Sandy Hermiston has come down in favour of the commercial interests of the cruise companies over the public interest in the deal the government wants to sign.

Last December CNS made a freedom of information request to the Ministry of Tourism for the letters of intent between the government and two cruise lines in relation to cruise project, as well as information about the passenger commitments made by the cruise companies, the timelines, the involvement of Cabinet and its approval of terms, as the procurement process was ongoing at the time, and the total financial commitment.

The request was refused a month later. However, since the chief officer was involved in the decision, we immediately appealed to the Office of the Ombudman.

After more than ten months the decision was released this week. Despite her acknowledgment of the “considerable importance of accountability and transparency in this case”, Hermiston backed the government’s position against the people that the process had to proceed in a confidential manner and it was not in the public interest for the letters to be released.

Even though the term “commercial interest” is not defined in the FOI law, the ombudsman went on to decide that these letters to be of a commercial nature and the commercial interests of the cruise lines and the government.

“The letters of intent were composed and agreed in the context of negotiations, and form an intrinsic part of the broader procurement exercise relating to the CBF. Consequently, I consider it is highly likely that their disclosure would prejudice the commercial interests represented in the records,” she wrote in her decision allowing the government to maintain a lid on critical elements of the process, regardless of the forthcoming vote.