Brian Cowen (Laois-Offaly, Fianna Fail)

As I said earlier regarding making financial information available, banking laws and legal parameters are set out. We are operating in a commercially competitive environment. No one would suggest, given the investment taxpayers are making in intervening to maintain a viable banking system, that we should put the banks at a commercial disadvantage.

Freedom of information legislation does not apply to commercial State bodies. If increasing public ownership of our financial institutions comes as a result of the financial crisis and the need to provide a way forward, we would not suggest putting those institutions at a commercial or other disadvantage against those with which they are competing. It is not sensible when there are other companies in the same sector being excluded from the ambit of the freedom of information legislation. Why should one put one's organisations at such a disadvantage, particularly when it is an area with issues of legitimate commercial sensitivity?

NAMA has a commercial mandate to obtain the maximum return for the taxpayer. It is required to enter into complex commercial negotiations and settlements with financial institutions and must be in a position in which it can do so. I do not hold any brief for false information or people not being frank. That is an issue that will have to be dealt with by NAMA in its dealings with the various institutions.

We must take into account issues of our own interests and commercial sensitivity in these matters. We cannot defend these if we decide to throw open all information regarding the institutions, given that there are other institutions in the same market which could gain a commercial advantage as a result. We must work within existing laws to maintain confidence among depositors and ensure a viable financial system.

It would be better for the Deputy to table a direct question about the Aarhus Convention to the Minister for the Environment, Heritage and Local Government. I understand the Department is working closely with the Office of the Attorney General to complete all the necessary steps to ensure Ireland's ratification of the convention as soon as is practicable. In 2010, the High Court made a judgment in a case the Government took against a decision of the Office of the Commissioner for Environmental Information, details of which I have given in previous replies.

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