Members of the parliamentary committee of inquiry into Novo Banco must turn to the Supreme Court if they wish to publish the Banco de Portugal’s secret report assessing the performance of the supervisory authority pending the decision of the BES. The nomination was made by Parliament’s services who, at the request of BE, were asked to assess the end of the confidentiality of the report. João Costa Pinto, the author of the report, was asked by MEPs on Wednesday about a document that criticizes the manager’s role and is classified as secret.
“The decision on the lifting of professional secrecy is a decision which, by virtue of its competence, falls exclusively within the competence of the courts,” argue the services in the conclusions in the memo sent by the chairman of the parliamentary committee to MPs to which the PUBLIC has access would have. The same note states: “The decision on the violation of professional secrecy rests with the Supreme Court, as set out in Article 13-A of the Parliamentary Investigation System (RJIP). And he adds: “If the Commission decides to request the lifting of the professional secrecy relied on by the Banco de Portugal in the course of the BES liquidation proceedings in relation to the report of the Committee for the Evaluation of Decisions and the actions of the Banco de Portugal In BES oversight should also be directed to the Supreme Court for a breach of confidentiality incident that is of an urgent procedural nature. “
Fernando Negrão, who is in charge of the work of the Commission, informed the PUBLIC that the MEP’s reply was awaited. In January, the Banco de Portugal’s report was sent to the Commission of Inquiry by the institution headed by Mário Centeno, in accordance with the rules that came into force in 2019, and the powers of the Commission of Inquiry to access banking information were increased. The transfer took place after the Tribunal da Relação ruled that the confidentiality obligation could not be lifted in the context of BES’s insolvency. In this context, this report has already gone through the courts and can now be returned if MPs appeal to the Supreme Court.
What is certain is that regardless of the decision of the parliamentarians, the decision of the parliamentarians will not arrive in time for the hearing of João Costa Pinto, who was in charge of the former governor Carlos Costa, to draw up a report assessing the performance of the parliamentary supervisor until at the end of the BES in August 2014. Costa Pinto is the first respondent in the hearings of the Novo Banco poll, which starts this Wednesday at 9:30 am.
The Bloco de Esquerda called on the Assembly of the Republic to make an assessment of this classification, arguing that this “is not a document designating people, but protecting the identity of the various people involved. It is a document that analyzes and evaluates the institution’s intervention. There are few arguments that are worth more than the public interest. “The Novo Banco survey then carried out a“ legal assessment ”of the possibility that the report was no longer confidential.
In October, PÚBLICO announced that the commission headed by João Costa Pinto stated that in 2013 it was possible to replace Ricardo Salgado as Executive Chairman (CEO) of BES, as the Banco de Portugal had legal instruments.