GOFFE... was called to receive documents yesterday from OPM

THE Office of the Prime Minister yesterday handed over copies of documents detailing costs of Prime Minister P J Patterson's 2003 trip to Malaysia, following a ruling Monday at the inaugural sitting of the Access to Information (ATI) Appeals Tribunal.

The OPM's decision to turn over the documents came more than a year after reportedly failing to hand over the information to Jamaicans for Justice chairperson Susan Goffe.

Goffe's request, which was made in her capacity as a private citizen, came amidst concerns about the size and cost to the public purse of Jamaican delegations travelling abroad.

"The tribunal reserved its ruling. However, in the meantime, the OPM, through their attorneys, have agreed to let me have the two documents that they say they have relating to my requests and then that they would forward the request to other ministries that have information," said Goffe, who was called to the OPM yesterday afternoon to receive the documents, the details of which were not yet available
Attorney for the OPM, Kathryn Denbow, said her office had decided to hand over the documents as both parties had come to understand the other's position in the matter.

"There was misunderstanding on both sides as to what was requested and resulting from that misunderstanding the matter ended up at the tribunal," Denbow told the Observer. "Mrs Goffe wanted a copy of accounts of final costs of a government delegation to a conference in Malaysia in 2003. No such document exists."

At the same time, Denbow took issue with suggestions that the OPM had initially refused to hand over the documents.

"We are not of the opinion that it was a refusal because you can't refuse someone something if it does not exist, and certainly not within the OPM," said the attorney.

Goffe said, in the interim, that she was glad at the outcome of the hearing though the tribunal had, at least for the 21 days allowed in law, opted to reserve its judgment in the matter.
If nothing else, she said the information received from the OPM and the other ministries would lend insight into the record-keeping practices of the government as regards expenditure of its delegations on their journeys abroad.

"One of the things it would help us see is whether there is proper record keeping on the government delegations that go abroad to represent us," she said.

She added that the sitting of the tribunal would also give civil society insight into its functioning ahead of the scheduled review of the 2002 ATI Act next year.

"The tribunal is a provision in the legislation, so it is very important to actually use that tribunal before the review so that there can be recommendations to improve the functioning of it," Goffe said.
Sitting on the tribunal Monday were all five of its members, including chairperson Dorothy Pine-McClarty, Senator Oswald Harding, David Coore, journalist John Maxwell and Rev Phillip Robinson.
The OPM was represented by Denbow and Katherine Francis, while Goffe was represented by Hilary Phillips and Debbie-Ann Gordon from the Volunteer Attorneys' Panel that was set up to provide legal representation to those bringing matters before the tribunal.

JFJ executive director Dr Carolyn Gomes, in the meantime, hailed the tribunal's ruling as a victory for access to information by the ordinary Jamaican.

"It is a huge victory for the process of access to information in Jamaica and a vindication of the work put into the passage of the Act, and now the implementation and enforcement of the Act," she said.

Goffe, who appealed to the tribunal in her capacity as a private citizen, is now also awaiting a second ruling from the tribunal on her requests for the contracts for the 2002 renovation of the Bracknell Avenue home of the governor of the Bank of Jamaica and for the minutes of a meeting where the decision to renovate was taken.

The $28-million residence was renovated at a cost of $7-million, though there was no guarantee that the BOJ governor Derrick Latibeaudiere would occupy it. The renovation was approved by the BOJ board.

"In both instances they feel that I have received sufficient information; however, our position has been that the information has not been supplied in the manner prescribed by the Act and that is what we are asking for," Goffe explained.

In that matter, which was heard on Tuesday, Goffe was represented by Dr Lloyd Barnett and Norman Davis, while Rudolph Nuir represented the BOJ.

"The lawyers who are taking it on are all doing it because they understand the Access to Information Act and the need for it to be properly interpreted and for it to work," Goffe said. "We look forward to the outcome in both, as it is a very important part of the process."

On receiving all the documents for which she has launched her appeals, provided the tribunal rules in her favour, Goffe said she was unsure of what action she would take.

"I would have to look at it and see whether, in fact, I believe it complies with the information I am seeking. They have said they have two documents. I haven't seen them so I can't comment," she said. "I might have thought that they would have more information but I have to wait to see. I may need to get additional documentation. My options would be open whether to review or to request additional information."

- williamsp@jamaicaobserver.com

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