Al-Rawi: There are reasons for non-disclosures

OPPOSITION Senator and former attorney general and minister of rural development and local government Faris Al-Rawi, SC, said freedom of information needed to be balanced, even as he declined to speak on NiQuan Energy Ltd nor reasons for refusing to disclose an investigative report into the June 15, 2023 explosion which took the life of Allanlane Ramkissoon.

Al-Rawi spoke at the opposition’s June 9 press conference.

In a High Court ruling on June 6, judge Avason Quinlan-Williams said the ministry’s refusal to disclose the report on the explosion was unlawful. Former energy minister Stuart Young responded and said he acted under advice of independent state lawyers and a senior counsel.

In a statement, Energy Minister Dr Roodal Moonilal said the former government was more concerned about exposing NiQuan to public scrutiny because it would have meant yet another PNM project failure.

Moonilal said Quinlan-Williams’ judgement was in “strong condemnation” of Young’s conduct in the matter. He promised not to perpetuate that type of political arrogance.

While Al-Rawi could not speak to NiQuan specifically, he said there were a number of reasons for non-disclosure.

As attorney general, he brought forward a process to review the Freedom of Information Act (FOIA), Al-Rawi said. This was rejected at the Parliament, he added.

“There was quite a lot of noise, by the media, in particular, to the harmonisation for any denial of requests to first come to the attorney general’s office so that the AG could review those objections.

“If there was an objection, we would then take a step to say we will grant it or not grant it.”

Al-Rawi said as AG he publicly laid all of the legal fees paid, “to every single human being.”

He said there were many FOIA requests filed under other administrations including the now sitting government.

“The freedom of information is one that has to be balanced,” he added. The non-disclosure of information, at times, also concerned whether there might be a prejudice to other legal matters like criminal and civil investigations.

He gave the example for the non-disclosure of the Clico Commission of Enquiry report and said the Director of Public Prosecutions wrote to former prime minister Dr Keith Rowley and said under no circumstances should that report be made public because of imminent criminal investigations.

He said Dr Rowley took very unprecedented steps as the PM to ensure public transparency such as appearing before special-select committees to be cross-examined, disclosing matters into Parliament and wanting to make disclosures which prosecutorial authorities instructed him not to do so.

A prime minister or minister had to be cautious when receiving advice on what was disclosable or not so, Al-Rawi said.