Alice-Mary Higgins (Independent) | Oireachtas source

First, I do not think we can pass legislation which not only sets out the winding up but the terms for the winding up without knowing what issues might arise. I am going to come to some of the proposed terms for the winding up in a moment, but I note what others have said regarding documentation. It is very clear under section 60(7)(b) of the Data Protection Act that one of the reasons whereby the destruction of documents and other obligations under data protection we have heard about today would be suspended and not applied is where there are restrictions around the rights and obligations and where there is a question around avoiding obstruction to any official or legal inquiry, investigation or process, including various court proceeding, a tribunal or a commission of investigation. I presume we will get a report on exactly what has or has not been destroyed, but the idea of the documents being destroyed while a commission of investigation is still under way seems to be a matter of concern, even leaving aside that the commission of investigation is one clear example that is given under the wider question of general public interest. I would argue there is strong public interest in having ultimate transparency in respect of the activities of NAMA and all of the relevant paperwork which in our legislation clearly takes precedence over any obligation to destroy files because they have expired from a normal date.