They say knowledge is power. For democracy to work, information must be shared between the government, the Parliament, the media and the people. This allows everyone involved in making or influencing decisions to create knowledge and to share power
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Access to information is the very basis for a healthy and robust democracy. Without this information, it is impossible to hold elected representatives accountable. It is impossible to make informed voting decisions at future elections. And it is impossible to speak up about decisions that might affect you and your community. The lure of power however, can mean that governments, who have the entire resources of the state at their disposal, can restrict the flow of information. Where information is withheld, or is only made available to a small portion of the people, history has shown us that corruption and injustice are likely to follow. For you, as a voter, the decision not to release what should be public information or for ministers to not answer questions diminishes your participation in our democracy. It also reduces the ability of your elected member to represent you in parliament. Where the Greens stand One of the values articulated in the Greens Charter is the free flow of information between citizens and all tiers of government. We believe this is important as it enables people to participate fully in their democracy and make informed decisions. It makes the elected government accountable to the people that elected it. Access to information also means that the elected representatives can act in a manner consistent with the promises they made to their constituents, by understanding the issues and the implications of different actions before they cast their vote in parliament. To this end, significant effort is made by the Greens’ elected representatives to seek information on key government policies and programs which they believe would be of interest to the voting population. Unfortunately under the current Coalition Government in Victoria, it seems that getting access to information is a continuous struggle. |
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How the system is supposed to work
Elected members seek information from the Government in a number of ways. These most commonly include:
1. Submitting a Freedom of Information request; or
2. The Parliament passes a motion ordering the government to provide documents; or
3. Raising a question in parliament, either with notice or asking it directly in the House.
Freedom of Information (FOI)
The Victorian Freedom of Information Act gives everyone the right to request information held by Ministers, state government departments, local councils, and public organisations such as universities and hospitals. Part of its provision is the right to access documents about the activities of government agencies. There are only a few exemptions, but these are heavily relied on by the government.
The Act requires that when information is not going to be released, the agency must inform the person making the request, in writing, of the reasons for the decision within 45 days. Most requests exceed this 45 day limit, with one request from June still outstanding! Another delay is caused by the informal practice of decisions being ‘noted’ by Minister’s offices. The ombudsman lambasted the previous government for doing this, as it only invites political interference.
Of great concern are reports by the Age newspaper that Premier Baillieu is vetting all Freedom of Information (FOI) requests, with staffers in his office granted decision-making powers, and that significant influence is being exerted on other government departments in their handling of FOI requests. The recent announcement that the Premier is introducing a Freedom of Information watchdog offer no relief on this matter either as the commissioner will not have jurisdiction over decisions by ministers or department heads, and cannot review decisions where the grounds for refusal is to protect ''cabinet-in-confidence'' documents.
Greens elected members have certainly struggled to have basic information released that they require for making decisions on important issues affecting Victoria.
The following is a brief (and far from conclusive) list of the Greens MPs recent failed FOI requests:
- The $100m state funding deed for the HRL brown coal project was refused because the company did not want the information out there in the open. Greg Barber is currently in VCAT pursuing this document with a trial date set for March next year.
- The Victorian government's submissions on the Carbon Capture and Storage Flagships program have been refused.
- 3 requests involving Alcoa’s lease in Anglesea were all refused because Alcoa has a special right enshrined in law to exempt it from FOI requests. No other corporation has this blanket right.
- The documents on the metropolitan train timetable changes that were requested were released, but only after that timetable was in place.
- The planning report of the Port Phillip Woollen Mill Advisory Committee.
Parliament v the Government
Our system of government provides that the parliament is supreme over the government. As a result, either house of parliament is able to order the production of documents held by the government. In the last parliament, Treasurer John Lenders was booted out of the House twice, because the government refused to release documents. The Liberal opposition complained of the Brumby government’s continual defiance, yet one year in the job, they are using the same tricks as their predecessor.
The following orders were moved by Greens’ elected representatives at Victorian state parliament and later refused by the government –
· Under a specific election promise, smart meter documents were supposed to be released by the incoming government but have not seen the light of day. The Greens moved the identical motion to force the (now) government’s hand. The last we heard from the minister was in June, when he said that the Department was still trying to find them.
· The report that reviewed the myki ticketing system has been refused.
· The $100m funding deed for HRL was refused at the request of the Company.
· Only part of the Grand Prix contracts and cost-benefit analysis reports.
Questions in parliament
Questions in parliament take two forms – question without notice and questions on notice. The latter is a particularly important tool for seeking information as questions on notice are supported by an obligation for the Minister to whom the question is directed to answer the question within 30 days. Many answers received by Greens MPs are signed by the Minister within 30 days, but have been sent to the Premier’s central command tower where they sit for another 30 days until they are released.
Unfortunately, when a Minister decides to ignore the Standing Orders of parliament and neglects to answer a question on notice, there is little recourse except to ask the question again or to highlight the lack of answer in parliamentary reports. The Parliament relies on the integrity of the Ministers to follow the standing orders. The record of current Ministers is not good, as the list below shows:
A sample of the unanswered questions on notice (as at 30 November 2011) which are obviously outside the required timeframe, and are very straightforward questions for any minister to answer about their portfolio, are:
- 2 March 2011 – Sue Pennicuik asked the Minister for Police and Emergency Services if a comprehensive review has been undertaken to ascertain the number of cells and interview rooms in Victorian police stations, excluding category A cells, still operating without closed-circuit televisions (CCTVs); if so, what is the proportion of cells and interview rooms to which this applies.
- 3 March 2011 – Greg Barber asked the Minister for Police and Emergency Services how many police were involved in the operations conducted at Broadmeadows train station under the Control of Weapons Act 1990 and what the results of the operation were
- 24 March 2011 – Colleen Hartland asked the Minister for Public Transport if it was a contractual requirement of Metro to provide wheelchair access to trains and for drivers to assist wheelchairs into trains; and whether or not the Government or Metro has received any complaints about this service being provided.
- 3 May 2011 – Sue Pennicuik asked the Minister for Corrections how many sexual assaults took place in Victorian prisons in each year from 2005 - 2011
- 3 May 2011 - Greg Barber asked the Minister for Environment and Climate Change how many permits of Authority to Control Wildlife were issued, and for what fauna by type and number, by the Department of Sustainability and Environment for 2009 and 2010.
- 24 May 2011 – Sue Pennicuik asked the Minister for Corrections what the cost of the government’s sentencing reforms (Including mandatory sentencing provisions) would be for the 2011-12 financial year.
- 24 May 2011 – Sue Penniciuk asked the Minister for Education how many state government schools have Special Religious Instruction or Christian Religious Education programs operating and what the process for approving curriculum for these programs is.
- 26 May 2011 – Greg Barber asked what the eligibility for the energy efficiency rebate for low income homes scheme is and whether the discount rate for heating and whitegood appliances would be adjusted.
- 14 June 2011 – Colleen Hartland asked the Minister for Public Transport what length of the Altona Loop could be duplicated without housing acquisitions.
- 18 August 2011 – Colleen Hartland asked the Treasurer how much revenue the Community Support Fund received in the 2010-11 financial year and how it would spent in 2011-12
In total, unanswered questions on notice for each of the Greens MLCs (at 30 November 2011) are currently sitting at:
· Sue Pennicuik - 33
· Colleen Hartland - 13
· Greg Barber - 32
As shown above, each of these are simple questions seeking information required for any member of parliament to make an informed decision when debating or voting on policies. Some of these questions are now more than 7 months overdue for an answer, based on the standing orders by which all Ministers are obliged to perform.
In looking at the questions being asked and the information being requested, most people would agree that these are fairly basic questions. The answers would allow elected representatives and voters alike to decide whether or not the services being provided to the people of Victoria meet our expectations and are being well governed. The information would enable us to understand why certain policies or programs are being introduced and to decide whether or not we think they are for the good of our community.
So, we have to ask - what is the government hiding? And why doesn’t the media think this is newsworthy?