THE Senate yesterday passed the Access to Information Bill despite a sharp division over a clause which empowers the minister of information to exclude any statutory body from the influence of the information law.

Independent Senator Trevor Munroe and Opposition Senator Dorothy Lightbourne opposed the contentious Clause 5 (6) (d) on grounds that it gave the minister sweeping powers to exclude entire agencies from the purview of the information law, rather than exempting specified documents.

The same argument was made consistently by an alliance of civic groups, led by Transparency International (Jamaica chapter).

Opponents of the clause ridiculed a provision that subjects the minister's decision to exclude a statutory body to "affirmative resolution" or the consent of both houses of parliament.

Yesterday with neither side yielding their views, Munroe called for a vote on Clause 5 (6) (d). Nine government senators voted in favour of its retention, while three Opposition and the two independent senators (the other being Douglas Orane) voted against it.

Meantime, the attorney-general, Senator A J Nicholson said Cabinet was reviewing "detailed proposals" for a law to replace the Official Secrets Act, which generally penalises public officials for disclosing information.

The new law, he said, should come in force within the two-year review period prescribed for the Access to Information legislation.

In the interim, Nicholson noted, Clause 35 of the information law overrides the Official Secrets Act.

Said he: "...The Official Secrets Act, will be affected by, and will not prevail over, the Access to Information Act.

"On the contrary, where disclosure is made pursuant to the Access to Information Act that disclosure will no longer constitute an offence under the Official Secrets Act."

The passage of the information bill by the Senate concludes a 10-year process to provide the public with a right of access to information produced by state agencies. The measure goes next before the governor general for his assent.

Following this, regulations for the operation of the law will have to be drafted and approved by Parliament. The measure then comes into effect 12 months after its completion.

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