Energy Minister Stuart Young. - File photo by Angelo Marcelle
THE Ministry of Energy and Energy Industries spent over $55.9 million on legal fees from 2020-August 2023.
Social and political activist Marsha Walker was given this figure in a response to a freedom of information request.
On November 18, Walker’s claim came up for hearing before Justice Frank Seepersad, who was told the parties had arrived at a consensual position, and the ministry had agreed to pay Walker's $10,000 costs.
The ministry’s response the ministry provided an appendix setting out the statement of legal fees.
Walker wanted a breakdown of all payments made to attorneys or law firms from September 2015 to the present; the criteria and practices used to select external attorneys; whether competitive tenders were engaged to ensure value for money; and details of whether attorneys were publicly invited to apply for positions on the ministry’s panel of external counsel.
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According to the appendix, the ministry engaged four law firms, local and foreign, and a local senior counsel’s name was provided.
The firms were White and Case LLP; the Legal Consultancy; Dentons UK and Middle East LLP; and Fitzwilliam, Stone, Furness-Smith and Morgan.
Russell Martineau, SC, was retained in August 2023, and his fees were pegged at $50,625. the document showed.
White and Case were retained from February 2020-present. The fees provided amounted to $47,592,899.
The Legal Consultancy was retained from April 2022-April 2023 at $1,099,842.07; Dentons UK and Middle East LLP from March-December 2022 and Fitzwilliam, Stone, Furness-Smith and Morgan from August 2022-January 2023 at $767, 284.06.
The ministry’s response said the expenses were recoverable under the Petroleum Impost under the Petroleum Act. The act says companies are required to pay a royalty stipulated in their licence and contribute to the Petroleum Impost, which is used to cover the ministry’s administrative costs.
The ministry also said while the Public Procurement and Disposal of Public Property Act did not apply to legal services for public bodies, the ministry was guided by the act and its regulations, since expertise in the energy sector was limited.
It also said litigious matters are referred to the Office of the Attorney General to select external attorneys at its discretion.
On competitive tenders, the ministry’s position was that the procurement law did not apply to legal services. It also said there were no public advertisements for external counsel, since they would be retained on a recommendation based on their expertise in the energy industry, and if there was an urgent matter that needed attending.
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Walker filed a judicial review claim against the ministry, alleging undue delays in responding to her Freedom of Information Act (FOIA) request, which she submitted in August 2022. She only received an acknowledgement in February 2023.
Walker demanded transparency and accountability on the expenditure of public funds on legal fees and the policies governing the ministry’s selection of external attorneys.
In her lawsuit, Walker asserted the ministry violated its statutory duties under the FOIA, which required public authorities to provide a decision in 30 days and give written explanations for deferrals or denials.
Walker argued disclosure of the information would enable public scrutiny of how taxpayer money is spent on legal services and was essential for ensuring accountability and transparency in government expenditures.
“This case goes to the heart of public trust in how our resources are managed,” her claim said. “The public has a right to know whether their money is being spent wisely, and this ministry’s delay only raises more questions.”
“This isn’t just about legal fees. It’s about holding our leaders accountable and ensuring the public has the tools to scrutinise the decisions that affect us all.”
She was represented by Anand Ramlogan, SC, Jayanti Lutchmedial, Kent Samlal and Natasha Bisram.
