Table of Key Documents not released to the PAC Date Document Comment Tuesday 29/01/2008 Letter from the Office of the Attorney General to Department re Financial Stability Contingency Planning and Legal Issues Arising Not released – the document is subject to legal privilege as it contains advice received from the Office of the Attorney General (AGO) Tuesday 01/04/2008 Note for Tánaiste to update Government on Financial Market Developments Not released – Document was submitted to Tánaiste for use at Government meeting and is subject to Cabinet confidentiality Tuesday 29/04/2008 Letter from Department to the Office of the Attorney General re Financial Stability Contingency Planning and Legal Issues arising Not released – the document is subject to legal privilege as it reveals AGO’s advice. Consultation note enclosed with letter was released to Committee. [No. 32 on Bank Guarantee Documents schedule] Wednesday 07/05/2008 Summary re Irish banks for new Minister Not released – document contains confidential institutionspecific information Monday 19/05/2008 Note to Minister re Funding situation Not released - document contains confidential institutionspecific information on the funding position of a particular institution Tuesday 20/05/2008 Advice from the Attorney to Department re Financial Stability Contingency Planning and Legal Issues Arising Not released – the document is subject to legal privilege as it contains advice received from the Attorney Friday 13/06/2008 Letter from Department to the Office of the Attorney General re Financial Stability Contingency Planning and Legal Issues Arising Not released – the document is subject to legal privilege as it reveals AGO’s advice Sunday 20/07/2008 Advice from Attorney to Department re Submission to Minister re Financial Stability Contingency Planning (with associated e-mail of 21/07/2008) Not released – the document is subject to legal privilege as it contains advice received from the Attorney Thursday 07/08/2008 Internal e-mail re position of Heads of Bill Not released – the document restates advice received from the 1 Date Document 10.50 Comment AGO and therefore is subject to legal privilege Monday 08/09/2008 Letter from Office of the Attorney General to Department re Legislative proposals – financial stability contingency planning Not released – the document is subject to legal privilege as it contains advice received from the AGO Monday 08/09/2008 Letter from Department to Office of the Attorney General re Contingency planning Not released – the document is subject to legal privilege as it reveals AGO’s advice Wednesday 10/09/2008 Letter from Office of the Attorney General to Department re Financial Stability Bill Not released – the document is subject to legal privilege as it contains advice received from the AGO Wednesday 10/09/2008 Letter from Department to Office of the Attorney General re Contingency Planning Not released – the document is subject to legal privilege as it reveals AGO’s advice Thursday 11/09/2008 14.42 Internal e-mail re advice from the Office of the Attorney General Not released – the document is subject to legal privilege as it reveals AGO’s advice Friday 12/09/2008 Copy of letter from INBS to the Financial Regulator dated 9 September with cover letter from Financial Regulator Not released. The note enclosed with the letter was received separately by the Department directly from INBS and this copy was released to the Committee [No 8 on the Bank Guarantee Schedule Documents] Friday 12/09/2008 Letter from Office of the Attorney General to Department re Financial Stability Bill Not released – the document is subject to legal privilege as it contains advice received from the AGO Friday 12/09/2008 Letter from Department to Office of the Attorney General re Contingency Planning Not released – the document is subject to legal privilege as it reveals AGO’s advice Saturday 13/09/2008 17.32 E-mail from Office of the Attorney General to Department re contingency planning Not released – the document is subject to legal privilege as it contains advice received from the AGO 2 Date Document Comment Saturday 13/09/2008 Copy of letter from Anglo Irish Bank to the Financial Regulator Not released –confidential material received from Financial Regulator Sunday 14/09/2008 10.32 E-mail from Office of the Attorney General to Department re contingency planning Not released – the document is subject to legal privilege as it contains advice received from the AGO Sunday 14/09/2008 17.48 E-mail from Department to Office of the Not released – the document is Attorney General re contingency subject to legal privilege as it planning reveals AGO’s advice Sunday 14/09/2008 19.10 Internal e-mail re draft contingency legislation with attached draft Government Memorandum and draft Explanatory Memorandum Not released – the document is subject to legal privilege as it reveals AGO’s advice. The attached Memorandum for Government is subject to Cabinet confidentiality. 16/09/2008 Briefing for Minister in case required for cabinet meeting 17 September Not released – Document was submitted to Tánaiste for use at Government meeting and is subject to Cabinet confidentiality. Redacted copy of associated background document was released. [No.16 on Bank Guarantee schedule] Wednesday 17/09/2008 00.23 E-mail from Department to Office of the Not released – the document is Attorney General re Contingency subject to legal privilege as it Planning reveals AGO’s advice Wednesday 17/09/2008 Letter from Office of the Attorney General to Department re Contingency Planning Not released – the document is subject to legal privilege as it contains advice received from the AGO Thursday 18/09/2008 E-mail from Financial Regulator to Central Bank and Financial Regulator forwarding earlier e-mail and attachment from Goldman Sachs Not released – Contains institution-specific information received in confidence. Saturday 20/09/2008 Notes of Financial Regulator meeting with Anglo Irish Bank Not released – Confidential information received from Financial Regulator 3 Date Document Comment Saturday 20/09/2008 Notes of Financial Regulator meeting with Bank of Ireland Not released – Confidential information received from Financial Regulator Saturday 20/09/2008 Notes of Financial Regulator meeting with Allied Irish Bank Not released – Confidential information received from Financial Regulator Saturday 20/09/2008 Notes of Financial Regulator meeting with EBS Not released – Confidential information received from Financial Regulator Saturday 20/09/2008 Notes of Financial Regulator meeting with INBS Not released – Confidential information received from Financial Regulator Saturday 20/09/2008 Notes of Financial Regulator meeting with Irish Life and Permanent Not released – Confidential information received from Financial Regulator Sunday 21/09/2008 Draft Discussion Documents prepared by Goldman Sachs regarding strategic options Not released – Contains confidential institution-specific information received in confidence Wednesday 24/09/2008 Letter from Office of the Attorney General to the Department re Contingency Planning Not released – the document is subject to legal privilege as it contains advice received from the AGO Thursday 25/09/2008 12.12 E-mail and attached letter from the Department to the Office of the Attorney Genera re Financial Stability Planning Not released – the document is subject to legal privilege as it reveals AGO’s advice Thursday 25/09/2008 12.52 E-mail from Department to the Office of Not released – the document is the Attorney General re section 23 of subject to legal privilege as it the Central Bank Act 1997 reveals AGO’s advice Thursday 25/09/2008 Letter from Office of the Attorney General to the Department re Contingency Planning Not released – the document is subject to legal privilege as it contains advice received from the AGO Thursday 25/09/2008 Letter from Office of the Attorney General to the Department re ECB Consultation Not released – the document is subject to legal privilege as it contains advice received from 4 Date Document Comment the AGO Not released – the document is subject to legal privilege as it contains advice received from the AGO Thursday 25/09/2008 16.52 E-mail from Office of the Attorney General to the Department re State Aid Friday 26/09/2008 09.03 E-mail from Department to Office of the Not released – the document is Attorney General re State Aid subject to legal privilege as it reveals AGO’s advice Friday 26/06/2008 14.48 Internal e-mail forwarding NTMA email of 14.22 responding to Secretary General’s query re issues for Ireland’s sovereign ratings from a guarantee Not released – release of document could impact on the effectiveness of the guarantee to maintaining the stability of the financial system and as such would be exempt from release under section 31 of the FOI Act on grounds of its possible potential negative impact on the economic interests of the State. Friday 26/06/2008 22.19 E-mail from Goldman Sachs to Department forwarding an update on INBS prepared by Goldman Sachs. Not released – Contains confidential institutionspecific information received in confidence Friday 26/06/2008 23.18 E-mail from Department to Office of the Not released – the document is Attorney General re guarantees and subject to legal privilege as it ELA reveals AGO’s advice Friday 26/09/2008 Letter from Department to the Office of the Attorney General re Financial Stability Planning Not released – the document is subject to legal privilege as it reveals AGO’s advice Friday 26/09/2008 Letter from Department to Office of the Attorney General re Financial Stability Planning – National Pensions Reserve Fund Not released – the document is subject to legal privilege as it reveals AGO’s advice Saturday 27/09/2008 Letter from Attorney General to Minister re State Aids and System Wide Bank Guarantee Not released – the document is subject to legal privilege as it contains advice received from the Attorney Saturday Letter from Office of the Attorney Not released – the document is 5 Date Document Comment 27/09/2008 General to the Department re Financial Stability Planning – National Pensions Reserve Fund subject to legal privilege as it contains advice received from the AGO Saturday 27/09/2008 Extracts from PwC material re liquidity position Not released – institutionspecific information prepared by PwC for the Financial Regulator Sunday 28/09/2008 14.54 E-mail from NTMA to Department forwarding e-mail from PwC to NTMA re liquidity scenarios for banks Not released – institutionspecific information prepared by PwC for the Financial Regulator Sunday 28/09/2008 15.04 E-mail from PwC to Department with attachment – summary of discussions on credit positions Not released – institutionspecific information prepared by PwC for the Financial Regulator Monday 29/09/2008 Letter from Attorney to Minister re State Not released – the document is Aid and Guarantee Issue subject to legal privilege as it contains advice received from the Attorney Monday 29/09/2008 12.29 E-mail from Department to Office of the Not released – the document is Attorney General with attachment re subject to legal privilege as it special share vs share transfer reveals AGO’s advice Monday 29/09/2008 15.00 E-mail from Arthur Cox to Department re powers of Central Bank Not released – the document is subject to legal privilege as it was prepared by the Department’s legal advisors legal privilege Monday 29/09/2008 20.40 E-mail from PwC to Department, NTMA and Central Bank re liquidity positions Not released – institutionspecific information prepared by PwC for the Financial Regulator Monday 29/09/2008 22.38 Draft contingency legislative provisions for Credit Institutions (Protection ) Bill Not released – the document is subject to legal privilege as it was prepared by the Office of the Parliamentary Draftsman The Central Bank provided a number of daily liquidity figures for the Irish institutions during September 2008. In addition, during September 2008 the Financial Regulator circulated 5 times per day deposit flow reports in relation to a particular institution. These were circulated in the Department but the individual e-mails have not been listed. They have not been released as they contain confidential institution-specific information from the Financial Regulator and the Central Bank. 6 Multiple earlier drafts of documents have generally not been listed. 7