Activist sues Health Minister over CDAP info

SOCIAL activist Hershael Ramesar has sued the Minister of Health alleging a failure to comply with statutory obligations under the Freedom of Information Act (FOIA).

The lawsuit, filed in the High Court after an order by Justice Ricky Rahim on March 12, seeks several declarations and orders compelling the ministry to provide the requested information relating to the Chronic Disease Assistance Programme (CDAP).

Ramesar, a former public official and long-time advocate for government transparency, submitted a FOIA request on January 13. The request sought detailed records regarding CDAP including lists of available medications, supplier details, and expenditures between 2015 and 2024.

The lawsuit says under Section 15 of the FOIA, the ministry was required to respond within 30 days – by February 12 – either approving or denying the request. However, after an initial acknowledgement on January 16, no substantive response was provided within the statutory time frame.

On March 6, 52 days after the original request, via an email from a representative, the ministry sought an additional 30-day extension without offering any justification. Ramesar’s attorney objected, stating the FOIA does not provide for such extensions.

Ramesar contends the ministry's delay and failure to respond violated the Act and principles of procedural fairness. His lawsuit seeks several court declarations, including: that the Minister of Health breached statutory duties by failing to respond to the FOIA request within the mandated 30-day period.

He also wants the court to declare that the ministry's inaction is unlawful and the failure to provide a timely response deprives him of his legitimate expectation to receive the requested information.

Ramesar also wants the court to order the ministry to respond to his FOIA request within seven days and provide the requested documents within the same period.

His lawsuit says CDAP provides free medication for chronic illnesses and reportedly cost taxpayers $246.3 million between 2020 and 2024. His request also seeks records of expired medications and stock shortages.

“One of the ministry’s key initiatives is the Chronic Disease Assistance Programme, which was launched on February 21, 2003, as a government initiative to provide free prescription drugs and pharmaceutical items to citizens suffering from chronic illnesses.

“Initially, the program focused on addressing the needs of the elderly population (over 65 years old) and included twenty (20) pharmaceutical drugs for illnesses such as diabetes, hypertension, glaucoma, and cardiac diseases.

“Since its inception, CDAP has expanded its scope. It now includes a wider range of illnesses such as asthma, arthritis, mental depression, epilepsy, hypercholesterolemia, Parkinson’s disease, thyroid diseases, and benign prostatic hyperplasia and is now available to all citizens, regardless of age.

“CDAP now operates and is accessible through over 250 pharmacies across Trinidad and Tobago, aimed at ensuring accessibility to medications for all citizens,” the lawsuit says.

Ramesar argues that the ministry’s actions – or lack thereof – are unlawful, unreasonable, and a violation of public trust.

The claim was filed on March 19.

Attorneys Jagdeo Singh, Vashisht Seepersad, Saddam Hosein and Satesh Singh represent Ramesar.