Summary

From the Court of Appeal of the Republic of Trinidad and Tobago

This appeal is concerned with the response by the National Gas Company of Trinidad and Tobago ("NGC") to a request for documents made by the appellant under the Freedom of Information Act 1999 ("FOIA"). The appellant describes himself as a social and political activist. He was formerly Minister of Transport and has also served as a Senator in the Parliament of Trinidad and Tobago. The documents requested relate to a proposed agreement between the Government of Trinidad and Tobago ("the Government") and NGC, on the one hand, and the Republic of Venezuela and the state- owned oil company, Petroleos de Venezuela SA (together, "Venezuela") on the other for the construction of a gas pipeline from Venezuelan waters to the Hibiscus platform located in Trinidad and Tobago.

It is common ground that NGC is a public body which is subject to FOIA. So far as is relevant to this appeal, NGC decided that documents in its hands falling within the scope of the appellant's request fell within certain exemptions specified in FOIA and should not be disclosed. The appellant challenges that decision.

The case raises issues of law regarding the interpretation of FOIA, the proper approach of a public body in dealing with a request for disclosure of documents under that Act and the approach to be adopted by a court in conducting a judicial review of a decision by a public body to refuse to disclose documents pursuant to FOIA. The case also raises issues on the facts regarding the interpretation of NGC's response to the appellant's request.