Catherine Murphy (Kildare North, Social Democrats)
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189. To ask the Minister for Finance if he has received permission from the director of the National Archives to destroy records relating to the liquidation of IBRC; if he has sought or is in receipt of a certificate for the disposal of departmental records; if his consenting officer has been consulted by officials or the Minister in the Department of Finance in respect of these records. [41517/24]

Catherine Murphy (Kildare North, Social Democrats)
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196. To ask the Minister for Finance if he will clarify and set out the rationale in respect of records relating to IBRC and NAMA not being sent to the National Archives, but instead being destroyed (details supplied). [41260/24]

Catherine Murphy (Kildare North, Social Democrats)
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226. To ask the Minister for Finance if he will clarify a statement made by an official in respect of the destruction of records and files regarding the liquidation of IBRC in the context of the National Archives Act 1986 (details supplied). [41515/24]

Catherine Murphy (Kildare North, Social Democrats)
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227. To ask the Minister for Finance if he has received permission from the director of the National Archives to destroy records relating to the liquidation of IBRC; and if he has sought or is in receipt of a certificate for the disposal of departmental records. [41516/24]

Catherine Murphy (Kildare North, Social Democrats)
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228. To ask the Minister for Finance if he will clarify a statement made by an official in respect of the destruction of NAMA records and files in the context of the National Archives Act 1986 (details supplied); and if he will further clarify that records and files will transfer in respect of NAMA from the NTMA resolution unit when they are no longer required. [41564/24]

Catherine Murphy (Kildare North, Social Democrats)
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229. To ask the Minister for Finance if he has received permission from the director of the National Archives to destroy records relating to NAMA; and if he has sought or is in receipt of a certificate for the disposal of departmental records. [41565/24]

Catherine Murphy (Kildare North, Social Democrats)
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230. To ask the Minister for Finance if he has received permission from the director of the National Archives to destroy records relating to NAMA; if he has sought or is in receipt of a certificate for the disposal of departmental records; and if his consenting officer has been consulted by officials and or the NTMA in respect of these records. [41566/24]

Jack Chambers (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 189, 196, 226, 227, 228, 229 and 230 together.

Department of Finance records, including those relating to NAMA and IBRC in Special Liquidation, are subject to the Department of Finance Records Management Policy and Procedures. These procedures support the Department’s business needs and also ensure compliance with the relevant legislation, the National Archives Act 1986; the Freedom of Information Act 2014, and the Data Protection Acts 1988 and 2003. The Department of Finance is, therefore, retaining its records relating to NAMA and IBRC in Special Liquidation as required by the relevant legislation.

In relation to NAMA, as Minister for Finance, I do not have a role in NAMA’s day-to-day operations. However, through my officials, I am advised that NAMA has a longstanding Records Management Policy, approved by the NAMA Board and informed by external legal advice, including Senior Counsel advice. As NAMA is not subject to the National Archives Act, the referenced sections from the Act do not apply for the implementation of NAMA’s Records Management Policy. However, I understand that, in framing its Policy, the NAMA Board was mindful that it may at a future time be subject to the National Archives Act. I am advised that under this policy, specific categories of important NAMA records (such as NAMA Board and Committee papers, other governance related records, NAMA policies and procedures, and records to support the integrity of NAMA financial information) have been identified to be retained and preserved following NAMA’s dissolution. These categories include records that have been identified as having potential historical significance. Under NAMA’s Records Management Policy, other categories of records were identified for deletion in compliance with GDPR obligations including data minimisation and storage limitation obligations. This decision was informed by external legal advice and by Senior Counsel advice.

In relation to IBRC, as neither IBRC nor the Special Liquidators come within the scope of the National Archives Act 1986 (as amended), the Special Liquidators are neither obliged to preserve on behalf of, nor permitted under law to transfer to, the National Archives, any records of IBRC. I am advised that the Special Liquidators have communicated this to the Chairperson of the National Archives Advisory Council in anticipation of completing the liquidation of IBRC. The Special Liquidators are acutely aware of their obligations to retain certain books and papers (such as board documents, board Committee papers and other governance related records) of IBRC beyond dissolution. In relation to the data minimisation process which the Special Liquidators are conducting in advance of completing the winding-up of IBRC, my officials have confirmation from IBRC that there has not been, nor will there be, any rationalisation of data that could be considered integral to the books and papers of IBRC. To this end, I understand that the Special Liquidators continue to maintain all books and papers integral to IBRC including, for the avoidance of doubt, any documentation that could be relevant to: (i) claimants or parties who may have an in interest in IBRC; (ii) the future realisation of assets of IBRC; (iii) compliance with investigations or (iv) any other matters relevant to the conclusion of the Special Liquidation.

Finally, and as detailed in the General Scheme of the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill 2024 which is currently undergoing pre-legislative scrutiny, I wish to confirm to the Deputy that the records retained by NAMA will transfer to the NTMA Resolution Unit following NAMA’s conclusion at end-2025. As the NTMA is not a listed body under the National Archives (Amendment) Act 2018, the preservation and archiving of records will be a matter for future consideration in conjunction with the Department of Finance.