical, won't happen
  • @ guy hill (11/04/2026, 19:24) Like (9) Dislike (0) Reply
    THAT WAS WONDERFULLY PUT / THEY WERE ELECTED TO REPRESENT & SERVE THE PEOPLE , SO WHY SHOULD THE PEOPLE BE LOCKED OUT OF WHATS REALLY GOING ON IN THE TERRITORY ? - SO WHATS THE SECRET ?
  • yeah (12/04/2026, 03:17) Like (5) Dislike (0) Reply
    This is why you all were bickering about who to send to the UK? Seems irrelevant at this point. None of them care to do what the people want. So if you all still vote for these people then you all are really fools.
  • Raw and Unfiltered (12/04/2026, 11:36) Like (2) Dislike (0) Reply
    Hear dis ya! Freedom of Information (FoI), along with freedom of speech, freedom of the press, etc., should be foundational part of Bill of Rights enshrined in the Constitution. Enacting FoI through legislation is temporary in nature and can be easily change by HoA. Instead, embedded in constitution, it is stronger, requiring a constitutional change to change. Concur with and endorse the CRC recommendation; it strengthens, promotes , enhances, etc., transparency, accountability, democracy,etc. What is the fear?

    Moreover, there should and will be limits on what information can be released. For example, there will be limits on national security information, law enforcement issues,,issues under investigation, residents privacy issues, etc.


    Further, the UK controls what will be included in the constitution. Inclusion will be consistent with the dependency-modelled, boilerplate, OT model. In the end , the UK will have unilateral power consistent with the colonialism order——Control. Is it time to shed the the training wheels?
  • Bunk (12/04/2026, 18:34) Like (2) Dislike (0) Reply
    If paying taxes is mandatory, then information on how the country is being run should be made available upon request.


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