FREEDOM OF INFORMATION ACT - Gov’t Requests Extension, Enriquez Insists on FOIA ‘Access Decision’ Deadline

The Office of the Prime Minister asked for additional time to process a sweeping FOIA request on Constituency Development Fund allocations; however, the applicant insists that the law still requires an access decision within fourteen days.

The Government’s November 13th letter to public-interest litigant Jeremy Enriquez confirmed its willingness to provide the extensive CDF records he requested, but noted that retrieving multi-year budget allocations, disbursement records, vouchers, audits, and internal assessments from multiple ministries is administratively impractical within the statutory period. The Cabinet Secretary stated that compliance would require cross-referencing large volumes of documents and argued that an extension to December 15th, 2025, was necessary to prepare a complete response.

Enriquez replied on November 14th, acknowledging the scope of the work but pointing out that the Freedom of Information Act distinguishes between two separate duties: the duty to disclose within a reasonable timeframe, and the duty to render an access decision within fourteen days. He cited Section 16, which requires ministries to notify applicants of their decision—grant, deny, or partially grant—no later than two weeks after receiving the request.

He emphasized that Parliament would have been aware that ministries often need time to compile records when it enacted the fourteen-day rule, meaning administrative difficulty does not delay the legal obligation to issue an access decision. His letter therefore asked the Office of the Prime Minister to formally approve his FOIA application within the statutory window, on the understanding that disclosure of the documents could follow afterward.

Enriquez further signaled willingness to accommodate the Government’s operational constraints. With the Christmas period approaching, he stated that the proposed December 15th date may still be insufficient for compilation, and he indicated readiness to extend the disclosure deadline to January 5th, 2026, once the access decision is granted.

He concluded that failure to deliver the legally required access decision within five days of his correspondence would constitute a deemed refusal, prompting him to pursue his legal rights.