FOIA Amendments Undermine Our Democracy

Date: June 17th, 2019

Dear Editor/Newsroom,

We respectfully ask that the Office of the President intervene in this miscarriage of Justice. FOIA amendments undermine our democracy.
Politically engineered corruption is the modern plague. According to UN Secretary General António Guterres “the annual costs of international corruption amount to a staggering $USD 3.6 trillion in the form of bribes and stolen money”.

We have suffered from every imaginable, politically driven scheme – the craftily engineered Tobagonian Milsherv to Landate projects, the Trinidadian fake oil to fake water, the world’s most expensive (Audrey Jeffers) highway to “highways from nowhere to nowhere”, to purchases without public tendering for everything from medical gloves to medicines, helicopters to interceptors, fast ferries to blimps. From 1997 to 1999 the then Attorney General (AG) Ramesh Lawrence Maharaj SC consulted extensively and then rescued us with the Freedom of Information (FOIA) and Judicial Review (JR) Acts.

For twenty years we were never consulted on possible amendments to improve the effectiveness of these laws, but a week ago public-spirited citizens were jolted when the PNM “sprung a march” to delay and weaken the transparency of the FOIA. We banded together and appealed to be consulted but Cabinet stonewalled us. Finally, the Government retreated slightly but insisted that the AG must be able to tinker with the operation and independence of the FOIA. Separation of powers. This interference of the AG undermines our democracy.

A democratic government is characterized by the separation of powers-a doctrine of constitutional law under which the three branches of State (executive, legislative, and judicial) are kept separate. This system of checks and balances limits the power of each branch in order to prevent the abuse of power. Why are we changing the age-old essence of the balance of power which tinkers with the historic separation of power? This is dangerous. For example, the FOIA designate officer from the Hall of Justice or from any statutory body must report directly to the AG creating an intimate relationship between two once separate offices?

Further complications arise if any AG has such a relationship and could strategically place “their” people in pivotal positions. Wouldn’t an ill-intentioned Cabinet be motivated to ensure that the FOIA officer of a critical big budget Ministry (like the Ministry of Works for instance), be “loyal to the party”? Further delay. Additionally, our Prime Minister has misled us in that the response time to an FOIA is not 30 days, but rather at least 60+ days. If an FOIA request is denied on the 30th day, this denied request now goes to the Office of the AG to be reviewed in a further 30-day period. What will happen if the AG overrules the public officers’ refusal?

Does this not mean a further delay beyond the 60 days? This will shorten the window of opportunity if the requested information were requisite for a JR. Conflict of Interest. How is the public interest served if politicians can interfere with an inquiry into corruption? For example, if an FOIA request is about #1 Alexandra Place, would this be self-monitoring-self? The Culture of No. The culture of “no” would also now be introduced whereby FOIA officers would be encouraged to simply withdraw approvals for fear of reprisal or being overruled. So instead of a culture of openness (yes) the AGs overarching and primary authority could encourage a culture of “No”.

The 200+ listed public offices will all stand to be overruled by any AG thereby sacrificing independent status. Should we be “experimenting” with our democracy? In the interest of our citizens, we have appealed to the Prime Minister to hold his hand, and first conduct inclusive public consultations. We appeal to Her Excellency, Paula-Mae Weekes ORTT to consider our concerns and fears that the new Supervisory Jurisdiction of the AG enshrined in these FOIA amendments undermine the spirit and essence of the Act as well as the compromise the independence of several constitutional bodies. We respectfully ask that the Office of the President intervene in this miscarriage of Justice.

Sincerely,
Gary Aboud
Corporate Secretary