January
28, 2008
Ministry
of the Environment Report Card
On
January 31st a report card will be issued on the Ministry
of the Environment, not on the Campbell government's ambitious
climate change plans, not on protecting wild salmon, not on
protection of wildlife habit and not on coal bed methane pollution,
but on the Ministry's response to access to information requests.
Time will tell, but there is a chance that an improvement
in its response to freedom of information requests will lead
to report cards on how the Campbell government is doing on
substantive environmental issues.
The
University of Victoria Environmental Law Clinic assisted six
environmental groups with a complaint
to the Freedom of Information and Protection of Privacy Commissioner.
The environmentalists argued that three government ministries
systematically discriminated against them. An investigation
resulted in the complaint being dismissed against two of the
Ministries, and a mediated resolution being agreed to with
the Ministry of the Environment. Part of that resolution called
for the Ministry to produce a report card on its access requests
by January 31st and to arrange a meeting with the complainants
by the end of February 2008 to review and discuss the results
of the first report card. Production of the report card is
made possible by the Ministry's adoption of the Corporate
Request Tracking System (CRTS) that is used elsewhere
in government to track and report on freedom of information
requests.
The investigation found that the Ministry's data on access
requests could not be relied on because sometimes it used
a spreadsheet to track requests and sometimes it used CRTS.
When the two databases and Ministry's FOI tracking forms were
compared gaps were found in the data and inconsistencies were
found between the different sources. The investigation produced
a calculation which showed that the Ministry took an average
of 74 business days to respond to requests from the eight
environmental groups, compared to an overall government average
of 45 business days (the law requires responses within 30
days, but extensions are permitted under certain circumstances
- circumstances that appear to be routinely invoked).
According
to data from the Ministry of Labour and Citizens' Services
website
on CRTS statistics, of 1,618 general information requests
(not for personal information) throughout government in fiscal
year 2006-2007, 56% resulted in full or partial disclosure
(only 22% resulted in full disclosure). That's down from a
full or partial disclosure rate of 62% in 1997-1998, but up
from the low of only 40% in 2004-2005. Of course, regular
users of FOI know that partial responses can be useless; it
doesn't do much good if information is released with all key
sections blanked out. By the end of February we'll see if
the Ministry of the Environment becomes more transparent as
it improves its adherence to the Freedom of Information
and Protection of Privacy Act, or whether it simply becomes
more adept at releasing pages with significant information
blanked out.
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