Reform Description

Pass Regulations for Legislative Instrument (LI)

Problem(s) Addressed by Reform

Address the gaps or lacuna in the existing law (Act 989) for effective implementation

The LI will provide a legal document to augment the implementation of the right to information law.

Relevance to OGP Values

It will lead to greater inclusion of the general public in the governance of the country. It will also facilitate proactive disclosure of information which will lead to enhanced transparency and accountability.

Intended Results

Provide better clarity and no ambiguity in the right to information law, and also to have a well grounded law to train and create awareness to public institutions and the general public.

Milestones

Engagements with the Ministry of Justice and Attorney General's Department, and the Subsidiary Legislation Committee of Parliament

Is Civil Society Involved?

Y, inputs have been received from civil society organisations and have been incorporated

ADDITIONAL INFORMATION

The Regulations (Legislative Instrument) for the Right to Information Act, 2019 (Act 989) is intended to operationalize and provide clarity on the implementation of the law.

The Legislative Instrument will include detailed procedures and guidelines on:

• The process for submitting and responding to applications for information
• Timelines and formats for providing access to information
• Fees and exemptions relating to applications for information
• Appeals and complaint mechanisms
• Roles and responsibilities of Information Officers
• Records management, including proactive disclosure and information classification systems
• Protection of personal data and sensitive information during disclosure, and
• Monitoring and reporting obligations of public institutions.

These provisions are crucial for ensuring uniformity and compliance across all public institutions.

While Act 989 provides the legal framework, it leaves certain implementation aspects open to interpretation.

The Legislative Instrument (LI) will:

• Clarify ambiguous provisions of the law to avoid inconsistent application
• Address procedural gaps, such as timelines, formats, and fee structures
• Strengthen enforcement mechanisms, including oversight and redress pathways
• Provide clear protocols for training, monitoring, and compliance enforcement
• Enhance transparency through guidance on proactive disclosure and recordkeeping

The LI will ensure that the law is not only theoretically sound but also practically enforceable and user-friendly.

The journey toward passing the Legislative Instrument includes several critical milestones such as:

• Stakeholder Consultations: Engaging public institutions, civil society, media, and citizens to solicit input
• Technical Drafting: Collaborating with legal experts and the Attorney-General’s Department to draft the LI

Validation Workshops: Presenting the draft to stakeholders for review and consensus-building

• Pre-laying Engagements: Have a clause-by-clause discussion on the draft LI with the Subsidiary Legislation Committee of Parliament
• Submission to Parliament: Laying the draft Legislative Instrument before Parliament
• Parliamentary Review: A mandatory 21-sitting-day period during which Parliament may debate or amend the LI
• Adoption and Publication: Upon successful passage, the LI is gazetted and becomes legally binding

Each of these steps is designed to ensure transparency, inclusiveness, and legal rigor in developing a comprehensive and actionable regulation.