Dáil Éireann Debate, Tuesday - 27 May 2014
5. Deputy Peadar Tóibín asked the Minister for Finance if he will release the letter, dated 19 November 2010, of Jean Claude Trichet or give a firm commitment that it will be available to the banking inquiry; and if he will detail the communication he has with the ECB on this issue. [23122/14]
Amharc ar fhreagraSix years into the economic catastrophe, the people are still seeking the truth about what happened. They want a 360 degree view of what happened and no blind spot should be created by any institution, not least the ECB. People want to know what role the ECB played and the question asks the Minister to indicate whether he will release the letter, dated 19 November 2010, of Jean Claude Trichet to the former Minister for Finance, the late Brian Lenihan, or give a firm commitment that it will be available to the banking inquiry.
In early 2014, when the ECB initially sought my views in the context of its discussion on the possible release of the letter, I indicated that the decision to release the letter was a matter for the ECB. However, it is important for relationships between institutions to be developed and sustained to allow confidential negotiations to take place especially on sensitive issues.
Requests to release the letter have been considered under our own freedom of information legislation on a number of occasions. The decision has been to refuse these requests in line with relevant sections of the FOI Acts and the refusal to release has been upheld on one occasion by the Office of the Information Commissioner.
Separately, the European ombudsman investigated the refusal by the ECB to release the letter under the ECB's freedom of information processes. I understand the ombudsman's office found that the ECB was entitled not to disclose the letter. I understand that when the European ombudsman suggested a "friendly solution" and invited the ECB to disclose the letter, the Governing Council of the ECB came to the view that it was appropriate that the letter would not be disclosed at this time but indicated that it will revaluate disclosure of the letter at a more advanced stage of post-programme surveillance.
As regards the release of the letter to the banking inquiry, any request which may be received from the inquiry will be considered, taking into account the terms of reference of the inquiry. It would be standard practice and, in line with the principle of co-operation among public institutions, for the ECB to be consulted before a decision is made on its release.
I am not clear whether the Minister has answered the question. The ECB responded to a question by my colleague, Ms Martina Anderson, MEP, which stated: "It would be standard practice in line with our principle of sincere co-operation among public institutions for the Irish Department of Finance to consult the ECB on potential release of the letter." It then refers to the Department of Finance and "the potential release of the letter to the Oireachtas in light of the then prevailing circumstances on the basis of the appropriate weighing of relevant European Union interests". This reads like the ECB is seeking a veto over the release of the letter and it seems the Minister is handing that veto to the ECB.
The ECB sees its responsibility as weighing the appropriate relevant European Union interests, but the Minister's responsibility is to weigh up Irish interests on this issue. I ask the Minister to stand up for Irish interests in this regard.
The Deputy is well aware that freedom of information requests operate in accordance with the law. They are not ministerial functions. The law is interpreted by a designated official within Departments and agencies. The decision not to release a copy of the letter in Ireland was made under the freedom of information law. In Europe, the decision was made by the European Ombudsman that the European Central Bank was within its legal rights in not releasing the letter. However, the ECB also said, when asked if this could be resolved on a friendly resolution basis, that as time went by its difficulties with the release would diminish. We will see where that stands when the terms of reference of the banking inquiry are brought forward and what happens at that stage.
The issue is that international communications are excepted from freedom of information. Correspondence with another country or with an international agency is treated as exceptional. Personally, I have no problem with whether it is released. It is like the third secret of Fatima - people will be a little disappointed when they see it.
The Minister should leave it up to people to be disappointed. Surely people should not be protected by the Minister in this regard.
I am not an actor in this. I explained that to the Deputy.
Does the Minister not have any power to release this letter? Do the Irish people not have an entitlement to understand the contents of the letter? This letter is important in the context of a banking inquiry. A banking inquiry should have a 360-degree view of what happened and no blind spots should be created by the Minister or the ECB. It is worrying that the ECB will not commit to providing this letter, but what is more worrying is the Minister's lack of commitment today to providing unfettered access to a complete, unredacted version of the letter. Will the Minister guarantee that he will make every effort to ensure that all his authority is used, in so far as it can be, to ensure this letter is provided?
It is a typical Sinn Féin approach to ascribe views to people that they do not hold. I have no legal power or authority to overturn the decision of an information officer who is acting under the provisions of the Freedom of Information Act. I have no legal power or authority to overturn a decision by the European Ombudsman, who is acting under her legislation. When the European Ombudsman requested a friendly resolution to this, the ECB refused at that point but said that it might be open to that suggestion later in the time sequence. When the terms of reference for the banking inquiry are established, I have no doubt there will be a request to the Department of Finance for all relevant information. If I have the power, I will deal with the issue at that point.
