Right of non-disclosure for heads of public service departments

May 09, 2012 6:37 PM

WILLEMSTAD - Article 19 of the Inquiry Regulation, which regulates parliamentary inquires, states that heads of public service departments are not obligated to publish information which they think contravene the interest and security of the Kingdom or any part of such.

This article could play a role with the parliamentary inquiries into the Intelligence Service Curaçao (VDC) and predecessor Intelligence Service Netherlands Antilles (VNA).VDC and predecessor VNA handle sensitive and highly classified information. During the hearings regarding the inquiry it’s possible that witnesses or experts summoned will make use of the article in question. However, the legislator took this possibility into consideration. Articles 18, 19 and 20 of the Inquiry Regulation mention the possibility of right of non-disclosure. In conformity with the Explanatory Memorandum this right of non-disclosure serves to prevent that the interest and security of the Kingdom or a part of such is at risk. To prevent an imprudent appeal to the right of non-disclosure, the Parliament can request the Governor to test and confirm the soundness of such appeal.

The parliamentary inquiry is described in the Regulation of Order of the Parliament (chapter X) and in the National Regulation of the prevailing regulation of right of investigation (Inquiry Regulation). This regulation offers the Parliament an independent means to obtain information on a certain subject. The Parliament can use the right of inquiry to conduct the desired investigations. The Explanatory Memorandum states the control on the government is not the main issue here. Other purposes could be served besides the control on the government, for example the preparation of rules, the decision process on forming a new policy.
 
Fact remains that the conclusion of truth is the main issue with a parliamentary inquiry. This appears from the fact that witnesses can be heard under oath. Furthermore, witnesses and experts are obligated to show up. In conformity with article 3, section 1 of the inquiry regulation, ‘all those present on Curaçao territory are obligated to be heard as witness or expert upon summons issued by the committee of inquiry’ (the parliamentary inquiry committee, (editorial office)). This does not apply to the governor. He or she can only be heard with his/her permission. If a witness or expert doesn’t show up for a hearing, one can request the Court in First Instance through the Public Prosecutor to order that a witness or expert is brought for hearing. It’s also possible to imprison witnesses or experts who don’t show up.
 
The inquiry regulation doesn’t mention that the hearings of the committee are public. Article 114, section 3 of the Regulation of Order of the Parliament of Curaçao states that the records of the hearing are made public’, ‘unless the Parliament decides otherwise. The Parliament can also order the publication of other documents of the investigation.’

(Amigoe)