How does Section 12 of the FOI Bill 2026 undermine its purpose?

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Section 12's Broad Exemptions Jeopardise the FOI Bill's Objective

Section 12 of the Freedom of Information Bill 2026 presents a significant challenge to the legislation's intended purpose due to its extensive list of exemptions. These exemptions, detailed from paragraphs (a) to (q), are so comprehensive that they risk negating the very principles of transparency and public access that the Act aims to establish. Critics argue that the breadth of these exclusions could effectively allow the government to withhold information, thereby undermining the fundamental right to know.
Extensive Exemptions Outweigh Disclosure Aims

The FOI Bill, intended to grant citizens a legal right to government information, contains a wide array of exemptions within its Section 12. These exemptions are described as being broad enough to "swallow the Act's own purpose," indicating a potential for widespread information withholding. This extensive list of potential exclusions raises concerns that the legislation may fall short of establishing a genuine right to know, instead maintaining barriers to disclosure.
Preservation of Existing Secrecy Measures

The structure of the FOI Bill, as highlighted by concerns surrounding Section 12, appears to preserve existing legal and administrative barriers to information access rather than dismantling them. Instead of creating a presumption that government-held information belongs to the public, the bill's framework, particularly its exemptions, leans towards maintaining secrecy. This approach contrasts with the ideal of a law that would proactively promote disclosure, subject only to compelling and narrowly defined reasons for withholding information.
Undermining the Right to Information

The expansive nature of the exemptions in Section 12 is seen as a critical flaw that could diminish the significance of the FOI Bill. While the tabling of the bill is a step towards greater transparency, the broad scope of what can be exempted suggests that the right to information might be treated as a conditional entitlement rather than an inherent democratic right. This could limit the ability of citizens to obtain information and participate more fully in public life.

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How does Section 12 of the FOI Bill 2026 undermine its purpose?

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