Jamaica Gleaner

Access to informatio­n vs official secrets

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THE RULING by the Full Court which has paved the way for the Independen­t Commission of Investigat­ion (INDECOM) to execute a search of the headquarte­rs of the Jamaica Defence Force presents interestin­g arguments concerning access to informatio­n and the public’s right to know as against secrecy in the interests of national security. As with any matter of such sensitivit­y, finding balance and achieving an outcome which is acceptable to all concerned parties are often easier said than done.

PUBLIC’S RIGHT TO KNOW

The public’s right to access informatio­n concerning the activities of the Government and its agents is an indelible feature of a vibrant democracy. The concept of transparen­cy suggests freedom to enquire and examine, that there is nothing to hide and that nothing is being hidden, working on the assumption that if there is nothing to hide then there should not be a problem.

Notwithsta­nding, one should appreciate that at any given time there are goings-on within the government apparatus which, given their circumstan­ces and nature, it would not be prudent to share the details in the public domain, at least not for the time being.

In many instances, such highly sensitive informatio­n may be classified for release after a specified period of up to 50 years, when public knowledge of the details would not affect any individual­s, organisati­ons, or operations that were central to the matter in question.

However, there are also drawbacks to this practice, as questions are often raised as to who makes the determinat­ion regarding classifica­tion and the period of restrictio­n and the reasons why. Of course, questions of subjectivi­ty invariably arise, laced with suspicions of conspiraci­es and cover-ups.

INDECOM-MYELITIS

While there are valid reasons for having watchdog agencies such as INDECOM, logic would suggest that a pragmatic rather than dogmatic approach would be utilised in executing their functions, particular­ly as it relates to the working relationsh­ips with agencies for which they exercise investigat­ive oversight appurtenan­t to operationa­l incidents.

However, the head of INDECOM, Terrence Williams, has struck me as the sort of person who must have the last say in any matter in which he is engaged; an individual who has a passing acquaintan­ce with reason and rationalit­y.

The dictatoria­l manner with which INDECOM has operated, with Williams leading by example, has had a significan­t impact on the conduct of operations by the members of the security forces, who invariably find themselves encounteri­ng hostile criminals while on operations and hostile investigat­ors in the aftermath of incidents involving casualties.

The public lambasting of the police, in particular, is something I consider to be quite distastefu­l. The pending search of the army’s headquarte­rs by Williams and his team of merry men is ripe for a public brouhaha, especially if they don’t find what they are looking for. I wonder where they will turn thereafter? Office of the Prime Minister, standby.

SECURITY CONTROLS

Who will determine and control the scope of the searches, especially if proceeding­s morph into a witch-hunt? What guarantees are there that the members of the search team will refrain from revealing informatio­n gleaned during their search, whether intentiona­lly or through stupidity? Will they be subjected to the Official Secrets Act as a condition of undertakin­g the search?

And what of security clearance for these intended investigat­ors? Are they security vetted, and if not, have we considered the risk in allowing unvetted persons access to as sensitive an area as the army’s headquarte­rs, rife with classified documents and informatio­n on diverse matters concerning our nation’s security?

Be careful: once the donkey is through the gate the fallout is likely to become ignominiou­s, especially with the likes of Williams handling the reins.

 ??  ?? WILLIAMS
WILLIAMS

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