AG Defends Refusal to Disclose Confidential Advice on $700M NIF Transfer

Attorney General and Minister of Legal Affairs Wayne Munroe has defended his refusal to disclose confidential legal advice surrounding the $700 million National Investment Fund (NIF) transfer, insisting that his ministerial oath prohibits him from revealing privileged communications, while pushing back against criticism from the Free National Movement (FNM).

Munroe said both FNM leader Michael Pintard and former Minister of State Kwasi Thompson had sworn the ministerial oath, which expressly prohibits the disclosure of “the counsel, advice, opinion or vote of any particular Minister or Parliamentary Secretary.”

He maintained that the obligation was binding and could not be disregarded for political convenience.

“ They should know that this obligation cannot be set aside for political convenience,” Munroe said.

His statement comes amid growing controversy over his appearance before the Public Accounts Committee (PAC), which is investigating the expenditure of $700 million transferred to an account reportedly held in the name of the National Investment Fund.

Pintard previously accused Munroe of refusing to answer questions about the legal advice provided to the government concerning the transfer.

Pintard said Munroe's position could prevent Parliament from determining the legal basis for the movement and expenditure of such a substantial amount of public funds.

In a letter to Finance Minister Michael Halkitis on Wednesday, Pintard also questioned the advice Munroe reportedly gave former Attorney General Ryan Pinder, who did not appear before the committee.

Pintard said Munroe had advised Pinder against appearing because the evidence he might provide could breach legal professional privilege.

The opposition leader described that advice as unreasonable, arguing that privilege should not prevent Parliament from examining the legality of transactions involving public funds, particularly where the government had relied on the legal advice in explaining the matter to Parliament.

However, Munroe rejected the suggestion that his refusal to disclose privileged ministerial advice amounted to a refusal to cooperate with the committee.

“I am advised that I have answered more questions before the Public Accounts Committee than any other witness,” he said.

He added that it was misleading to portray his decision not to disclose confidential ministerial advice as a refusal to give evidence.

Munroe also addressed the FNM's threat of legal action against the government over the NIF, arguing that the opposition has the option of obtaining its own legal advice and pursuing a legal challenge.

“It can obtain its own legal advice and pursue that challenge,” he said, adding that demanding that others disregard their oath was no substitute for doing so.