T&T Government Gets Breathing Space In Multi-billion Dollar Project

PORT OF SPAIN, Trinidad, CMC – An Appeal Court judge has put a temporarily hold on a lower court ruling that ordered the Trinidad and Tobago government to make available the legal advice received on the award of a TT$5.5 billion (One TT dollar = US$0.16 cents) contract to develop public property at Invader Bay, west of here.

Justice Maureen Rajnauth-Lee on Monday also set November 20, as the date for an expedited hearing of the appeal by the government.

Earlier this month, High Court judge, Frank Seepersad in a 28-page judgment ruled that the government’s  decision not to make available the legal advice to the Joint Consultative Council for the Construction Industry (JCC), was illegal, null, void and of no effect.

“The public interest in having access to the requested information there is far more substantial than the defendant’s (the ministry’s) interest in attempting to maintain any perceived confidentiality in relation to the said information,” the judge ruled.

The JCC had filed the lawsuit last year after the permanent secretary in the Ministry of Planning and Development refused its request under the Freedom of Information Act which gives members of the public the right to access official documents of public authorities.

The group had sought information on the project in November 2011 after Planning and Development Minister, Dr Bhoe Tewarie, initiated a request for proposals, bypassing the Central Tenders Board.

The ministry told the JCC it had sought legal advice from the office of the Attorney General and had been told the Tenders Board was not required to be involved.

The JCC then wrote to Tewarie asking for the legal advice under the freedom of information legislation, but after  several delays and a threat of legal action, the government refused the request on the ground that the information was exempted under the legislation, as it fell within legal professional privilege and its disclosure would be contrary to the public interest.