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Achilles heel of parliamentary journalism

On April 27, MP Olesia Orobets has reported that press-service of the Verkhovna Rada is limiting access of journalists with accreditation in parliament to meetings of committees. In an article titled "Access to information: under which thimble?", the politician states that mass media representatives were demanded receiving of additional permission from committee heads to attend committee meetings. As an answer to the publication of Olesia Orobets, a statement was published on the Verkhovna Rada's site, informing that the access of accredited journalists to parliamentary premises is not restricted. Press-service has informed that it adheres to a Resolution passed in 2011, which secures free access of journalists to the mass media lodge, Verkhovna Rada's lobbies, as well as parliamentary premises during public events, and open meetings of committees and temporary commissions.

Despite civil servants are denying any hindrances to journalists working on meetings of committees, Olesia Orobets affirms the contrary. Accredited in the VR journalists have already asked my assistance when demanded additional permission from the Press-service and leadership of the committees to get into open meetings committees, – tells the Member of Parliament. – I had to talk personally to the guard, officers in charge, and press-service. It's easy to confuse anyone, but not parliamentary journalists, which know the procedure of access very well.

Legislative base concerning assess of journalists to the premises of the Parliament is becoming morally outdated

Verkhovna Rada provides no standard procedure of receiving access to public events, and meetings of committees in particular, for journalists. Paragraph 7 of Regulations for the Accreditation of Journalists and Media Technical Staff, which the Press Service refers to, guarantees the access of journalists:

• through the entrance #1 to mass media lodge and lobbies near the Session Hall (but not including it) on 5 Hrushevskoho St., during sittings of the Verkhovna Rada of Ukraine;
• to the corresponding premises of the Verkhovna Rada of Ukraine during briefings, press-conferences, round tables, and other events open for mass media attendance;
• to the corresponding premises of the Verkhovna Rada of Ukraine during open sittings of committees and temporary commissions of the Verkhovna Rada of Ukraine.

However, in practice, the access of journalists to premises where sittings of the committees are held, is implemented in correspondence with a Resolution as of 2006, which requires agreeing participation of the press with the corresponding committee head or the Press Service. The guard will not let journalists in till they find the necessary surname in an invitation list. The preliminary agreement, as well as accreditation card, doesn't secure a place for you in the "list of chosen". Everything depends on the goodwill of committee members. While some give permits without any problems, the others use regulations of the out-of-date document issued in 2006, which limits access to committees. The Committee on Budget, Committee on National Security and Defense, Committee on Rules of Parliamentary Procedure, Ethics and Support to Work of The Verkhovna Rada of Ukraine belong to the latter. It's relatively easy to receive permits to meetings of the Committee on European Integration, Committee on Science and Education, and Committee on Legislative Support of Law Enforcement. However, no matter how complex the procedure is, the access of journalists to meetings is restricted, what is contradictory to regulations of the Resolution passed in 2011.

Some examples which illustrate openness of committees

In March, journalists of the national mass media were not allowed to enter the meeting, during which members of the Budget Committee have determined the fate of almost 2 milliard UAH. To do this quietly, guardsmen on the entrance were telling mass media representatives that the meeting was canceled. On 6/8 Bankova St., guardsmen informed us that the meeting of committee was canceled, – tells journalist Yevheniia Motorevska. – We asked members of the Committee. They refuted the information. We were not allowed to enter even after two MPs come to control post for us. As it turned out later, the Press Service of the VR ordered the guard not to let journalists in, due to a request of the Apparatus Valentyn Zaichuk.

Moreover, it is not the solitary incident On May 22, journalists of the Tochka OPORY appealed to the Secretariat of the Budget Committee in order to receive invitation for the meeting. Journalists received an answer with recommendation to ask the the Head for permission, assuring that they will not be allowed to enter without it. The Committee on National Security and Defense adheres to the same policy. On May 15, OPORA's journalists were not allowed to enter the meeting due to the absence of invitation from the Committee Head. When representatives of the organization asked the Secretariat for such invitation, they were refused.

On April 15, the guard of Parliamentary premises refused to let TVi journalists enter the meeting of the Committee on Rules of Parliamentary Procedure, Ethics and Support to Work of The Verkhovna Rada of Ukraine. Journalists were allowed to go through metal detector frame only after the MP Ihor Shvaika came to control post. Nevertheless, journalists didn't manage to work even after they entered the meeting hall. In order to remove the press, the Committee Head Volodymyr Makeienko, who is member of the Party of Regions, has put to vote a decision on holding this meeting closed-door. Mass media representatives were allowed to freely perform their duties only after head of the abovementioned faction Oleksandr Yefremov hadn't supported the initiative of his colleague, as long as his position has determined the whole voting.

Solution of the problem

Abovementioned examples prove that committees of the Verkhovna Rada violate the Regulations for the Accreditation of Journalists and Media Technical Staff. At the same time, access of accredited journalists to media lodge and lobbies near the Session Hall during plenary sitting, as well as to parliamentary premises during public events is in accordance with the legislation. It means that the problem is in limitation of access to meetings of committees, what proves the presence of double standards in VRU openness. The easiest way to solve this issue is securing identical interpretation of the Regulations for the Accreditation of Journalists and Media Technical Staff by all the Parliamentary structures. However, even this cannot guarantee openness of committees. In Ukraine, hindrance to journalist activities is possible within lawful activities.

According to a lawyer Liudmyla Pankratova, the Law on Committees of the Verkhovna Rada of Ukraine should be amended firstly. Article 9(3) of the effective Law on Committees provides not obligation, bu the right to disseminate information about activities in the committees through the media and on official web site of the Verkhovna Rada of Ukraine, – tells the lawyer, an expert in information matters. – Moreover, the Law provides that "mass media representatives may be invited to meetings of the committees." Such regulation makes the presence of journalists during open sittings dependent on the MPs' goodwill. It's not only contrary to the Regulations for the Accreditation of Journalists, but also to the Article 25 of the Law of Ukraine on Information, which secures the right to freely access government premises.

Another paragraph of the Law on Committees determines the grounds for holding closed meetings. According to the Article 42, meetings of committees may be open and closed. However, we can only guess which criteria closed meetings have. In practice, state servants are applying this norm in order to prevent journalists from the participation. This problem may be solved if the issue is brought to correspondence with the Law on Access to Public Information. The latter regulates limitation of access to information requires taking a three-part test every time restricted information is to be published. 

• The Law on Committees of the Verkhovna Rada of Ukraine should be brought in accordance with regulations of the Law on Access to Public Information, – Liudmyla Pankratova is convinced. – In particular, the committees should be obliged to publish schedules of their meetings, including the closed ones, on the website of the Verkhovna Rada of Ukraine. Published information about closed meetings should include details of the committee decision and grounds for restricted access.  There should be exact criteria and the procedure for registering meetings as "closed". 

To sum up, the problem of restricted access to information about activities of VRU committees can be solved through making amendments to the corresponding legislation. However, even the best regulations are worthless if state servants are not motivated to adhere to them.