Appeal of court ruling for adequate insurance is in best interest of Guyana – AG Nandlall

May 11, 2023 News

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…says govt. doesn’t have the luxury of taking emotional positions

Kaieteur News – Attorney General (AG) Anil Nandlall, S.C on Tuesday night explained that being in government does not come with the luxury of taking “emotional positions” as he responded to those who criticised the government’s decision to appeal a High Court ruling which found that ExxonMobil Guyana failed to provide adequate insurance for a massive drilling project off the coast of Guyana – and ordered that the insurance be provided within30 days.

It was during his weekly Facebook programme “Issues in the News” when the AG said the aforementioned and explained that: “we (government) have to recognise what is in the nation’s best interest and act accordingly as we were elected to do and that we are doing in every one of our policy, endeavours and implementations.”

On the evening of the court’s ruling by High Court Judge, Justice Sandil Kissoon, the AG’s Chambers issued a statement signaling their intention to appeal the ruling which ordered that the Environmental Protection Agency (EPA) issue an Enforcement Notice on or before May 9, 2023, directed to Esso  Exploration Production Guyana Limited (EEPGL), to perform its obligations under Condition 14 of the Environmental Permit (renewed) and to ensure that the oil company provide adequate insurance for the Liza Phase 1 project within 30 days (on or before June 10, 2023) as required by the said permit.

During his programme, Nandlall reiterated that government is committed to appeal, which was filed on Tuesday. In a statement, the AG had said that the government is of the view that the environmental permit imposes no obligation on the Permit Holder to provide an unlimited Parent Company Guarantee Agreement and/or Affiliate Company Guarantee Agreement. He said too that Justice Kissoon fell into error in his findings adding that, “This ruling can have profound ramifications and grave economic and other impacts on the public interest and national development…”

The EPA on Tuesday filed a Notice of Appeal against the High Court ruling. Since the appeal announcement was made, the government has been heavily criticised for not working for the best interest of the people.

“So a lot was said and have been said about the ruling of Justice Kissoon last Wednesday, when his honour granted certain declarations against the EPA,” the AG said.  He continued, “The government of Guyana issued a statement in relation to that ruling and that statement has evoked great criticisms in the public domain. The President (Irfaan Ali), the VP (Bharrat Jagdeo), yours truly and indeed our entire government have been the subjects of scathing criticisms. We have been accused of being anti-nationalistic. Permit me to say first of all that our government is as nationalistic and as patriotic as they come and we have a track record in the People’s Progressive Party, we have a track record of nationalistic conduct and patriotic behaviour and postures.”

Nandlall highlighted several things that the government has done, adding that they were all done in the nation’s interest. To this end, he said, “So I’m not too worried about those allegations.”

Commenting further, Nandlall said that while the country’s has signed onto a very “skewed contract” with ExxonMobil Guyana, the country was still able to reap benefits and “is where it is now because of the oil and gas industry.” “We have a five-year plan, national developmental plan that we have to finance from revenues generated, the main source of revenue stream source in Guyana is the oil and gas industry…,” the Attorney General said.

He added that because of the Local Content Law the country raked in some US$700 million, saying that when that law is reviewed the country will be able to “draw down heavier.”

The Attorney General underscored that all of the major developments taking place in the country are as a direct result of the oil and gas industry. He said too that up to last month, the country had up to US$1.4 billion in its oil wallet. “Apparently there is a group of persons in Guyana that want to see us in a perpetual state of poverty. They object if we exploit our forestry resources, they object if we exploit our minerals, they are now objecting to us exploiting our oil reserves and gas reserves, apparently their vision for Guyana is that we must be kept to mud and we must continue to be cane cutters and rice farmers and we must not graduate out of that level…” Nandlall said before alluding that neighbouring countries have been pumping oil for 100 years, which enabled them to enrich themselves and their people, “and the world did not come to an end.”

 

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• Bharrat Jagdeo, ExxonMobil, Guyana, Judge, Justice Sandil Kissoon, Nandlall, programme, the AG’s Chambers

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