Enda Kenny (Mayo, Fine Gael) | Oireachtas source

The Government is taking this matter very seriously and the point raised is one of concern and substance. I note the statement yesterday from NAMA. It states:

The Senator's comments in the Seanad this afternoon suggest that he has evidence of impropriety involving staff members of NAMA. He has not shared any such evidence with NAMA. Nor has NAMA received such evidence from any other party. If the Senator or any other party has evidence of any impropriety, they are legally obliged, under section 19 of the Criminal Justice Act 2011, to bring it to the immediate attention of the Garda Síochána.

That means the Act, since going through the House and becoming law, makes it a criminal offence not to follow a legal requirement if somebody has information about impropriety to bring it to the attention of the Garda directly. The Minister for Finance, the Minister for Justice and Equality and the Government is not involved in carrying out any criminal investigations, although these are serious matters. I repeat that anybody with information about improprieties, illegal actions etc. should bring them to light under the relevant section of the Act.

There are specific offences under the NAMA Act 2009 regarding the inappropriate disclosure of confidential information. I understand an investigation by An Garda Síochána into a complaint made by NAMA some time ago against a former employee is at a very advanced stage. I cannot comment on that. More recently, in August this year, An Garda Síochána received a separate complaint from a firm of solicitors acting on behalf of a client relating to the alleged disclosure of information by NAMA.

The Garda, which is the appropriate authority, has been awaiting receipt of further documentation from the solicitors concerned. The Garda will fully investigate any allegations of criminal activity. I understand that NAMA was informed by a journalist over the weekend that certain allegations had been made by a former employee about the activities of current and former NAMA staff. NAMA cannot and will not issue any public comment about ongoing Garda investigations or the background to them so as not to prejudice the outcome of any investigations that take place. NAMA has not been contacted by the Garda to date in connection with the allegations. Other than what appeared in the public press yesterday, NAMA has no specific knowledge of these allegations and therefore will not make any public comment other than the press statement it issued yesterday indicating that if somebody has an issue, he or she should bring it to the attention of the relevant authorities forthwith.

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