The Irish Intercontinental Bank has no difficulty handing over documents relating to the Ansbacher accounts provided it is satisfied that the Tanaiste, Ms Harney, is within her jurisdiction in seeking details of the deposits, the High Court heard yesterday.
Mr Michael Collins SC, for IIB, said his client wished to co-operate with the Minister. He obtained a week-long adjournment of his application for an interlocutory injunction against the Tanaiste and Minister for Enterprise and Employment, Ms Harney.
Mr Collins requested the adjournment to consider an affidavit from the Minister outlining her reasons for appointing an official to seek certain documents from the bank.
Ms Harney wants the Ansbacher deposits opened to closer scrutiny but IIB was granted an interim order by Mr Justice O'Sullivan on Saturday preventing her nominated officer from obtaining information.
The details of the Ansbacher accounts are being sought by Ms Harney for an inquiry into the affairs of Celtic Helicopters, of which Mr Ciaran Haughey, son of former Taoiseach Mr Charles Haughey, is a director.
An authorised officer appointed by Ms Harney to examine the affairs of Celtic Helicopters reported recently that he needed access to the Ansbacher deposits.
On foot of this report, Ms Harney appointed the same officer from her Department, Mr Gerard Ryan, to seek details of the deposits from Guinness & Mahon and IIB, the two Dublin banks in which the deposits were held.
Mr Ryan is seeking details of the links between the Ansbacher deposits and Celtic Helicopters which were first outlined in the McCracken tribunal report.
Mr Collins said in court yesterday the Minister had made an order under Section 19 of the 1990 Companies Act which entitled her to appoint an authorised officer who might seek documents from a company or bank.
The Minister appointed Mr Ryan last Thursday, and the bank was requested to hand over documents by Friday. No grounds were specified by the Minister as to the basis upon which she appointed Mr Ryan and the bank asked for that information.
Mr Collins said his clients got a reply from the Minister at 8 p.m. on Friday. It was stated that the documents were to be handed over by 3 p.m. on Saturday. If they were not, the Minister said, she would consider using her powers to obtain a search warrant.
As a result, and in circumstances where the bank still did not have the grounds upon which the Minister sought the documents, the bank secured an interim injunction from Mr Justice O'Sullivan on Saturday night. The temporary order restrained the Minister and Mr Ryan from proceeding.
On Tuesday night Mr Collins said the bank received a replying affidavit from the Minister. In that document, she set out the information on foot of which she believed the documents should be produced. The bank was considering that affidavit and wanted a one-week adjournment.
Mr Collins told the judge his clients wished to co-operate with the Minister. Their only concern was to ensure that the Minister had been acting properly and within her jurisdiction.
The bank now had the grounds upon which the Minister had made her order, and if it considered the ministerial order was properly made, then it had no difficulty in handing over the documents.
Mr Collins said that, before Christmas, the Moriarty tribunal had made an order requiring the bank to produce certain documents. The bank was asked to comply by January 21st. His clients would comply with that order and hand over documents which were broadly similar to what the Minister was seeking.
He said the Minister had not given any reason for the extreme urgency of her request for documents. She was relying mainly on the McCracken tribunal report and on some other documents which the IIB had given to Ms Harney's authorised officer.
Mr Peter Charleton SC, for Ms Harney, said the Minister had set out her reasons in an affidavit before the court. Following independent legal advice, the Minister believed the interim injunction should be discharged at the earliest possible opportunity.
Mr Charleton said that if there was an adjournment then legal submissions should be prepared by both sides in the meantime to address issues relating to the tax code, exchange controls and liability for criminal complicity in offences.
Mr Justice Lavan adjourned the matter to Wednesday.