Michael Noonan (Limerick City, Fine Gael) | Oireachtas source

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.

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