Penang Officials Promise to Introduce FOI Legislation

22 October 2010

The government of the Malaysian state of Penang has pledged to propose freedom of information legislation, according to media accounts such as one by Himanshu Bhatt in The Sunday Daily.

This move follows an effort this summer to pass FOI legislation in Selangor. Activists also are seeking to promote national legislation

The article said:

Chief Minister Lim Guan Eng said the Pakatan Rakyat state administration was ready to fulfill its promise to implement such legislation after having observed the Selangor government introduce its own FOI bill in July.

The draft of Penang’s bill was prepared by a committee headed by Deputy Chief Minister (II) Prof Dr P. Ramasamy. Details of the bill will be announced later.

Lim, who is the DAP secretary-general, said this during the party’s state fund-raising dinner at the PISA indoor stadium here last night.

This latest move follows the Penang government’s earlier assertion that it was under a “predicament” to introduce a FOI enactment here as the state legal adviser, who it is beholden to, had opposed it since information was under federal purview.

Lim had then said the state would monitor Selangor’s implemention of the FOI bill before it moves to introduce such a bill here.

In Selangor, a FOI bill has been proposed and has started working its way through a long process (see previous article in FreedomInfo.org).

Recently, representatives of the state government departments endorsed the bill, while also expressing concern over “vague” clauses in the bill, according to an article, which explained further:

   Their concerns included the appointment of an information officer; the definition of specific words; the basis on which a person could be deemed “not entitled” to information; how information would be disseminated; and the response time frame.
   Many questioned whether the appointment of an information officer meant a new appointee or an extension of powers for individuals currently employed.
   A considerable number of terms also caused confusion due to a lack of details and definition.
   The PS staff also protested against the 30-day time line between the approval of an application and the delivery of information, saying certain requests would involve the coordination of several Departments which could possibly take longer, especially if the information required was several years old.
   They asked that a time limit of 10 years be imposed on the information requested.
   Member of the FOI Select Committee, Nik Nazmi Nik Ahmad, said there had been occasions when so-called ‘classified information’ had appeared in blogs.
   “So it is important for our laws to catch up and keep up with technology, “Mr Nik Nazmi said.
   His colleague, Hannah Yeoh stressed the importance of the Public Service’s support of the Bill as it was the “arms and legs” of making the enactment functional.


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