BARBADOS CONSUMERS WATCH: Freedom of Information

Thursday, October 16, 2008

Freedom of Information - Town Hall (1)

Hello Folks,
Well the first Town Hall meeting (at Cawmere, oops Combermere), came off on October 15th as scheduled on the Freedom of Information Bill.
It started with 10 members in the audience and another 10, incluidng some party followers, tured up later.
Four people spoke : Besley Maycock, a retired envoy, Carl Moore, a former Nation newspaper editor, Ian Bourne (former CBC anchor) and this blogger.
Well what we have is legislation taken straight from North America, where information means records/documents and really, not information.
Let me explain. Information for me is not only found in some report or document, but in the crania of civil servants. I suspect there is far more there of relevance than in documents.
So rather than access to information, as in access to senior civil servants who have information relevant to the public, what we have is North America-patterned Freedom of Information legislation.
Well, we managed to get the chairman, Mr. Orlando Marville, to state that the inappropriate deadlines were "not cast in stone". In fact there is a deadlne for submission of views etc. that precedes the end of the Town Hall meetings. This does not make any sense.
I raised the question of a possible conflict between the FOIA and existing confidentiality legislation. In other words, if I go to the Fair Trading Commission and they tell me a certain document is confidential, will the FOIA legislation "take precedence" over the legislation governing the Fair Trading Commission, on the grounds that I am entitled to the information.
Or would it be the other way, thereby rendering the FOIA still-born, or useless in this regard.
Should Barbadians not have a bill that is broader in scope and depth than the North American legislation. Should our national strings not say "we want something that os relevant to our needs"?
The message though as we always say on this blog is get the facts, get the information and let's get off our buns and make a contribution.
Hallam Hope
caritel@hallamhope.com/438-3211

2 comments:

Anonymous said...: This is exactly what I fear. A small group of regulars will attend these meetings . the government will in turn says that this is democracy at work, as the people had a chance to have an input and the bill will be passed in the name of transparency and all the rest of it.
When are we going to get it right!!! If under a dozen people attend the meetings , how then could these same meetings be held up as "democracy in action".

Consumers, lets attend as many of these meetings as possible so that we can truly understand what is on the table. You know the old adage.."Ignorance of the law is no excuse".

Actionn is required now..See you at the next meeting, whereever it is.; October 16, 2008 at 5:36 PM
ROK said...: Joining that call by anonymous.; October 16, 2008 at 8:09 PM

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Consumer Claims Tribunal

THE Consumer Claims Tribunal was established by section 41(1) of the Consumer Guarantees Act 2002-21 which was enacted on January 15, 2003.

At present the Tribunal is made up of a Chairman, a Deputy Chairman and three other members as follows:
Mr. Ian Bishop: Attorney-at-Law - Chairman
Mr. Jefferson Cumberbatch: Attorney-at-Law - Deputy Chairman
Mr. Edmund Hinkson: Attorney-at-Law - Member
Mr. Antoine Williams: Business Executive - Member
Ms. Fay Lucas: Accountant - Member

The function of the Tribunal is to enforce the rights conferred on consumers by the Consumer Guarantees Act. The Tribunal may determine complaints made to it where the value of the subject matter of the complaint does not exceed $10 000.00.

Any person who has a right of redress against another person under the Consumer Guarantees Act, may enforce that right by making a complaint to the Consumer Claims Tribunal.

Where a consumer believes that a right that he has under the Act has been breached he may refer the matter to the Office of Public Counsel who may, mediate on his behalf with the person whom he believes has breached those rights.

If no settlement has been reached the matter may be referred to the Consumer Claims Tribunal and Public Counsel may also represent the consumer before the Tribunal.

Before submitting a case for hearing by the Tribunal, consumers should make all reasonable efforts to obtain redress for the complaint with the supplier of the good or service. If there is no resolution through the Office of Public Counsel, then the complaint can be submitted in writing to:
Ministry of Commerce, Consumer Affairs and Business Development
Reef Road
Fontabelle
ST. MICHAEL
Telephone #: (246) 427-5270
**************************

The Role of Public Counsel

1. The Office of Public Counsel has a mandate to protect and promote the individual and collective interests of domestic consumers of utility services.
2. The post is structurally separate and distinct from the Fair Trading Commission to ensure that the Office is able to act independently and provide effective representation of consumer interests.
3. The primary role of the Office is to represent the interests of domestic telephone, electricity, water, gas and transport consumers in utility regulation matters before the Fair Trading Commission and in appeals from decisions of the Commission. Domestic consumers are a vulnerable market who need robust and impartial representation of their interests.
4. The Office will also assist individual consumers taking proceedings before the Fair Trading Tribunal on matters related to the proposed Consumer Guarantees Act. The Consumer Guarantees Act will replace the Sale of Goods Act in respect of consumer transactions and will detail the rights and remedies of consumers in consumer contract transactions.

Although the Fair Trading Commission will enforce the provisions of the proposed Consumer Protection Act, the proposed Consumer Guarantees Act will not be enforced by the Fair Trading Commission but will rely on action being taken by private consumers.

Utility Regulation
5. The work of the Office in utility regulation matters includes the following:
(a) ensuring that the interests of domestic consumers are taken into account in the price control review process, at rate hearings and in any determinations on quality of service;
(b) assisting domestic consumers in presenting arguments at price control reviews or rate hearings;
(c) representing domestic consumers at hearings before the Commission relating to complaints on billings and standards of service; and
(d) advising and educating domestic consumers on the provisions of the Utilities Regulation Bill.

6. The establishment of this department will therefore ensure that the information presented at reviews and hearings before the Commission are more effectively and critically examined and that the consumer's view is fully taken into account in any determinations made by the Commission.

7. The Office of Public Counsel will also aid in the streamlining of utility regulation hearings before the Commission, by promoting compliance with procedural rules and encouraging objectors on similar topics to combine their submissions.

8. Although it is expected that the quasi-judicial adversarial method of rate-setting will change with the introduction of incentive compatible mechanisms, such as price caps, the Office of Public Counsel will continue to play a role in representing domestic consumer interests in the consultative process.

Consumer Protection
9. The role of the Office of Public Counsel in consumer protection matters includes:
(a) advising and educating consumers generally on matters relating to the proposed Consumer Guarantees Act; and
(b) representing individual consumers bringing civil claims under the Consumer Guarantees Act before the Fair Trading Tribunal where Public Counsel deems this necessary or desirable.

10. The Office of Public Counsel will be unable to represent every individual bringing a claim before the Fair Trading Tribunal, as this would require the allocation of greater financial resources to the Office. It is expected therefore that Public Counsel will represent individual consumers in matters that are of general public interest or significance and would set a useful precedent.

11. Public Counsel will be expected to assume a high level of responsibility and public accountability. The officer is a legally qualified officer appointed by the Judicial and Legal Services Commission and must be an attorney at law of not less than 10 years standing.

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Thursday, October 16, 2008

Freedom of Information - Town Hall (1)

2 comments:

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BARBADOS CONSUMERS WATCH

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Thursday, October 16, 2008

Freedom of Information - Town Hall (1)

2 comments:

BCW TV

Subscribe

Labels In This Blog

Keep Your Supermarket Bills

The Consumer Channel

SUPPORT BCW

WELCOME TO THE CONSUMER'S FORUM - IT'S OUR FIGHT

Consumer Legislation

The Fair Trading Commission

Eye Opener

Blog Archive

Advocates

British National Consumer Council

Consumer Claims Tribunal

The Role of Public Counsel

Followers