Jamaican Government Relents, Saying It Will Grant Access To Water Agreement With Vinci-Led Consortium, But Document Delivery To Be Delayed

Apr 25, 2025

A few hours after 18⁰ North's last publication calling into question the transparency of Public-Private Partnerships (PPPs) based on the Jamaican government’s refusal to share documents as allowed under the Access to Information Act (ATI Act), the state’s National Water Commission (NWC) reversed its decision. It said access would be granted to a copy of the PPP agreement it signed with Rio Cobre Water Limited (RCWL), the private consortium led by a local subsidiary of French construction company, Vinci.

However, the NWC said, it was requesting a period of “at least” another 45 days to send the 265-page document “with all commercially sensitive information redacted.” It continued, “In the event that the NWC is unable to complete the redaction exercise within the above timeline, we commit to providing you with an update indicating same and advising of the additional time required to complete the redaction exercise.”

This communication from the NWC on the evening of April 17 calls into question whether the NWC is intentionally dragging out the process, and if yes, why?

Why is a minimum of 45 days needed to make redactions to a 265-page document? How much information is likely to be redacted?

First, the delays…

NWC first acknowledged 18⁰ North’s request for a copy of the PPP agreement under the ATI Act on January 23, 2025. After 30 days, the NWC wrote requesting an additional 30 days to process the query, which is allowed under the law.

Then on March 14, seven weeks after the original request, it wrote denying the request on the basis that disclosing the information would harm commercial interests, an exemption allowed under the Act.

18⁰ North requested a review of that decision on March 19 on the basis that the Act still allows for disclosure of documents with the commercially-sensitive information redacted. Now, its latest response means that the redacted document won’t be forthcoming until the earliest June 1 - almost six months after the original request.

Another ATI Request Denied by NWC

This hasn’t been the only ATI request denied by NWC this year as 18⁰ North tries to understand whether consumer water rates will go up because of the project cost for the Rio Cobre Water Treatment Plant increasing to US$92 million (J$14.75 billion) from US$76 million (J$12.22 billion) amidst a surge in the interest rate and *no evidence of competitive bidding in the selection of RCWL as the government’s private partner for the project.

Even at this higher cost, the NWC’s regulator, the Office of Utilities Regulation (OUR), that also approves consumer rates, hinted that rates may not have to go up as a result of this project if the NWC can lower the proportion of water it loses in the supply area to the mid-40% range, which would be a major improvement over the 70% of water that the NWC has, for decades, lost to issues like leaks and theft, meaning only 30% has traditionally been sold.

But when 18⁰ North on February 14 requested information regarding the NWC’s projected average rate of water loss for the project; the actual rate now for each zone within the supply area, which is supposed to include Kingston & St. Andrew, Portmore and wider St. Catherine; and the proportion of the 15 million additional gallons of water each day from the project that will supply each zone, the NWC denied the request on March 14 on the basis that disclosure would prejudice “commercial interests.”

When challenged by 18⁰ North about whose commercial interests were being compromised since similar information for some of the zones had been revealed publicly in the past by one of the current ministers overseeing water, the NWC finally relented on April 14, two months after the original request, outlining that the so-called non-revenue water percentages for Portmore and the metropolitan area of Kingston & St. Andrew were 45% each, and it was 75% for wider St. Catherine. It said the distribution of the water to the specific areas hadn’t been decided as yet.

As far as the projected rate of water loss associated with the project — after distribution lines to move water from the new treatment plant are replaced — the NWC stated, that “has not yet been determined.” If true, that would call into question how the entity was able to get the project approved in the first place without that key bit of information to determine project viability.

Requests About Other Projects Also Delayed by NWC

Even for a basic procurement request for a completely different project, the NWC replied that it needed more time.

The request made on March 24 merely asked questions like: Who is the contractor for the Western Parishes Water Supply and Resilience Improvement Program? When was the agreement signed? What was the procurement method used, the justification for this method and who approved the procurement method?

However, the NWC wrote this week on April 23 requesting 30 additional days to process the application.

Another March 7 ATI inquiry for copies of all contracts between the NWC and Vinci over the last 15 years was also met with a similar request for an extension. That second 30-day period expires the first week of May.

Conclusion

Whether all the information requested will eventually be forthcoming from the NWC remains to be seen. If and when the information is delivered, the extent to which redactions will complicate the public’s ability to understand the merits of these deals may make for yet another story.

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Editor’s Notes:

*Although PPPs generally follow different processes from the standard public procurement procedures, the government’s PPP Policy still requires a bidding process in the selection of each private partner. Even for unsolicited proposals, the opportunity to challenge the offer is still supposed to be advertised.

The exchange rate used for the project cost being US$76 million (J$12.22 billion) in November 2022 and US$92 million (J$14.75 billion) in December 2024 was based on conversions in a letter in December 2024 from Minister Matthew Samuda, who shares responsibility for the water sector with Prime Minister Dr. Andrew Holness.

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