It was our first formal Legislative Council today. Have to say that I really enjoyed it. A bit like going to church not being sure of the rituals but I hope we did ok and did not disgrace the office.
Les Baldwin has been elected to ExCo as the new Chairman of the Social and Community Development Committee, a good choice I believe as he has passion and a solid financial background which could be a formidable combination.
Two laws were amended today. One to make all lawyers on St Helena Commissioners for Oaths was straightforward, and a reminder of the sometimes detailed but dull work of legislation. The other ordinance to be amended was the Welfare of Children Ordinance in relation to adoption. More complex and as I have no knowledge of adoption it is daunting to be asked to make changes. I am very grateful that through a colleague I was introduced to a UK lawyer and a UK social worker who were very helpful in explaining the adoption process to me. It underlines the need at times for independent legal advice as I doubt that it will always be possible to draw on the goodwill of others
Questions were asked about roads, houses, economic development and streetlights. The central issues that affect people's lives.
Motions allowed for a bit more freedom of expression and we discussed principles of open government, the health service, media and housing. I think we started to get into our stride and it was more of a debate, not shouting and waving order papers as in Westminster but some differing of opinions expressed openly.
And we are back tomorrow. Not quite finished with the motions and still the adjournment debate.
My response to the debate on open and transparent government is below.
I call it
OPEN TO OPENNESS
The Ethics Survey that was conducted earlier this year
placed Members of Legislative Council as the least trusted professional group
on St Helena.
Only 9% trusted councillors, 60% did not trust councillors
and 32% did not have an opinion.
These are truly disturbing statistics and though we are a
new council from the one that was in office during this survey we would be ill
advised to just assume that we are faring any better.
I sincerely hope that if a new survey was conducted today
that this figure would rise, it could hardly fall. I do not know why the figure was so low but
from the public meetings prior to elections there were some indications
One of these was a perception of a lack of openness and
transparency and a lack of accountability from the council
The local government association is a UK organisation that
works with councils to support, promote and improve local government. One of its programmes the ‘Local Transparency
Programme’ specifically sets out an agenda to open up government and public
services.
I quote from one of their publications:
Open data is not only about supporting local transparency
and accountability but is also a driver to engage and empower citizens and
communities, foster improvement and efficiencies and drive social and economic
growth.
It sounds rather like our sustainable development plan
And it all seems rather obvious, that we should inform the
public of what is happening. By not
doing so all we do is foster distrust. Let us take the example of the asphalt
machine.
At almost every meeting we held prior to the election the
asphalt machine was brought up as an example of incompetence. Everyone knew that the machine was purchased;
they knew that it did not work and if they happened to drive up to Donkey Plain
they could watch it slowly rust away. As this was all the public knew they
resorted to having to make the rest of it up; how much it cost, what was going
to happen to it next and who was responsible for the original mistake. So as my Honourable friend Lawson Henry so
eloquently phrased it: this open wound was allowed to fester.
What was surprising, to those of us who had been told that
the administration liked to keep secrets, was that when we asked for the
information to be published it was done so.
Now that the information is in the public domain the public do not have
to resort to rumour. Sadly it does not
alter the fact that money spent on the plant cannot be recovered and that our
roads division have to continue to ‘chip and tar’ to seal our roads
It took too long for the information to be placed in the
public domain. There was a delay due to
some legal proceedings but once these were completed the information should
have been made public
Not only does openness allow the public to access
information it also, as the Local Government Association states, lead to
efficiencies and it does support development.
A government that tries to hide information is one that breeds
complacency as people will not be held to account. If you know that even if you make a mistake
you are not going to be questioned then you are more likely to make poor
decisions. In the UK they call it the
Daily Mail test. If you would not want
to read about what you did in tomorrow’s Daily Mail then don’t do it. I guess hear we could call it the Sentinel
and Independent test.
This is the reason that I am proposing this motion. To ensure that there is a process by which
information is released in a timely manner.
It is about improving practices and changing the mind set of
government, both elected members and the administration.
We are already achieving some of this
The public relations department of government routinely
issue the following information:
·
Press Releases
·
Newsletters
e.g St Helena Ambassador
·
Directorate Training Reports
·
Statistical News Bulletins
·
Government Gazettes – Ordinary and Extraordinary
·
Exco Reports
·
Order Papers for Legislative Council
·
Public Consultation Documents
·
SHG Performance Reports
·
Job advertisements
·
Governor’s blog
·
Directorate/Services Fees and charges
·
Land Development Control Meeting Minutes
·
Governor’s Speech
·
Ordinances
Exco
now operates under a presumption of openness and has agreed a process by which
the agenda is decided. As all items are
assumed to be open unless otherwise stated it is incumbent upon Exco to provide
an explanation as to why items are closed.
However having an item on the closed agenda does not preclude it from
being mentioned in the Exco report.
Committees
likewise have a similar agenda structure
So
we have made a start but I feel that it is important that we have a public
commitment from the council to continue this process.
From
my short time in council and previously working in the public service one of
the main constraints is the capacity of the public service. With reduced headcount and the pressures on
budgets we must ensure that staff time and money spent on open data represents
best value for money. This is not to
provide an excuse to restrict openness but it is an acknowledgement that we
must be creative in our approach.
As
councillors it is up to us to lead the way and be proactive. For those who are unaware there is a
councillor’s page on the SHG website where you can find information on
individual councillors. I note that my Honourable
Colleague Mr Lawson Henry has already posted a summary of the Economic
Development Committee for October the 3rd. I must apologise that as the Chair of the
Health Committee I have not posted a report but I will do so this week and I
encourage other chairs do likewise. As I
am fond of quoting the late US Senator Paul Wellstone “Never separate the life
you lead from the words you speak”
In
terms of process the public relations department of SHG have agreed to be the
point of contact for all queries about SHG that cannot be answered by openly
available information. This makes sense as the alternative would be to have a
designated person in each directorate but that would place an additional burden
on staff and often a query requires information from more than one
directorate. I would also suggest that those
elected members who have given a commitment to be ‘open to openness’ would be
willing to assist in any way they can.
As
stated in the motion it is not the intention that everything is published and
certain areas particularly in relation to personal information will not be made
publicly available.
Those
who have been following this debate closely will have noticed that the motion
does not include freedom of information. This is deliberate. It is not that freedom of information has
dropped off the agenda but that in discussions with many people it is generally
agreed that we work towards this iteratively.
That is we start with the principle of openness, build policies and
procedures around this and then see what is required for freedom of
information.
Far
better I would suggest to test the waters and adjust accordingly rather than go
straight for legislation.
From
my interactions with those who have expressed interest in this field the one
concern is that being more open and transparent, whether or not this includes
freedom of information legislation, is fit for purpose and does not impose to
onerous a burden on government.
Already
in starting this debate I have been surprised by the lack of opposition despite
what I was told before the election. It
may seem that I have modified my stance and in a way I have but what I have not
modified is my commitment to open and
transparent government.