Its official - FOI has been tabled in Selangor

At 1130am this morning, YB Elizabeth Wong tabled the FOI bill for Selangor after much delay in the last year and half. We are closer to the reality of a freedom of information legislation in Malaysia then we have ever been!

Kudos to the state government, and it is definitely a proud moment for the CSOs and individuals who had been working on this for many years. The draft bill was a result of the commitment of many of these CSOs and individuals, starting with a petition for FOI, a national coalition, the drafting of the bill, roadshows, leaflets, talking to politicians and finally the engagement with the Selangor state government under the Pakatan Rakyat.

But the bill is not perfect, in fact some of the provisions in the version that was tabled clearly weakens the spirit of the bill. We have work to do to try and reinstate some of the provisions and ensure that it is a good piece of legislation. The BN camp of course picked on the unconstitutionality of the bill, but I think the defence is strong enough.

The main flaw is the removal of the rights framework from the law, which can be seen in the preamble:
"An Enactment to enhance disclosure of information for the public interest, to provide to every individual an opportunity to access to information made by every department of the State Government."

This was what was proposed in the civil society draft:
"An Enactment to promote maximum disclosure of information in the public interest, to guarantee the right of everyone to access information, and to provide for effective mechanisms to secure that right. Recognising the right to access information to participatory democracy, to promote openness, transparency and accountability within the State Government and its bodies;

Be it enacted by the Selangor State Legislative Assembly as follows: "

And in Section 3 of the proposed draft, we strengthen this by saying:
"The purpose of this Enactment is to provide a right of access to any information held by public authorities within the jurisdiction of the state so that such information should be available to the public. Necessary exceptions to the right of access should be limited, specific and justified and decisions on the disclosure of such information should be reviewed independently of government "

The others involved the discretionary powers of the information officer, the powers of the Chairman of the Appeals Board, the need to justify reasons for making requests, response to requests, time for response and the scope for the exceptions.

The ADUNs who debated were (in case anyone is monitoring their state reps:)
1. Hannah Yeoh (Subang Jaya-DAP)
2. Nik Nazmi Nik Ahmad (Seri Setia-PKR)
3. Sulaiman Abdul Razak (Permatang-BN)
4. Lau Weng San (Kampung Tunku-DAP)
5. Ismail Sani (Dusun Tua-BN)
6. Gan Pei Ni (PKR-Rawang)
7. Subahan Kamal (Taman Templer-BN)
8. Lee Kim Sin (Kajang-PKR)
9. Amiruddin Saari (Batu Caves-PKR)
10. Mohd Shamsudin Lias (Sungai Burong-BN)
11. Azmin Ali (Bukit Antarabangsa-PKR)

A Select Committee was also formed to collect feedback on the bill. It will be chaired by Saari Sungib (PAS) and members include Hannah Yeoh (DAP), Nik Nazmi Nik Ahmad (PKR), Amiruddin Saari (PKR), Dr Ahmad Yunos Hairi (PAS), Abdul Shukor Idrus (BN) and Dr. Karim Mansor (BN). We'll have to target the committee to make sure the several provisions are reinstated and amendments made before it is tabled for 3rd reading, possibly early next year.

Those interested to get to know the bill and want to give feedback are welcome to contact me. The Coalition for Good Governance will be planning its response and strategy.

And as many have tweeted, who next? Penang? The Federal Government?

Had to have a photo with Eli and Saari, who was joined by his wife Aliza. Historic moment, people!