Prominent Chartered Accountant and Attorney-at-Law Christopher Ram has initiated legal proceedings against the Minister of Natural Resources, Vickram Bharrat, and the Commissioner of Information, Charles R. Ramson Snr, S.C., for their failure to respond to his requests for vital information under the Access to Information Act 2011.
The Access to Information Act, No. 21 of 2011, was established to foster transparency, accountability, and public participation in national decision-making by guaranteeing the public a right to access information held by public authorities.
Ram’s requests, which were first submitted in December 2021, sought access to several key documents related to the 2016 Petroleum Agreement, a landmark deal signed by the A Partnership for National Unity and Alliance for Change (APNU+AFC) Coalition Government. The requested documents include:
- A report prepared by Clyde & Co in January 2020 concerning the 2016 Petroleum Agreement.
- The Escrow Letter referenced in the Bridging Deed dated June 29, 2016.
- Information on payments made from public funds to Clyde & Co.
- Details on public expenditures related to Escrow Arrangements under the Bridging Deed.
Despite the passage of more than three years since the initial request, neither Minister Bharrat nor Commissioner Ramson has provided any response. In his pre-action notice, Ram emphasised that the information in question pertains to the expenditure of public funds, a matter of ongoing national importance. He further stated that the failure to comply with the Access to Information Act not only constitutes a statutory breach but also undermines the transparency the Act was designed to uphold.
“The information requested relates to the expenditure of public funds and is of continuing national concern. Continued failure to comply is not only a statutory breach but also an affront to the transparency obligations this Act was enacted to uphold,” Ram stated.
The pre-action notice issued by Ram grants the officials fourteen (14) days to provide a substantive response and a written explanation for the delay. If the response is not forthcoming, Ram intends to take legal action that will seek declarations of statutory breach, mandatory orders for disclosure, and potentially personal costs against the officials for deliberate evasion of their statutory duties.
Ram underscored the significance of the requested documents, which he argued are critical for the public’s understanding of agreements made by the previous administration regarding Guyana’s valuable oil resources. These resources represent substantial national assets and involve significant sums of public funds, making transparency and accountability essential.
