Appeal favours right to know over commercial ‘secrets’
(CNS): A decision by the Office of the Ombudsman has clarified the extent to which records of private sector service providers are exempt from release under the FOI Act weighed against the public’s right to know about deals with the government. The decision related to a freedom of information request to the Cayman Islands Airports Authority (CIAA) about the licences, rights and services at the two local airports. The CIAA had released some documents but withheld some information.
However, in a decision regarding an appeal to the CIAA response, Ombudsman Sharon Roulstone found that the commercial interest exemptions claimed by the CIAA in this case didn’t apply and the public interest in disclosing records was greater than the commercial interest in withholding them.
“The promotion of public understanding of processes and decisions of public authorities, the promotion of the accountability of public authorities and the deterrence of maladministration… will be enhanced by disclosure of the redacted information,” Roulstone said in her decision.
The ombudsman did uphold the deferral of the release of draft ground handling agreements until their
completion but she ordered completed and historical records to be released.
The applicant had made a freedom of information request to the CIAA relating to licences, rights and services for which the CIAA had authorised permission at Owen Roberts International Airport and Charles Kirkconnell International Airport since 2008. This related to ground handling services, such as baggage handling, fueling, hangar services and aircraft maintenance.
While the CIAA had released some records, it withheld information in authorisation letters sent to the providers of ground handling services, which it said related to private commercial interests, and deferred the release of draft agreements with service providers, as these were still being completed.
In her decision, Roulstone noted that while there is still some debate as to whether or not the airport is subject to the Procurement Act, which dictates how the civil service acquires products and services, the act clearly requires that certain information on contracts is made public within a certain period.
“That information consists, amongst other things, of ‘a brief description of the goods or services being procured’ and ‘the name of the successful bidder’, which appear to be the same data elements that have been requested by the applicant and redacted by the CIAA,” Roulstone wrote.
She noted that the elements which the CIAA claimed would seriously damage commercial interests are expected to be published under procurement rules in the name of accountability and transparency.
See the full decision in the CNS Library.
- Fascinated
- Happy
- Sad
- Angry
- Bored
- Afraid
Category: Government oversight, Politics
The Ombudsman and PACT Government needs to order boards, departments, authorities, etc., to automatically publish ALL contracts and Meeting Minutes.
This consistent with the letter of the Freedom of Information Law and National Archive Law.
Let the sun shine in to prevent the widespread corruption that exists in secret dealings.
It’s not about being mean but simple fact and it has nothing to do with her being Caymanian. Perhaps if you took the time to look at her qualifications and work history you might pause in your praises. Her experience is not very broad and many people were surprised by her appointment to this position. Suffice to say I am glad that Mr. Liebaers is there and obviously performing well.
What else don’t we know? Is this the only thing? Should more FOI requests be made? What other areas are necessary to look into? Who might not want information to be disclosed?
Who is the Chair of the CIAA?
I support the findings in the report. I endorse and support all calls for transparency in all government related matters. The ruling by the Ombudsman establishes a clear precedent that sets the bar for openness and transparency within SAGC’s, Ministries and across all government departments and owned companies.
The FOI law is due a comprehensive review after five years and multiple amendments by the previous administration that in my opinion took the teeth out of what FOI was meant to represent. Now the public can press for all relevant information about the secret deals, development agreements, grants of concessions and other matters they would prefer were kept out of the public domain by successive governments over the last twenty five years who claimed the information was commercially sensitive and confidential.
It’s always shocking when the governments business and quid pro quo’s are made behind closed doors with public funds and policies at the heart of the deals etc.
The key question to be asked to those persons in leadership roles and public officers that have been desperate to avoid the facts being shared in the public is what exactly do they have to hide and why?
Best regards
Johann Moxam
Any reason you couldn’t have made the disclosure without forcing the applicant to go to the Ombudsman?
FYI – All this occurred prior to the current Board of Directors being appointed to CIAA by the PACT government.
Regards
Johann Moxam
I call bullshit. You were appointed last September, no? You expect us to believe that the FIO process and appeal took over 10 months, and there was nothing you could do in the meantime?
You don’t need to like Moxam but he seems to have a better understanding of the foi process and ciaa issues than Anonymous 12.56pm and has not chosen to hide behind anonymity.
I actually like Johann, but call bullshit when I see it. The report says the FOI request was made last July, so does pre-date him, but there’s no reason he couldn’t have changed course when he took over
Best to ask Moses K, Tommy Guyton and previous ppm appointed board what happen
Mr Tom is the greatest man.
For the reasons previously stated commercially sensitive information
Well said, Johann.
Give um hell…they need stop these secrecy….lol
I once counted over twenty airport staff, almost all foreign nationals in the employment of private companies, and not counting police and customs or airline employees, facilitating the security and baggage requirements of 5 passengers on a domestic Twin Otter flight. INSANITY!
Your next CAL
It would be really interesting to know the value of the free tickets used by friends and family of directors and employees. It represents millions in public funds being passed out the side as part of the longstanding system of grace and favor. All off the books and out of sight, for decades.
Nothing will happen as these contracts are held by a very influential family who have the whole airport under wraps. These contracts need to be put out for competitive bidding. Lets see if things will change.
Let them eat cake.
You can not eat and swim at the same time 4:24
Flour and water are two key ingredients, either way.
This group operates monopolies and that way can charge whatever they feel like. The airport jobs are just another jewel in the crown!
Name and shame such family!
That won’t happen
They obviously don’t smell the flowers
Government in the Sunshine..
It’s great to see that Cayman is finally progressing in this area.
Ironic that it was what the PPM promised and never delivered. Well done PACT!
Well done Ombudsman.
When did the PPM ever do ANYTHING for the people??????
Before Alden took over from Kurt.
But do we really have to say “her” decision when we know she knows nothing about these laws and did not write the decision? Any person with a brain knows it is the Deputy Ombudsman Mr. Liebaers who rights these decisions…it’s a shame he doesn’t get the credit.
He’s doing his job and is well paid. Does he need a gong?
Why not. Alden got one, and didn’t do most of his job. Pretty good with Covid. Crap with everything else.
Hmmm.Sharon is a qualified and experienced attorney..I think you are stretching there for your own personal reasons..
How ridiculous and mean. Sharon Roulstone is an attorney and is every bit as au fait with the laws as Mr. Liebaers. Do you have to be so mean spirited? Is it just because she’s Caymanian that you think she can’t “right” a decision? And if she has a knowledgeable and smart deputy, that is as it should be.
He got the “credit” (in the sense that his name was on them) when he was acting and signed them. Even if he contributes to researching decisions that he does not personally sign (which I suspect he and probably other staff would do because that’s part of their jobs), Ms Roulstone is the one who decides to agree with the arguments and who is putting her name to the decision. It’s, therefore, clearly HER decision.
The problem arises when you don’t understand what you are reading.
Good. More of the same please.
Great decision by the Ombudsman. Too much misdirection games being played by CIG and SAGCs. Transparency is a hallmark of a democratic society that upholds the rule of law.
Self-regulatory authorities are most concerning.
Let the light shine in ✨
With or without consequences?
Or threat of cow codding.