Judicial Review Of AG’s Challenge About Records
The Supreme Court granted leave for a judicial review application filed by the Attorney-General against the Information Commissioner, which will consider the Attorney-General’s challenge to two summonses issued by the Information Commissioner about records relating to the agreement between the Ministry of Health and the two medical clinics owned by former Premier Dr Ewart Brown; the Brown-Darrell Clinic and the Bermuda Healthcare Services.
A spokesperson said, “On 25 January 2021, the Supreme Court granted leave for a judicial review application filed by the Attorney-General against the Information Commissioner, 2020 No. 496 civ Attorney-General v Information Commissioner.
“The judicial review will consider the Attorney-General’s challenge to two summonses issued on 26 November 2020 by the Information Commissioner to the Acting Permanent Secretary for the Ministry of Health Headquarters and the Solicitor General.
“The Information Commissioner issued the summonses as part of her independent review of the Ministry of Health Headquarters’ refusal to release certain records in response to a PATI request.
“The PATI request seeks records relating to the 2017 agreement between the Ministry of Health Headquarters and the Brown-Darrell Clinic and the Bermuda Healthcare Services for payments after fees for CTs and MRI scans were reduced.
“The summonses issued by the Information Commissioner required the Ministry of Health Headquarters and the Attorney-General’s Chambers to allow the Information Commissioner to examine records that the Ministry of Health Headquarters decided fall outside the scope of the PATI Act, in accordance with section 4 of the PATI Act.”
