THEMATIC CO-ORDINATORS

Information Policy

TC-INF(2024)CB2

11 April 2024[1]

Synopsis Meeting on 22 March 2024

 

 

1.         The meeting was opened by the Thematic Co-ordinator on Information Policy (TC-INF), Ambassador Aloisia Wörgetter, Permanent Representative of Austria, who welcomed all delegations and the guests. She opened the session for the consideration of the items set out in the agenda and annotated agenda (cf. documents TC-INF(2024)OJ2 and TC-INF(2024)3 respectively).

1.         Overview of the current classification of Committee of Ministers documents

and proposals to increase transparency

TC-INF(2024)2

2.         The TC-INF informed delegations that she had invited representatives of some of the other institutions of the Organisation to present the rules governing the transparency of their documentation in order for delegations to have a broad understanding of their rules and procedures in this respect. She welcomed the representatives of these bodies - Valérie Clamer, Head of the Table Office, Information Management and Events Department of the Parliamentary Assembly; Sarah Burton, Head of the Table Office of the Congress of Local and Regional Authorities and Mr Klaudiusz Ryngielewicz, Director of Filtering and Support Services of the European Court of Human Rights. Their presentations have been distributed in document DD(2024)105. Following a brief exchange of views, John Hunter, at the invitation of the TC-INF, gave a brief presentation concerning the migration of all Council of Europe search sites to a uniform user interface which should be launched on 11 April 2024.

3.         The TC-INF then invited delegations to return to the item on the agenda, focused on the overview of current classification of the Committee of Ministers documents and the proposals to increase transparency as they appeared in section 4 of the document. She also drew attention to section 6 of the document suggesting elements for a possible future mission statement or transparency framework. Finally, the TC-INF invited delegations to examine the proposals made by one delegation in DD(2024)88 distributed the previous day.

4.         The TC-INF proposed to structure the discussions; beginning with the transparency of documents, continuing with the transparency of meetings and finally assessing how the two link into the bigger picture and what the next steps should be. She informed delegations that her aim was to report back to the Liechtenstein Presidency that as a result of the discussions so far there is a better awareness among delegations about procedures, that a list of improvements on current practices was being considered as well as, following on from the Reykjavík mandate, a future oriented mission statement/transparency framework.

Transparency of documents

5.         The Group proceeded to examine each of the proposals in section 4 of document TC-INF(2024)2. Several delegations expressed their appreciation for the document which provided a useful overview of the current situation and considered the proposals in section 4 interesting. The results of the discussion of the proposals were as follows:

-     with regard to the first proposal on the reduction of classification periods, there were no objections to bring down the classification period for secret documents from 30 to 15 years, and for confidential documents from 10 to 5 years. Many spoke in favour of maintaining the one-year classification of “restricted” documents; 

-    regarding the proposal to declassify abridged reports of steering committees when published as CM documents (in order to address the inconsistency that often such reports are public when issued by the steering committees, only to be re-classified for a few months and declassified again after adoption in the CM) a couple of delegations were unable to support this proposal at present;

-    there was no consensus to declassify provisional versions of CM documents. In this respect one delegation considered that making provisional versions of CM document public would not serve the purpose of transparency, but could create more confusion on the work of the Committee of Ministers; furthermore, if provisional replies to written questions from the Parliamentary Assembly, or to recommendations from the Assembly or the Congress, were to be made public, this may, according the this delegation, negatively affect the Committee of Ministers’ procedure for the adoption of replies;

-    with regard to the classification of DD documents, in the light of reservations expressed and the fact that it is a system that is very widely used, delegations that took the floor acknowledged that the matter required an in-depth consideration of more detailed proposals; in this respect, it would be important to consider defining a classification period for DD documents which currently remain classified forever unless otherwise requested or decided;

-    the proposal relating to the declassification of draft agendas for the coming month was acceptable to all but one delegation;

-    there was agreement on the proposal to consider how data protection rules affect the classification of CM documents;

-    the proposal to reverse the question in the annual declassification procedure for documents relating to “human rights” and “monitoring meetings” could be accepted by all but one delegation.

6.         A few delegations took note of and/or expressed an interest in the proposals made in document DD(2024)88 (both with regard to documents and meetings), but stated that they had not had the time to consult their relevant authorities. It was noted that the proposals would require changes to the Committee’s rules of procedure. Delegations indicated that they would inform the TC-INF of their formal positions before or during the next meeting.

Transparency of meetings

7.         The discussions then focused on what consideration might be given to improving the transparency of Deputies meetings, ministerial sessions or other events, and their outcome, for example through web-streaming, but also beyond live-streaming, such as through press conferences, press releases or news items on websites. TC-INF directed colleagues to existing rules which already give a broad range of options. Several delegations took the floor, expressing diverging views, in particular regarding the live streaming of Deputies and/or ministerial meetings, and the practical consequences of such direct transparency of CM meetings. Others held that this discussion should be considered a first step in examining all possible ways of improving transparency of meetings. The TC-INF underlined that the Committee of Ministers and the Ministers’ Deputies have different rules of procedure which will be borne in mind during reflections.

Ministerial Sessions

8.         With regard to the live-streaming of ministerial meetings, the TC-INF clarified the current guidelines. Openings of certain ministerial meetings has been web-streamed in the past based on ad hoc decisions[2]. At present, for ministerial sessions, if the incoming and outgoing presidents of the Committee of Ministers agree that parts of a ministerial session should be public, this can be proposed to and decided by the Committee of Ministers.

9.         The TC-INF suggested that delegations return to the question of transparency of ministerial sessions after the upcoming session to take place in May and with this experience in mind.

Deputies’ Meetings:

10.       With regard to the live-streaming of Deputies meetings, the TC-INF clarified that the current rule is that meetings are held in private unless the Deputies decide otherwise. The TC-INF encouraged to weigh all aspects of the Council of Europe’s intergovernmental work: the need for a “safe place” as well the responsibility for openness.

11.       The TC-INF reminded colleagues that audio recordings are a new form of documents not yet covered in a structured way by current rules and offered to look at the issue of the audio recordings of Deputies meetings which are presently kept for 6 months in accordance with a decision of Deputies.

12.       Several delegations expressed an interest that a mission statement/transparency framework, as outlined in section 6 of the document be drafted, in line with the Reykjavik Declaration, setting the Organisation on a new path of increased transparency and co-operation with its stakeholders, with strengthened visibility and sufficient resources.

13.       To sum up on the discussions, the TC-INF thanked delegations for their contributions. With regard to the transparency of documents, she noted discussions had advanced, and invited the Secretariat to prepare a more detailed proposal with regard to the treatment of DD documents. With regard to the transparency of meetings, she proposed to resume discussions after the ministerial session. Meanwhile, delegations were invited to submit their positions and ideas on this issue to the Secretariat ([email protected]), including with regard to the proposals made in DD(2024)88 which relate to the transparency of documents and of meetings. The Secretariat may then prepare a consolidated document of contributions from delegations for consideration at the next meeting.

14.       Bearing in mind section 6 of document TC-INF(2024)2, the TC-INF invited delegations to submit concrete proposals and ideas that could be used as the basis for such a mission statement as soon as possible. A draft document will be prepared for the next meeting of the TC-INF.

15.       The TC-INF also proposed to delegations that the Communication Strategy of the Council of Europe be discussed during a forthcoming meeting.

16.       Finally, one delegation, supported by three other delegations, expressed the wish for a “deliverable” on the issue of transparency for the May Ministerial Session. Two other delegations considered that it was not necessary to rush the discussions on the issue. The TC-INF responded that whilst she had also hoped to be able to present a result to the ministerial session, she would consult with the President of the Ministers’ Deputies with regard to the feasibility of preparing a substantive deliverable and to hear the Presidency’s expectations in this regard.

2.         Any other business

17.       None.

3.         Date of the next meeting

18.       The next meeting is scheduled to take place at 10.00 am on 21 May 2024.