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The Right to Information Commission (RTIC) last week instructed parliamentary officials to divulge the educational qualifications of Members of Parliament (MPs) whenever those details are received from them.
The instructions followed an inquiry by the RTIC into an RTI application made seeking the educational qualifications of MPs.
The RTI applicant was refused the information by the relevant Parliament officials on the basis that the information under Section 3 (1) of the RTI Act in that the Sri Lankan Constitution does not require it to collect that information, that in accordance with the said Articles, Members of Parliament are “not bound to provide any such information to the Parliament” and also that it constitutes ‘private information’.
By a letter dated 10 May, the Secretary General of Parliament had taken steps to write to all Parliamentarians, stating inter alia that “if you are willing to provide this information, you are kindly requested to furnish me your educational and professional qualifications on the attached specimen as early as possible enabling to disseminate such information to the requests of the citizens” but that no response was received to date.
The RTI Commission said in its Order that information asked for does not come within the ambit of Section 5 (1)(a) in that firstly, it has a direct relationship to ‘public activity or interest’ within the meaning of that Section and secondly, as a consequence thereof that, there is no ‘unwarranted’ invasion of privacy thereby. “It is of direct comparative interest that in Union of India v Association for Democratic Reforms [2002], the Indian Supreme Court held that constituencies have a right to know about inter alia the educational qualifications and criminal charges, if any, of elected representatives, as this is an exercise which furthers the citizens’ right to make an informed decision about who should represent them in Parliament.”
The RTI Commission added that in any event, the public interest in disclosure of the said information is paramount as envisaged in Section 5 (4) of the RTI Act adding that though steps were taken to write to all MPs by a letter dated 10 May to obtain information on the relevant educational qualifications, citing requests for information made by citizens under the RTI Act. However, the PA has affirmed before this Commission that not a single MP had responded to the said request to date.
“The absence of any response even after the lapse of more than two months since the aforesaid letter is undeniably a matter for concern in the context of the overriding public interest as referred to in this Order. “The Commission directs the PA to apprise the Appellant forthwith of any responses to the above stated letter, with copy to the Commission. We further note that, contingent on the said information being furnished, the PA has undertaken to update their website with the educational qualifications of MPs albeit without a specified timeline.”
The RTIC consists of Chairman Mahinda Gammanpila, Commissioners Kishali Pinto-Jayawardena, S. G. Punchchihewa, Dr. Selvy Thiruchandran and Justice Rohini Walgama.
The Order was issued last Tuesday.
