The Minister for Finance was not aware until last week that a large number of files had gone missing in his Department and could not be supplied to the Moriarty Tribunal as requested.
Following a series of questions posed by Fine Gael's finance spokesman, Mr Michael Noonan, the Department took the unusual step yesterday of issuing a list of replies by way of statement.
In spite of a search for the missing documentation involving, at times, up to 30 civil servants delving in a number of buildings and warehouses since January, the Department said Mr McCreevy was "unaware that a significant number of files could not be located until last week".
According to his Department, the Minister was informed of the problem "around the middle of last week" when an RTE reporter - Economics Correspondent George Lee - indicated to Mr McCreevy's press officer, Ms Mandy Johnston, that he knew of the missing files.
"Until then, the Department had been pursuing its searches and had not come to a definitive conclusion as to the prospects of locating the outstanding files. The Minister, having directed the Department to do everything to assist the tribunal, would not have considered it appropriate to involve himself further in the search process," the statement said.
In addition to the Minister not knowing of the missing documentation, the Department did not inform the Moriarty Tribunal "because the production order was continuing". The matter "did not arise" in the context of Dail debates relating to the terms of reference of the Moriarty Tribunal.
The tribunal investigating payments to Mr Charles Haughey and Mr Michael Lowry served an Order of Production on the Minister last December for documents on the operation of exchange controls from 1954 to 1993.
A schedule of all files pertaining to exchange controls between 1954 and 1992 was sent to the tribunal last night, including a list of the missing documentation. The Minister has asked the tribunal if there are any objections to publishing the list of lost files.
Meanwhile, the Department statement insisted it was available to the tribunal at all times since the order was issued. There was never any intention to cause difficulties for the tribunal, it added.
None of the lost documentation had been located up to last night, leaving the figure of missing files at 151. Among those are five from 1991 and part of one from 1995.
The Department also confirmed that files relating to the sterling devaluation of 1967 were made available to the National Archives within days of their being requested and "they remain there". Work is under way to comply with the provisions of the National Archives Act that allows official documentation be stored within a 30-year period.
Editorial Comment: page 15