Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I wish to advise the Deputy that the DPP is entirely independent in carrying out her functions and neither I nor the Department of Finance are privy to her decisions. It would not be appropriate for me to question or query any action taken by the DPP in relation to these proceedings, and I did not discuss this matter with the chairman or CEO of NAMA. However, I am aware from recent newspaper reports of the decision by the DPP not to pursue this matter. Such a decision is solely within the purview of the office of the DPP. 

I wish to inform the Deputy that employees assigned by the National Treasury Management Agency, NTMA to NAMA are bound by a number of statutory obligations in respect of the confidentiality of information to which they have access by virtue of their employment by NAMA. These include obligations imposed under section 14(1) of the National Treasury Management Agency Act 1990 and under section 202 of the National Asset Management Act 2009. In addition to this, I can advise the Deputy that staff who are assigned to NAMA by the NTMA are also subject to the provisions of the Official Secrets Act 1963. Contravention of these statutory obligations constitutes a criminal offence. Under section 7 of the NAMA Act, a person who commits such offences may be liable to a substantial fine, a term of imprisonment or both.

Under section 19 of the Criminal Justice Act 2011, any party with evidence of criminal wrongdoing is legally obliged to bring such evidence to the attention of An Garda Síochána. I am advised that at all times where NAMA has had reason to suspect that confidential information has been unlawfully released, NAMA has informed An Garda Síochána and fully assisted in Garda investigations.

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