Release of indemnity deal letters is refused

The Department of Education has refused to release all correspondence with the Attorney General's office concerning the controversial…

The Department of Education has refused to release all correspondence with the Attorney General's office concerning the controversial agreement with the religious orders on child abuse compensation, bar one letter.

The Irish Times sought release of the correspondence under the Freedom of Information Act.

Relevant correspondence on the indemnity deal was also refused release by the Attorney General's office. Under the Act, it only releases documentation dealing with the office's administration.

Correspondence refused includes letters, some of whose details have been made public in the recent report of the Comptroller and Auditor General, and in comments last week by Mr Michael McDowell.

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They include a letter to Dr Woods from the Attorney General's office on January 31st, 2002, a reply from his Department on the same date, a further letter from the AG's office on February 1st, 2002 and its acknowledgement, a further letter from the Attorney General's office on March 12th, and a response from the Department on March 13th.

These appear to concern Mr McDowell's request of the Department of Education that he be furnished with details of meetings that took place between the then Minister for Education, Dr Woods, and the religious congregations at which Mr McDowell's officials were not present. Mr McDowell told reporters last week of these attempts.

Also refused was a letter from Dr Woods to the Attorney General on April 13th, 2002, as was a copy and memo "Re-CORI's understanding of the scope extent of the indemnity date 19th April 2002." A similar document dated 22nd April 2002 was also refused.

Requests for drafts (three) of the indemnity, dated April 24th, were refused as was a further draft dated May 7th, 2002.

Similarly, a request for a draft dated May 8th, 2002, was refused, as was another dated May 21st, 2002.

So too was a letter and draft indemnity from Arthur Cox solicitors, for the congregations, dated May 15th.

A letter from the Department secretary general, Mr Dennehy, to the Taoiseach on June 7th, 2002 was refused, as was a cover letter, with copies, from Dr Woods to the Attorney General Mr McDowell (not dated, but probably towards late June 2002).

The one relevant letter released to The Irish Times under the Freedom of Information Act, was from Mr Tom Boland at the Department of Education who wrote to Mr Liam O'Daly, deputy director at the Attorney General's office on January 31st, 2002.

Mr Boland said it was made clear to the congregations that the agreement in principle would "require further discussion, including discussion with the Attorney General's office on any legal issues."

Patsy McGarry

Patsy McGarry

Patsy McGarry is a contributor to The Irish Times