Ramesh tells govt to withdraw FOIA amendments

FORMER attorney general Ramesh Lawrence Maharaj has said while he did not want government to think he is threatening legal action over the proposed amendments to the Freedom of Information Act (FOIA), nonetheless he would pursue both legal and public campaigns to ensure the amendments are not made law. The amendments are in the Miscellaneous Provisions (Tax Amnesty, Pensions, Freedom of Information, National Insurance, Central Bank and Non-Profit Organisations) Bill 2019, which was scheduled to be debated in the House of Representatives yesterday. But by 7pm, debate on the Miscellaneous Provisons (Financial Institutions Securities and Insurance) Bill 2019 was still in progress.

At a media conference at his Irving Street, San Fernando law office yesterday, Maharaj described the amendments as “undemocratic,” saying they would “hinder, obstruct and frustrate” people seeking information from government or state institutions.He said, “I feel very strongly about this piece of legislation and I have decided that if the government intends to pursue this and make this law, that I will not only file legal proceedings in order to challenge any such amendment, I would also go public and mount a public campaign against the government to show how undemocratic these amendments are...and to put public pressure on the government to repeal any act which it passes in respect of these amendments.”

Maharaj, under whose watch as AG the FOIA was made law said initially the bill had required a special majority in Parliament, but this had been changed to a simple majority as the Basdeo Panday government did not receive support from the PNM Opposition.Asked how he would challenge the amendments if only a simple majority is required, he said the proposed amendments required a three-fifths majority. as the right to hold opinions and the freedoms of opinions and expressions are guaranteed in the Constitution.“It has been held in cases that an essential component of the right to hold opinion and the freedom of expression is the right of the individual to seek information from the government and to get that information, so if the bill, under Section 13 of the Constitution, is inconsistent with that right, it needs a three-fifths majority,” he argued.

He said the proposed amendments would create a culture of non-disclosure, as public authorities would now “pass the buck” to the AG regarding requests for information, and people would now have to seek the court’s intervention in the process. Maharaj is scheduled to be one of the speakers at a forum on the amendments organised by the Media Association and scheduled for Saturday at the Hotel Normandie, St Ann’s.