Bank Guarantee Memos

Just an update to let you know that The Sunday Times will not be appealing the OIC decision to refuse access to the two memos made of the September 2008 meetings between state officials and bankers hours before the government decided to guarantee all bank deposits.

Thanks for the half-dozen offers of €50 each to support the case by-the way. But no newspaper wants to be in the High Court with all its associated costs unless there is a very good chance of winning. Ultimately we could not be sure that even if we won the case that the memos would be released.

As Emily O'Reilly, the Information Commissioner, applied only one FOI exemption, the one on papers used at cabinet - 19(1)(c), it may have been possible to withhold the documents under other FOI clauses even if the court ruled 19(1)(c) didn't apply.

Just today Eamon Gilmore accused Brian Cowen of "economic treason" in issuing the guarantee following those meetings in September 2008. If Cowen is so affronted by the allegation he could release these memos and other documents in an act of transparency to show he was "beholden to nobody" in his decision making.

I won't hold my breath.