Deputy Fleming's amendment seeks to expand the definition of "document" in section 2 to ensure it includes recordings and transcripts of telephone calls. This is an expansion of his position on Committee Stage when he discussed allowing documents or recordings in the cloud to be captured. I understand why he would broaden his net with regard to the definition section on foot of recent events. A broad definition of "document" was chosen for the Bill to ensure it encompassed a wide range of materials in written and electronic form. On foot of the new amendments tabled by Deputy Fleming I have rechecked to ensure this is absolutely robust, and this is the clear position. Transcripts of telephone calls would clearly be considered a "record or other written or printed material in any form (including in any electronic device)" as is provided for in the Bill. Regarding recordings of telephone calls, these are also covered by the definition of "document" in the Bill. The term "document" is defined in the Bill to include "a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device". The sound recordings of a telephone call are clearly covered by this aspect of the definition of document. I am satisfied, and I have rechecked, the current definition of "document" is sufficiently broad to cover recordings and transcripts of telephone calls. Therefore, there is no need to broaden it, not even ar eagla na heagla or on the basis of wanting belt and braces. It is important we are clear legally on it and I have rechecked with the Parliamentary Counsel. Deputy Fleming and I are ad idem these should be captured and that they are important. We will speak about any specific inquiry which might arise subsequently when we get into the meat of this, but what we are doing here is crafting legislation, as the Deputy knows, to cover every possible inquiry. Although the legislation is highly likely to be involved in establishing a banking inquiry in the first instance, it must be a general tool which will last the test of time to be the framework within which any inquiry of the various types constitutionally permitted, and which are listed in the legislation, can be carried out. I can give the Deputy the reassurances he has asked for that all recordings of telephone calls, any data, and any electronic data on a disc, machine or stored externally in the cloud is fully covered and can be accessed for the purposes of an inquiry under the terms of the Bill.

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