PATI CABINET OFFICE INFORMATION STATEMENT

Name of Public Authority:   Cabinet Office Headquarters

Introduction:

The purpose of the Public Access to Information Act is to-

• Give the public the right to obtain access to information held by public authorities to the greatest extent possible, subject to exceptions that are in the public interest or for the protection of the rights of others;

• Increase transparency, and eliminate unnecessary secrecy, with regard to information held by public authorities;

• Increase the accountability of public authorities;

• Inform the public about the activities of public authorities, including the manner in which they make decisions; and have more information placed in the public domain as a matter of routine.

Section A: Structure, Organization and Legislation  [s5(1)a]

Structure of the Authority:

Deputy Head of the Public Service

Directly responsible for:                       

Department of Employee and Organizational Development

Safety and Health

Permanent Secretary for the Cabinet Office

Directly responsible for:

Management of the following Departments/Sections:

Information and Digital Technologies

Planning

Post Office

Office of Project Management and Procurement

Libraries and Archives

The Cabinet Office employs the following staff or consultants: 

Office of the Premier 

• Premier’s Executive Assistant

• Premier’s Aide

• Senior Advisor

• Head of Operations 

• Senior Media & Engagement Officer

Office of Secretary to the Cabinet                                    

• Secretary to the Cabinet [CS]                                           

• Executive Assistant to the CS

• Administrative Assistant

• Policy Analyst

• Administrative Officer with specific responsibility for accounting and administration for   Cabinet Office Headquarters

Protocol Office

• Chief of Protocol

• Caretaker at Camden

London Office

• Director & UK Representative

• Deputy Director 

• Administrative Officer & Assistant to the Director

• Consular Officer

Office of Head of Public Service

• Head of the Public Service [HOPS]

• Executive Assistant to the HOPS

• Permanent Secretaries

Office of Deputy Head of the Public Service [DHOPS]

• Deputy Head of the Public Service [DHOPS]

• Administrative Assistant to DHOPS

• Project and Policy Coordinator

• Safety and Health Officer

Office of Permanent Secretary for the Cabinet Office and Digital Innovation

• Permanent Secretary [PS]

• Executive Assistant to the Permanent Secretary and the Minister for the Cabinet Office and Digital Innovation

• Ministry Comptroller
• Senior Finance Officer

Policy and Strategy Section

• Manager

• 2 Policy Analysts

Legislation

Governing Legislation: 

• United Kingdom Instrument SI 1968 No. 182 – THE CONSTITUTION OF BERMUDA, Bermuda Constitution Order 1968;

• Statutory Instruments Act, 1977;

• Good Governance Acts 2011 and 2012;

• Public Service Commission Regulations, 2001;

• Public Service Commission (Delegation of Powers) Regulations 2001

• Public Access to Information Act, 2010;

• Personal Information Protection Act 2016;

• Ministers (Change of Responsibilities and Style) Order 2011;

• Ministers and Members of the Legislature (Salaries and Pensions) Act 1975

• Premier and Opposition Leader Personal Staffs Act 1983

• Commissions of Inquiry Act 1935

• Lotteries Act 1944; and

• Occupational Safety and Health Regulations 2009.

Section B: 1) Functions, powers, duties of the Authority  [s5(1)b]

Role of The Cabinet Office 

The Cabinet Office is at the heart of Government, providing services to Cabinet, the Premier and Ministers of the Government.  The Cabinet Office also co-ordinates initiatives on cross cutting issues; and acts as the corporate headquarters for the Civil Service, providing services, advice and guidance to other government departments and by extension, to the wider public sector.

The primary objectives of the Cabinet Office include:

• Strengthening governance, transparency and accountability across the public sector;

• Delivering efficient and effective services to the Premier, Ministers, and Cabinet;

• Providing oversight and coordination of the Public Service;

• Raising the quality of service delivery across the Public Service;

• Developing and improving Government policies as well as providing assistance to all Departments in the implementation and coordination of those policies; and 

• Leading and giving support to initiatives to modernize business systems and processes in government.

Role of The Cabinet

The Cabinet consists of the Premier and at least six other members of the Legislature. The Governor appoints as the Premier the member of the House of Assembly who appears to him best able to command the majority of the members of that House. The Ministers are appointed by the Governor in accordance with the advice of the Premier. The Premier and the Ministers are the Cabinet for Bermudaresponsible to the Legislature. The Premier and the Ministers are charged with responsibility for the conduct of any business of the Government including the administration of any department of government.

The functions of the members of the Cabinet are: the final determination of policies and the co-ordination of government departments. The Cabinet meets in private and its proceedings are confidential. Its members are bound by oath not to disclose information about its proceedings. Normally the Cabinet meets once a week. 

Ministerial responsibility refers both to the collective responsibility that Ministers share for government policy and actions and to the Ministers’ individual responsibility to Parliament for their ministries’ work. The doctrine of collective responsibility means that the Cabinet acts unanimously even when Cabinet Ministers do not all agree on a subject. Once the Government’s policy on a matter has been decided, each Minister is expected to support it or resign. The policy of departments must be consistent with the policy of the Government as a whole.

The exercise of these functions is vitally affected by the fact that the Cabinet is a group of party representatives, depending upon majority support in the House of Assembly.  On rare occasions, Ministers have been allowed free votes in Parliament on matters involving important issues of conscience. 

Section B: 2) Obligations under PATI Act  [s5(1)b]

Same for all public authorities

To provide an information statement for the public and promulgate it [s5],

• To provide other information to the public so that the public needs only to have minimum resort to the use of the Act to obtain information [s6].  This includes:

  • General information, e.g. activities of the Authority

  • Log of all information requests and their outcome

  • Quarterly expenditure (upon request) [s6(5)]

  • Contracts valued at $50,000 or more

• To respond to information requests in a timely manner [s12-16];

• To track information requests, and provide this data to the Information Commissioner;

• To respond to request from the Information Commissioner [s9];

• To amend personal information held by the Authority that is wrong or misleading following a written request by the person to whom the information relates [s19];

• To conduct an internal review if formally requested [part 5];

• To give evidence for review by the Information Commissioner [part 6, 47(4)], or for judicial review [s49], if required; and

• To provide an annual written report to the Information Commissioner of the status of information requests [s58 (3)].

• To do anything else as required under the PATI Act and subsequent Regulations [s59, 60], including:

  • Calculate fees for requests for information;

  • Management and maintenance of records;

  • Ensuring procedures are in place for administering the Act;

• To train staff and make arrangements so as to facilitate compliance with the Act [s61]; and

• To designate one of its officers to be the person to whom requests are directed [s62].  

Section C: Services and Programmes [s5(1)c]

Services and Programmes:

Office of the Premier

• Provides secretarial and administrative support to the Premier;

• Provides strategic support to the Premier regarding government-wide special projects; and

• Provides public affairs support.

Office of the Secretary to the Cabinet 

• Is the Premier’s principal advisor on policy matters;
• Provides strategic and business planning management to the Cabinet;
• Provides secretarial and administrative support to the Cabinet; and
• Has the overall responsibility for the development of public policy across the Government.

Office of the Head of the Public Service

• All matters internal to the operations of the Public Service;
• Ensures oversight of performance for the strategic reform of the Public Service;
• The development and maintenance of the Conditions of Employment and Code of Conduct (CECC);
• Oversees the conduct of Public Service disciplinary matters;
• Chairs the Public Service Executive
• Responsible for Government union negotiations; and
• Wellness.

Office of the Deputy Head of the Public Service 

• Responsible for the implementation of Public Service Strategic Plan;
• Responsible for digital transformation of the Public Service; and
• Responsible for occupational safety and health of the Public Service;

Permanent Secretary to the Minister of Cabinet Office and Digital Innovation  

• Management of the Cabinet Office Departments/Sections

Protocol Office

• Organization & co-ordination of official functions and ceremonial proceedings;
• Maintenance of the Precedence List;
• General administration and management of Camden, the Premier’s social hosting venue;
• General administration and management of Clifton (when Premier is in residence); and
• Assistance with the adherence to Diplomatic Protocols with respect to visiting dignitaries.

Policy and Strategy Section

• Policy and Strategy Development as it relates to:
• Providing support for national and operational initiatives as requested by the Honourable Premier and the Secretary to the Cabinet;
• Providing services to Ministries ranging from policy development through to the legislative process; and,
• Advancing the coordination and development of cross-ministry policy initiatives.
• Cabinet Memoranda

Drafts Cabinet Memoranda,

Reviews of and provide guidance/assistance with drafting Cabinet Memoranda,

Provides Writing Cabinet Memoranda workshops

PATI/PIPA Unit 

• Coordinates the PATI and PIPA legislation.

• Encourages and reinforces a culture of transparency and data protection within the Government.

• Works in collaboration with the Offices of the Information Commissioner and Privacy Commissioner in the focus on transformative change in the Government and our jurisdiction.

• Administers the Government’s PATI regime.

• Implements and manages the Government’s privacy framework.

• Works with the Office of the Privacy Commissioner to support the jurisdiction’s application for adequacy with the European Union (EU) and other jurisdictions, the development of a recognition regime to deem other jurisdictions adequate to transfer data into Bermuda and to promote and build awareness of privacy in the community.

London Office

• Works alongside the British Overseas Territories to ensure the collective interests of the Governments of the Overseas Territories is adhered to at policy decision making within His Majesty’s Government.

• Assists in guiding policy recommendations from the UK and EU on all Government sectors where it concerns Bermuda.

• Responsible for Bermuda’s engagement at the annual Joint Ministerial Council (JMC).  (Note: 

• JMC is the annual forum for dialogue on collective policies set between the UK and the British Overseas Territories)

• Represents the Government of Bermuda at all UK and EU based conferences, events, international organizations (where Bermuda is permitted to be represented), ceremonies and meetings (where Bermuda is required to be represented) as directed in policies set by the respective Ministries. 

• Provides full consulate assistance to Bermudians living, studying, working and visiting the UK and EU.

• Handles immigration enquiries and providing assistance to persons visiting Bermuda.

• Assists in immigration and residency requirements to Bermudians living, studying, working and visiting the UK and EU.

• Liaises with London based Embassies, High Commissions and the UK Diplomatic Corp to maintain international relations and work with other jurisdictions on combined interests.

• Coordinates of all Government of Bermuda events to the UK and EU.

• Promotes Bermuda as an international financial centre of choice.

• Maintains relationships with UK companies that are domiciled in Bermuda.

• Provides first class office facilities for the Government of Bermuda and Bermuda based associations who promote Bermuda by means of meetings, seminars, presentations and interviews.

• Provides the opportunity for Ministries and Departments to operate UK based satellite offices, to access their UK and European market.  (Note: The London Office currently houses the Department of Civil Aviation Satellite Office. 

For further information, please refer to Section C of the information statements for the following areas:

• Bermuda Post Office

• Department Employee and Organizational Development 

• Department of Planning

• Libraries and Archives; and 

• Office of Project Management and Procurement

Section D: Records and documents held [s5(1)d]

List and describe the classes of records held by the authority: 

Electoral Boundaries Records and Election Procedures 

• Boundaries Commission Reports 

• Election Guidance Notes 

Cabinet Records 

• Cabinet Conclusions 

• Cabinet Memoranda and Annexes

• Cabinet Minutes

• Speech from the Throne

Strategic Documents

• Public Service Strategic Plans

• Public Service Strategic Plan monitoring documents

• Digital transformation strategic and operational documents

Public Service Disciplinary Hearings Records

• Public Service disciplinary documents and decisions

Public Service Records 

• Public Service Executive Meeting Minutes 

• Leadership Team Minutes

• Cabinet Office Heads of Department Minutes

Administrative Records 

• Annual Budget Briefs which describe the activities of Departments the previous year and supports the proposed budget for the next year.

• Applications and approvals for acting, and temporary relief staff and consultants. 

• Appraisal documents for Cabinet Office staff.

• Travel and overseas training records.

• Contracts (from external consultants) for Government Projects. 

• Safety and Health Reports (Findings and Recommendations of the Health and Safety Officer).

Procedures and Codes of Conduct for Ministries and the Public Service 

• Ministerial Code of Conduct; and

• Precedence List – describes how dignitaries are addressed and treated in official settings. 

International Conventions and Treaties 

• Various international conventions and treaties; and 

• General Entrustment documents that delegate retained UK powers to the Government of Bermuda.

Policy Documents 

• Green Papers (official consultation documents produced by the government for discussion both by the legislature and by the public, for instance when Cabinet is considering introducing new significant legislation; e.g. the Green Paper on Long-term Residents). 

• White papers (an authoritative report of the Government’s position taken once all input has been received and considered, normally prior to tabling of legislation).

• Public policy documents.

• Administrative policy documents.

• Requests for policy advice.

Applications for the King’s Honours and Awards 

• King’s Honours and Awards Reports 

Section E: Administration (all public access) manuals   [s5(1)e]

List and description of all administrative manuals/ guidelines used by employees for administering or carrying-out activities:

• Conditions of Employment and Code of Conduct for the Public Service

• Financial Instructions

• Guideline on hiring freeze with exemptions          

• Guidelines for PATI procedures                   

• Guidelines for State, Official and Recognition Funerals

• Job Evaluation Policies & Procedures Manual 

• Election Guidance Notes for Public Officers Serving the Government of Bermuda

• Making Public Policy Happen, guidance document

• Project Management & Procurement Code of Practice 

• Writing Cabinet Memoranda, guidance document

• PATI Administrative Codes of Practice

Section F: Decision-making documents  [s5(1)f]

List and description of all policies and guidelines for decision making in respect to any person:

• Public Service disciplinary documents and decisions.

• Reports of Government client projects (forms the foundation of Cabinet Memoranda.)

For further information, please refer to Section F of the information statements for the following areas:

• Bermuda Post Office;

• Department of Employee and Organizational Development;

• Department of Statistics;

• Department of Planning;

• Office of Project Management and Procurement; and

• Bermuda Economic Development Department.

Section G: The Information officer [s5(1)g]

Name and contact information: 

Requests for information shall be in writing and directed to Reception at the Cabinet Office 

Headquarters; from there they will be directed to the Information Officer, Maj. Marc Telemaque, who is currently the designated Information Officer for:

• The Cabinet Office; 

• London Office;

• Management Consulting Service; 

• Policy and Strategy Section; 

• Protocol Office; and

• Safety & Health Office.

In addition, requests for information may also be sent directly to the Information Officer:

Maj. Marc T. Telemaque

The Cabinet Office 

105 Front Street

Hamilton HM 12

Telephone: 441 292-5501

Email: mtelemaque@gov.bm  

Section H: Any Other Information  [s5(1)h]

None

Section I: Any Other Information To be Provided?  [s5(1)i]

None 

Section J: Information Statement: Copies and Updates  [s5(2,3,4,5)]

Every public authority shall update its information statement at least once a year, and make it available for inspection by the public at reasonable times by [s5(1-5), PATI Act]:

Date Information Statement was updated:           

Locations of Information Statement:         

Confirm copies of Information Statement are available at the following sites: 

• Your principal office:  Reception, Cabinet Office, 105 Front Street, Hamilton HM 12         Y

• The Bermuda National Library;                                                                                        Y

• The Bermuda Archives;                                                                                                   Y

• Available electronically, email: mtelemaque@gov.bm                                                           Y

• Website for public authority www.gov.bm – [Cabinet Office Home page].                              Y

• Have you published a notice in the Gazette indicating the places where the information statement is available for the public?                                                                                                                            Y

• With the Information Commissioner.                                                                               Y

                                 Sign and Date: