Appendix A: Recommendations

Chapter 3 – Protecting good government

R8Sections 9(2)(f) and 9(2)(g) of the OIA (the “good government” grounds) should be replaced by a provision stating that:

The withholding of the information is necessary to avoid prejudice to the effective conduct of public affairs by protecting:

(i)collective and individual ministerial responsibility;

(ii)the political neutrality of officials;

(iii)negotiations between political parties or Members of Parliament for the purpose of forming or supporting the government;

(iv)the free and frank expression of opinions and provision of advice or information by, between or to Ministers of the Crown or members of an organisation or officers and employees of any department or organisation in the course of their duty;

(v)the ability of Ministers properly to consider advice tendered, whether that advice was requested or not;

(vi)Ministers, members of organisations, officers and employees of any department or organisation from improper pressure or harassment;

(vii)the confidentiality of communications by or with or about the Sovereign or her representative.

R9

Section 7(2)(f) of the LGOIMA should be replaced by a provision stating that:

The withholding of the information is necessary to avoid prejudice to the effective conduct of public affairs by protecting:

(i)the free and frank expression of opinions and provision of advice or information by, between or to members or officers or employees of any local authority, in the course of their duty;

(ii)such members, officers and employees from improper pressure or harassment;

(iii)the ability of a local authority properly to consider advice tendered, whether that advice was requested or not.