Transparency. This word is often tossed about like a leaf in the wind when the issue of governance is discussed — and is often a favourite of persons vying for political office. But what really is transparency, and are the persons who use the word fully familiar with the breadth and depth of transparency in Government?
In general, transparency is really about openness, accountability and honesty in Government. However, my research on transparency in Government indicates that there are several components of the concept of transparency. Most people only think about one aspect, ie. voluntary disclosure. This in essence is government’s obligation to share information with the populace which the public then uses to hold government accountable. The basis for this aspect to transparency is the principle that Governments exist to serve the people. Therefore, information on the provision of public services, the conduct of public business, and how taxpayers’ money is spent, should be readily provided, available and easily understood by the people.
I believe that most governing administrations in Anguilla have subscribed to this aspect of transparency in theory, and in some areas of practice. For example, minutes of meetings of the Executive Council are published and available for public to view, draft legislation and policies are posted on the Government website, the budget debate and documents are also available for public viewing — and there now appears to be an active Public Accounts Committee which provides some checks and balances on how public funds are spent. While there is still room for improvement, we can say that there is some transparency in the conduct of Government business.
Another aspect of transparency in government, which is more uncomfortable for persons to grapple with, is the right of the public to request sight of public records. While there is no Freedom of Information Act in Anguilla, as exists in other countries, the concept of transparency in Government must allow for some of this. The question then becomes what are public records? An ordinary dictionary meaning is that they are records required by law to be made and kept. They can be records made by a public officer, or a government agency, in the course of the performance of a duty; or a record filed in a public office. This makes it clear that public records are much more than the obvious records of birth, death, marriages, court documents, land registers, company registers, statistical data and the like. However, they can include any policy or plan approved by Executive Council, reports on the operations or conditions of various Government Departments, audits of Government Departments or statutory bodies, environmental impact assessments, minutes of meetings of various agencies etc. These are the areas in which we hear less of an outcry for transparency. This is probably because this kind of transparency would give the public the ability to more closely monitor, scrutinise and, yes, criticise, the inner workings of Government. I cannot think of any administration so far which has raised its voice and tangibly committed to working towards this level of transparency, either as a matter of good practice or by legislating through a Freedom of Information Act.
However, it is a third aspect of transparency in government which I believe is most in need of being addressed but, unfortunately, is least likely to be addressed with any degree of urgency. This is the matter of campaign finance disclosure. Why is this important? Because we know the old adage: He who pays the piper calls the tune. To ensure good governance, there must be something that deters persons vying for elected office from accepting campaign donations from certain interests or self-interest groups — so that there can be some assurance that the decisions made or actions taken while in office are for the benefit of the whole, not particular individuals or sets of individuals. Additionally, there must be some mechanism that provides information to the public as to who “owns” our Government — whether funds are coming from legitimate or nefarious sources, and which entities are most interested in seeing any particular party elected to office. In this campaign cycle, for example, there are already rumours about how and by whom various campaigns are being funded with a view to preserving or advancing certain interests. These rumours could have been easily confirmed, or debunked, if there was legislative provision for campaign finance disclosure. Yet, with the obvious benefits of this aspect of transparency, and the talk surrounding it while in opposition, once elected no administration has touched it.
And so it goes. Transparency will probably continue to be a buzz word during this and future election cycles. However, I urge those persons for whom this word is a favourite, to embrace all aspects of transparency: voluntary disclosure, access to public records and campaign finance disclosure. Furthermore, if and when elected to office, please don’t forget that measures must be put in place legislatively, and in practice, to uphold the principles of transparency which you touted to the people of Anguilla. Until then, we wait.
