Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I can give an assurance that the Government is taking this matter very seriously. Yesterday I answered questions on it. I confirmed that the Garda was investigating a complaint in respect of an individual and that allegations had been made in regard to a second individual. The Garda has not come back to NAMA about that issue. This morning the Minister for Justice and Equality was advised by the Garda Commissioner that - I think people know this - there had been contact between NAMA and the Garda Síochána earlier this year with regard to another former employee. The Garda is awaiting a statement of complaint and supporting documentation. The Garda Commissioner also indicated that he had directed a senior officer to liaise with NAMA to ensure all of these matters of concern were fully pursued. I also understand the Committee of Public Accounts is in contact with NAMA about the investigations under way and that NAMA intends to assist the committee in so far as possible within the constraints of the ongoing Garda investigations. Where allegations of a criminal nature are made, the Garda is the appropriate authority to carry out the investigations.

The Deputy is aware that in respect of freedom of information requests, the Minister in a particular Department has neither sight of nor a function in what is agreed by the freedom of information officer in each Department to allow release. That is why there is an appeals system involving the Information Commissioner. It is not for the Minister to direct a freedom of information officer in any Department on what to release. The commissioner makes an independent decision in that regard.

The Deputy has made a serious point about an allegation that property valuations had been manipulated. I indicated yesterday that NAMA required the sale of all loans, properties and assets securing loans be conducted on a competitive and fully open market basis by suitably qualified and competent agents. In all these events NAMA insists on independent valuations of all assets. If an allegation is made of manipulation of valuations, it should be noted that NAMA requires an independent valuation of all loans, assets or properties dealt with. As I stated yesterday, a summary of a marketing campaign would be undertaken and all parties on a list expressing an interest in a loan or real estate would be contacted during the campaign. There would be a recommendation to accept the terms of the purchaser's offer, based on the best reasonably priced offer. There would be confirmation that the agent had reviewed the purchaser's confirmation and a statement disclosing any commercial relationship between the agent, the debtor, the purchaser or the ultimate beneficial owners in the past five years, or how any actual or perceived conflict of interest had been managed during a sales process. When the legislation was introduced, NAMA was exempt from freedom of information requests by the Government of which the Deputy was a member.

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