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IBRC Liquidation

Dáil Éireann Debate, Thursday - 25 April 2013

Thursday, 25 April 2013

Questions (70)

Michael McGrath

Question:

70. Deputy Michael McGrath asked the Minister for Finance if the European Central Bank has requested that his Department not release any documentation concerning the Irish Bank Resolution Corporation liquidation under the Freedom of Information Act; and if he will make a statement on the matter. [19693/13]

View answer

Written answers

The Deputy will appreciate the commercially sensitive nature of the discussions with the ECB in relation to the promissory notes and the liquidation of the IBRC and that such discussions are part of a wider deliberative and confidential process. Throughout the period of the discussions between the Irish Authorities and the ECB the confidentiality of matters discussed was emphasised between the parties. However, the ECB has not been approached in relation to documentation requested under specific FOI requests relating to the liquidation of IBRC nor has the ECB requested the Department not to release any such documentation. The ECB has informed my Department that they will not be releasing any information in relation to these discussions.

In normal course my Department will examine all requests received for information under the FOI Acts and assess whether specific information can be released. While the overall aim is to release the information requested the FOI Acts do list specific provisions under which records can be deemed to be “exempt records” for the purposes of the Acts. The decisions of the Department/public body, in this regard, are subject to a right of appeal by the requester. One such exemption [section 24(2)(e) 1997 Act] refers specifically to information communicated in confidence from, to, or within an international organisation, including an organisation or an institution or body of the European Union. Other exemptions provided in the legislation include; meetings of Government; information received in confidence; commercially sensitive information; deliberations of public bodies; functions and negotiations of public bodies; financial and economic interests of the State; etc.

As part of this process my Department will communicate with third parties if consideration is being given to releasing information/documentation received from those parties. In the event that third parties object to information being released the Department will take a view on the nature of the information, the basis on which the information was received or acquired and the views of the third party etc. The Department will then decide whether the information should be released under the FOI Acts having regard to particular circumstances and the requirements of the public interest. Any decision, therefore as to whether information is released or not by Irish authorities under Freedom of Information legislation enacted in this jurisdiction is a matter for the Irish authorities. While the ECB or other third parties may have a view on the release of particular information the ECB has not and would not seek to influence the proper operation of national legislation.

My Department is committed to the spirit and proper operation of the Freedom of Information Acts 1997-2003.

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