Albo’s dangerous expansion of Cabinet secrecy

Foi Guru in the first of a three -part series Rex Patrick PM Explain that Albania’s proposed information laws of information freedom laws are a major confidentiality covering the citizen’s rights to participate in democracy and examine their governments.

I do not claim to dominate, but when evaluating the new legislation, it is as if it should be read like that. Because the government’s claim to reject access to documents is a court that will be the final referee as to whether the law is in accordance with the law.

Cabinet

The cabinet is the central decision -making body of the executive government. It only deals with important or important issues that affect the country; New laws, new policies, major projects or commitments. This is an important point where we will return later.

Although the cabinet makes major decisions, the cabinet does not have any cabinets in our constitution or a legislation. This is a congress creature.

Therefore, the cabinet has no power. It should be implemented by the entry into force of the legislation; or approved by the Federal Executive Council (specified in the Constitution) or through the powers given to individual ministers.

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Cabinet privacy

Ministers have to support the cabinet’s collective decisions and the discussions in the cabinet are absolutely confidential.

Most people are surprised to find out that the cabinet privacy is not to keep the issues mentioned by the cabinet. Cabinet confidentiality protects the doctrine of only three things; Cabinet solidarity, collective responsibility of the cabinet and the decisions of the cabinet (until).

Without the Cabinet Solidarity or collective responsibility, the trust, which is probably the Cabinet, will probably be given the vote of ‘No Trust’ in which the Parliamentary Assembly was rejected by the general governor by using reserve powers in the government.

It was not doubtful that the negotiations of the cabinet remain confidential for the public interest in order for its members to change the principle of collective responsibility for any decision that can be made at the same time. Supreme Court in the 1993 case Commonwealth V North Land Council He confirmed this.

When there is no attack on the FLip side, collective responsibility attack or cabinet solidarity bond, there is no basis for the implementation of a safe cabinet privilege.

Department Advice is not Cabinet Information

Cabinet privacy does not protect the ministry presentations (not the minister, but the opinions of a department or agency). A cabinet presentation may have the same information as a ministry presentation, but the second is not only protected because it contains the opinions of the authorities.

Descriptive agreement for the notification of the Amendment of the Albanian Amendment Law “Operation of cabinet exemption… To ensure that the cabinet privacy and the principle of the principle of the responsibility of the collective ministry (at the center of the government’s cabinet system)”.

This expression is consistent with the purpose of the cabinet privacy doctrine, but the FOI Amendment law goes far beyond that, instead, the public opinion greatly increases the scope of the exemptions of the cabinet’s exemptions.

As you can see, don’t get an aggressive confidentiality.

Cabinet shipments

Current FOI law, raid The purpose of offering a cabinet.

A minister may receive a summary from his departments and like what is in it, asking for a new document to be prepared to submit to the Cabinet (in accordance with the opinion of the department). The new document, a cabinet delivery will normally be prepared in a cabinet template.

It is easy to state that the document is not in a cabinet template while challenging the claim that a document is a cabinet presentation by the government.

The proposed change will weaken the test change from the ‘dominant purpose’ ‘important’ purpose. The government says that it recognizes this “The documents can be created for multiple purposes and even if the cabinet assessment is not created for the ‘dominant purpose’, it can disclose precise information about the cabinet issues, or to make a briefing in a document to be sent to take into account the cabinet.. “

This change will ensure that more documents are exempted to the cabinet. Many people do not object to false claims, but for those who do this, this change will make it much more difficult for applicants.

The bill is also a minister or departmentsParticipate with a specialist to prepare advice or report to be evaluated by the cabinet.“Due to its nature, it expands the cabinet privacy to meet the views of these consultants.

The opinions given to the Cabinet by PWC, Deloitte or another advisor will now be hidden for 20 years.

Cabinet summaries

The next change is even better – if you’re a government.

Currently, a cabinet sending summary is maintained; This is a document that refers to a cabinet, summarizes a cabinet presentation and tells the Minister what to emphasize from other ministers and how to deal with the opposition.

In accordance with new laws, exemption has changed to prohibit access to any document on a topic that the cabinet can speak.

If the government investigates the possibility of prohibiting the use of any hybrid or non -hybrid or electrical vehicle beyond 2027 (yes, there may be arguments on both sides of this offer) then any It can be claimed to have a cabinet certificate that goes to the minister.

This change will make the department advice (we pay) inaccessible. There can be no difficulty and even support this advice. There will be no informed debate about the new policy.

Copies and summary

A document with a copy or part of the cabinet document cannot be explained.

The proposed laws maintain the current exemption, but then expand the privacy blanket on something that summarizes, identifies or expresses the content of a cabinet document.

If a document talks about a new policy, it may refer to the content of a cabinet document by a court or court. It would be difficult to claim that he did not draw attention in a court or court, it would be difficult to claim that he cannot see the Challenger cabinet document or the document he has summarized, defined or expresses.

No light to shine

In 2024, the Full Federal Court found that there was no order of exemption in the current FOI law ”The information contained in the documents that are not on the face reveals cabinet negotiations or decisions to a person who is not aware of the decision of the cabinet or the decision is made on a particular subject.. “

Albanians do not have any of them. If it is considered by the atopic cabinet, the Australians should know that they are taken into consideration.

Hide the facts

The FOI law did not prevent the disclosure of the facts in a cabinet presentation, because the facts are not the views of a minister and cannot.

However, this will change under new laws. Any fact that can give a clue to the fact that Albania’s new Total Privacy Club is mentioned.

The facts of the cabinet will require a 20 -year waiting for the public to see them.

Kim Jong -UN Award

At the top of the article, the cabinet is an organ that deals with important national issues. The effect of the changes described in this article will be to see that the Australians never remove the curtain and how important national issues are discussed and/or how they approached at the department level.

During the Covid pandemi, I fought Scott Morrison national cabinet privacy. I had the struggle because it was completely inappropriate for a political body to make decisions that restrict freedom without democratic participation and examination. I was able to win this war because Scott Morrison’s declaration of privacy was inconsistent with the law.

Albanian is smarter than Morrison. He tries to apply privacy by changing the law.

The government did not point to an example in which collective responsibility and cabinet solidarity were weakened with a FO demand. The courts protected the cabinet doctrine many times.

Morrison’s reign as prime minister represented a low point for the transparency of the government in Australia. Albanians do not want to shoot for ‘Kim Jong Un’ State Privacy Award. \

FOI change invoice. Transparency counter-revolution.