FOI 154/ 2014

04th February 2015

Mr Gavin Sheridan
gavinsblog@gmail.com

Dear Mr Sheridan,

I refer to the request which you made under the Freedom of Information Act 2014 for records
held by this Department relating to:

"Ministerial briefing papers for Cabinet meetings for the Minister (Cowan or Lenihan),
depending on the date for Cabinet meetings held in September 2007, January 2008,
September 2008, October 2008 and January 2009."
I, as the Deciding Officer, have made a final decision to refuse your request of 08 December
2014 in line with the provisions of Section 28, Section 31 (2) (c) and Section 33 (1) (d), of the
Freedom of Information Act, 2014. If you have any queries you can contact me by telephone
at (01) 604 5502.
I regret the delay in replying to your request.

Relevant sections of the Freedom of Information Act 2014.
The relevant sections of the Freedom of Information Act, 2014 are sections 28, 31 and 33.
Section 31 (2) of the Freedom of Information Act, 2014 provides:
(2) A Head may refuse to grant a FOI request if the record concerned relates to the proposed
appointment or the business or proceedings of (a) A tribunal to which the Tribunal of Inquiry (Evidence) Act, 1921 refers
(b) Any other tribunal or other body or individual appointed by the Government or a Minister
of the Government to inquire into specified matters at least one member or sole member
which holds or has held judicial office or is a barrister or solicitor

Tithe an R ialtais
Sraid M huirfean U acht
B aile A tha Cliath 2
Eire

Fon / Tel: 353 1 676 7571
Facs / Fax: 353 1 678 9936
Glao A itiuil / LoC all:1890 66 10 10
http://w w w .finance.gov.ie

G overnm ent Buildings
U pper M errion Street
Dublin 2
Ireland

 (c) Any tribunal or other body or individual appointed by the Houses of the Oireachtas to
inquire into specified matters
And the request is made when it is proposed to appoint the tribunal, body or individual at a
time when the performance of the functions of the tribunal, body or individual has not been
completed.

Detail
As regards section 28 of the Freedom of Information Act, 2014 records which reveal the
content of Cabinet discussions or from which the content of Cabinet discussions can be
inferred must not be released pursuant to an FOI request.
The release of these records is therefore refused under section 28 of the Freedom of
Information Act, 2014.
Section 28 is attached in the annex of this letter.
Section 28 has no public interest test.
As regards section 31 of the Freedom of Information Act, 2014 the relevant section is 31(2)(C)
and the additional part which applies to all of section 31.
(a) Any tribunal or other body or individual appointed by the Houses of the Oireachtas to
inquire into specified matters
and the request is made when it is proposed to appoint the tribunal, body or individual at
a time when the performance of the functions of the tribunal, body or individual has not
been completed.

The Oireachtas Banking Inquiry was formally established on 26 November, 2014 to conduct a
"Part 2" inquiry under the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act,
2013 into certain aspects of the banking crisis for submission to, and evaluation by, the
Committee on Procedure and Privileges. The inquiry is expected to be completed by
November 2015.
The Joint Committee of Inquiry into the Banking Crisis will have the power to compel written
and oral evidence along with being able to publish findings of fact. The Committee is
considering the preparation of a draft plan for the Context Phase of the Inquiry. This will
consist of technical briefings for the Committee in areas such as reviewing existing crisis

 reports; policy context and early warnings; banking polices; systems and practices; bank
regulation, supervision and financial stability monitoring; and other relevant topics such as
the role of the ECB, role of the media and the nature, cost, and scope of the bank guarantee.
It is considered that the records which are the subject of the FOI are likely to be requested by
the Committee of Inquiry into the Banking Crisis as one of the issues that they propose to
examine is the cost and scope of the guarantee in the Context

p h ase

of the process.

The relevant section of the Act provides that a "Head may refuse an FOI request if the record
relates...or the business or proceedings of...Or at a time when the performance of the
functions of the tribunal, body has not been completed. It is also considered that the inquiry
has only commenced its work that it is appropriate to refuse to release these records.
Section 31 has no public interest.
As regards Section 33 (1) (d)
A head may refuse to grant an FOI request in relation to a record (and in particular
but without prejudice to the generality otherwise of this subsection, to a record to
which subsection (2) applies) if, in the opinion of the head, access to it could
reasonably be expected to affect adversely—

(d) the international relations of the State.

2) This subsection applies to a record that—
(b) (ii) other than a record containing analysis, opinions, advice, recommendations
and the results of consultations or information the release of which, in the
opinion of the head, could reasonably be expected to affect adversely the
international relations of the State,

in which case (that is to say, either of the cases falling within subparagraph (i) or
(ii)), the request shall be refused.
The release of these records is there refused under section 33 (1) (d) of the Freedom of
Information Act, 2014.
Section 33 has no public interest test.

 Rights of Appeal
Under the FOI Acts I am required to inform you that if you are not satisfied with this decision
you may appeal in writing to the Freedom of Information Unit, Department of Finance, 7-9
Merrion Row, Dublin 2.
You must make this appeal within four weeks from the date of this notification (the making of
a late appeal may be allowed in appropriate circumstances). The appeal process known as
internal review, will involve a complete reconsideration of the matter by a more senior
member of the staff of this Development.
The decision on the internal review will be given within 3 weeks of receipt of your letter.
Please note that there is a fee of €30 for making an appeal or €10 for medical card holders.
The fee, which should accompany your appeal, should be paid by electronic transfer, details
of which are available from the FOI Unit.

Yours sincerely,

Mary Carrick
Deciding Officer

 Annex 1:
28. (1) A head may refuse to grant an FOI request if the record concerned—

(a) has been, or is proposed to be, submitted to the Government for its consideration
by a Minister of the Government or the Attorney General and was created for that
purpose,

(b) is a record of the Government other than a record by which a decision of the
Government is published to the general public by or on behalf of the Government, or

(c) contains information (including advice) for a member of the Government, the
Attorney General, a Minister of State, the Secretary General to the Government
for use by him or her solely for the purpose of the transaction of any business of
the Government at a meeting of the Government.

(2) A head shall refuse to grant an FOI request if the record concerned—

(a) contains the whole or part of a statement made at a meeting of the Government or
information that reveals, or from which may be inferred, the substance of the whole or part
of such a statement, and

(b) is not a record—

(i) referred to in paragraph (a) or (c) of subsection (1), or
(ii) by which a decision of the Government is published to the general public by
or on behalf of the Government.

(3) Subject to this Act, subsection (1) does not apply to a record referred to in that
subsection—

(a) if and in so far as it contains factual information relating to a decision of the
Government that has been published to the general public, or
(b) if the record relates to a decision of the Government that was made more than 5
years before the receipt by the head concerned of the FOI request concerned.

 (4) A decision to grant an FOI request in respect of a record to which paragraph (a) or (b)
of subsection (1) applies shall not be made unless, in so far as it is practicable to do
so, the head concerned has, prior to the making of the decision, consulted in relation
to the request with—

(a) the leader of each political party to which belonged a member of the Government
that made any decision to which the record relates, and

(b) any member of the Government aforesaid who was not a member of a political
party.

(5) Where an FOI request relates to a record to which subsection (1) applies, or would, if the
record existed, apply, and the head concerned is satisfied that the disclosure of the
existence or non-existence of the record would be contrary to the public interest, he or she
shall refuse to grant the request and shall not disclose to the requester concerned whether
or not the record exists.

(6) In this section—
"decision of the Government" includes the noting or approving by the Government of
a record submitted to them;
"record" includes a preliminary or other draft of the whole or part of the material
contained in the record;
"Government" includes a committee of the Government, that is to say, a committee
appointed by the Government whose membership consists of—

(a) members of the Government, or
(b) one or more members of the Government together with either or both of the
following:
(i) one or more Ministers of State;
(ii) the Attorney General.

 FOI Request Reference: 154/2014
Schedule of Records: Summary of Decision Making:
Basis of
Refusal Section of Act
Section 28

1

Background Note for Finance
Minister for Finance for Cabinet
meeting 29/10/2008

2

Decision:
Grant/Part
Grant/Refuse
Refuse

2

Speaking Points for Minister for
Finance for Cabinet meeting
29/10/2008

3

Refuse

Section 28

3

Speaking Points for use at Cabinet
meeting 02/10/2008 - Taxation of
CB/ECS

4

Refuse

Section 28

4

Note forTanaiste re Memo on
Finance Bill for meeting
30/01/2008

1

Refuse

Section 28

5

Note for Tanaiste re Memo on
Finance Bill for meeting
23/01/2008

1

Refuse

Section 28

6

Possible Speaking Points re Memo
for meeting 23/01/2008

4

Refuse

Section 28

Record
No.

Brief Description & Date of
Record

No. of
Pages

Reason for
Decision
Content of Cabinet
discussions could be
inferred from this
document
Content of Cabinet
discussions could be
inferred from this
document
Content of Cabinet
discussions could be
inferred from this
document
Content of Cabinet
discussions could be
inferred from this
document
Content of Cabinet
discussions could be
inferred from this
document
Content of Cabinet
discussions could be
inferred from this
document

Public Interest
Consideration (if
applicable)
N/A

N/A

N/A

N/A

N/A

N/A

 7

Briefing note for Minister &
Finance Bill 2.008 Timetable for
meeting 16/(Dl/2008

2

Refuse

Section 28

8

Proposal to f>rovide financial
assistance fr am the EU to Hungary
for meeting 19/10/2008

2

Refuse

Section 28
Section 33(l)(d)

9

Speaking Poi nt on proposal to
provide finar icial assistance from
EU to Hunga ry for meeting
29/10/2008

1

Refuse

Section 28
Section 33(l)(d)

10

Memo for th e Information of the
Govemmenl on proposal to
provide fina icial assistance from
EU to Hunga ry for meeting
29/10/2008

Refuse

Section 28
Section 33(l)(d)

Content of Cabinet
discussions could be
inferred from this
document
Content of Cabinet
discussions could be
inferred from this
document.
Relates to
confidential
discussions of the
EU and could
adversely effect the
international
relations of the
state
Content of Cabinet
discussions could be
inferred from this
document.
Relates to
confidential
discussions of the
EU and could
adversely effect the
international
relations of the
state
Content of Cabinet
discussions could be
inferred from this
document.

N/A

N/A

N/A

N/A

 Relates to
confidential
discussions of the
EU and could
adversely effect the
international
relations of the
state
Content of Cabinet
discussions could be
inferred from this
document.
Document to be
requested by the
Oireachtas Banking
Inquiry
Content of Cabinet
discussions could be
inferred from this
document.

N/A

11

Background lote for the Minister
for Finance t o update Government
on Financial Vlarket Developments
to 17 Septen iber 2008

3

Refuse

Section 28
Section 31 (2) (c)

12

Information Note for Government
meeting of 3 September 2008, to
provide brie ing, if required, on
current finar icial market conditions
and outlook
Speaking Po nts for Cabinet
Meeting, Wf ‘dnesday, 7 January
2009

10

Refuse

Section 28

1

Refuse

Section 28

Content of Cabinet
discussions could be
inferred from this
document.

N/A

14

Office of the Minister for Finance
SECRET Men lorandum on the
Budgetary P asition 7 January 2009

7

Refuse

Section 28

Content of Cabinet
discussions could be
inferred from this
document.

N/A

15

Aide Memoi re Cover for meeting
14/10/08

1

Refuse

Section 28

Content of Cabinet
discussions could be

N/A

13

N/A

 16

Jim O'Brien C:over note for meeting
14/10/08

1

Refuse

Section 28

17

Office of the Minister for Finance
SECRET
Memorandu n for the Information
of Governme nt
Budget 2009
Headline Eco nomic Developments
for meeting 13/01/08

2

Refuse

Section 28

6

Refuse

Section 28

18

19

Budget 2009 Inflation Briefing for
meeting 23/( )l/08

1

Refuse

Section 28

20

Briefing for ( abinet meeting
23/01/08

1

Refuse

Section 28

21

Memorandu m for the Government
on Governm ent Decision to
Safeguard Iri sh Banking System
meeting 30/ 39/08

2

Refuse

Section 28
Section 31 (2) (c)

inferred from this
document.
Content of Cabinet
discussions could be
inferred from this
document.
Content of Cabinet
discussions could be
inferred from this
document.
Content of Cabinet
discussions could be
inferred from this
document.
Content of Cabinet
discussions could be
inferred from this
document.
Content of Cabinet
discussions could be
inferred from this
document.
Content of Cabinet
discussions could be
inferred from this
document.
Document to be
requested by the
Oireachtas Banking
Inquiry

N/A

N/A

N/A

N/A

N/A

N/A