This is a second attempt to get at the Duprey letter – the first application was eventually deflected by the Ministry, who asked us to refer to the Central Bank. I believe that was a barefaced attempt to stifle our request with the fact that the Central Bank is exempt from the FoI Act.
My request for the 2008 audited accounts is based on the terms of the 12th June CL Financial Shareholders’ Agreement – Section 4 of the SA sets out the procedure for a proper system of accounts, culminating at 4.4.5 – “…shall ensure that an annual report of CLF is prepared and dispatched…in manner consistent with standard corporate practice…” The accepted interpretation of this language informs us that the word ‘shall’ denotes an obligatory, non-voluntary duty. If that is the case, when can we expect publication of the 2008 annual report, accompanied by audited accounts, as per ‘standard corporate practice’?