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November 1, 2006

Ministry of Finance Info-Delay

It may be difficult to change the culture in government to one of openness but the Campbell government could do some simple things that would reduce delays. When BC's Freedom of Information and Protection of Privacy Act was introduced, predictions were made that it would create a culture where information would be routinely shared, making formal request under the Act unnecessary. Most regular users of the Act, such as journalists and pundits, find that the opposite has happened. It is not unusual to be told that a request has to be formally made under the Act even though the request is for simple facts, such as the number of people receiving MSP premium assistance by level of assistance and family size.

It must increase the cost of government to give people the run-around rather than promptly making information available. It is almost routine for ministries to extend time limits with the claim that other public bodies must be consulted. In a case that is becoming almost comical, I have been attempting to learn the details behind the prediction by the Ministry of Finance in its First Quarterly Report 2006-07 that school-generated and own-source health authority revenue would yield $287 million more over the next three years than was forecast in last February's budget. I was told that the Ministry of Finance didn't have custody or control over the documents so the request would have to be handled by the Ministries of Health and Education. I expressed appreciation for getting whatever information those ministries could provide, but asked that a second look be taken for what documents are in the custody of the Ministry of Finance. After all, it is hard to believe that Carole Taylor doesn't have documents to support a $287 million revenue windfall. Today I learned that the time line for the second look would have to be extended to December 13th because it is necessary for the Ministry of Finance to consult other public bodies before responding.

Isn't it interesting that the Ministry of Finance has to consult other public bodies before providing documents to support a $287 million item in the report that it must make public in accordance with the Budget Transparency and Accountability Act? I'm so curious about what questions the Ministry had to put to which public bodies that I've submitted a second freedom of information request asking for all emails, memorandums or other documents pertaining to that consultation. I regret the cost that this generates, both for me and for the government, but it is necessary that the Campbell government be encouraged to embrace the principles of openness and transparency. Fortunately, November 1st is the effective date for a new policy in the Office of the Freedom of Information and Protection of Privacy Commissioner. Appeals with respect to deemed refusals to provide information will now be expedited in that Office. While my original request was made prior to the effective date of the new policy, my request on which public bodies are being asked what questions was made under the new rules.

The Ministry of Finance should not have to consult the Ministries of Health or Education since they are already handling those parts of my request which pertain to documents that they possess or control. Cynics have often thought that the other public body that is consulted must be the public affairs bureau which needs to prepare the government spin on what may be released. As disappointing as that might be, in this case it is doubly so since the public affairs bureau is part of the Ministry of Finance. The Act does not allow an extension of the time limits while one section of a ministry consults with another section of the same ministry.

Readers will be kept informed on how this saga unfolds. Weeks before any information is made available with respect to the $287 million line in the First Quarterly Report, Taylor must make the Second Quarterly Report public. When she faces the media to spin that report, she might receive questions about own-source and school-generated revenue. It will be interesting to see if she tells the reporters to submit a freedom of information request.

 
 

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