Dáil debates

Thursday, 12 November 2009

National Asset Management Agency Bill 2009: From the Seanad

 

3:00 pm

Photo of Joan BurtonJoan Burton (Dublin West, Labour)

If the Minister were minded to accept amendments he should have told us so this morning. It is a pity that we do not have time to sort out the mess on whistleblowing and false statements. Correctly, a whistleblowing amendment has been included and there is also an amendment on making false statements. However, under section 221(5) if an officer, director, or employee of NAMA, and presumably of the special purpose vehicle, is communicated with in contravention of the Bill or, in other words, lobbied, he or she must go as soon as possible to the Garda to state that the communication was made, the details of the communication and the name of the person who communicated with him or her. If the person does not do so he or she commits an offence and is liable to a fine of €1,000 or imprisonment for up to six months.

Deputy Gogarty spoke about bankers in chains, which we will never see in this country — it is not the United States. Rather like the beef tribunal so long ago, it will be a poor unfortunate employee of NAMA who is lobbied, who fails to understand the nature of the communication, and who fails to hotfoot it to the Garda who will be guilty of an indictable offence and will face up to six months in prison. Communication covers e-mail and receiving communication does not necessarily mean that one wanted to receive it.

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