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Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: He should take a leaf out of the book of Mr. Alan Dukes, the former leader of Fine Gael behind the Tallaght strategy.

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: Mr. Dukes was prepared to work in the national interest. The price he paid was the disloyalty and betrayal of the Fine Gael Members in this House-----

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: I will stick to it. I seek the Cathaoirleach's protection.

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: The ECB opinion on NAMA contains a number of key points. It welcomes the fact that NAMA is designed to comply with EU state aid rules. The bank's funding and support for the legislation is key. Without these, the Bill would not and could not work. I support it because individual banks would not be in a position to provide funding if the European Central Bank did not lend to the State....

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: I ask the Minister and his officials to consider them. The advantage of being in the Seanad is that we have such submissions sent to us. I am sure they were sent to many Members. I have not had the opportunity to examine them all in detail. It is a matter for the Department which I ask to examine the matters raised. "Special purpose vehicle" is an interesting term. It is a Fianna Fáil...

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: The ingenious idea is to take on the awful responsibility that is Government borrowing. The Minister carefully outlined what the SPV is and can do. In conjunction with the SPV, what role does he see for the Office of Public Works, OPW? I have searched through the Bill. Why is the most important property agency being excluded from it? Will the Minister consider an amendment to include the...

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: It has a role. The OPW is a success story. From the buildings of the Department of Agriculture, Fisheries and Food to Dublin Castle and Farmleigh House, it organises, manages and controls properties. Were I in Opposition, I would table an amendment. Of course, I would not be able to support it.

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: However, I would examine the Bill constructively to determine how to improve it. Since the Minister of State used to have responsibility for the board of works, he knows how effective is the OPW. I never served in that section of the Government, but it is one of the most effective organisations. The quality of the buildings it has designed and maintained should show that it would be an...

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: Some Senators have banking qualifications and would be ideal members. Who would be better to go into NAMA and shake things up than Senator Ross? I will not name everyone, although Senator Harris is encouraging me to speak to Senator Quinn. Every Member, including my esteemed colleague, Senator MacSharry, would be qualified.

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: Why exclude them? I am not saying they should be appointed, but they should not be subjected to an exclusionary article. I am referring to section 19 which states that NAMA's members cannot be Members of the Houses or the European Parliament. If they have the good fortune to be nominated to local councils, they must leave NAMA. A qualified person who might be the best candidate to work...

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: I am glad I managed to mention this before my time was up. Lobbying NAMA will be an offence. Similar provisions have not been in any previous Bill. It removes the role of Deputies and Senators, as it will be a criminal offence to lobby NAMA. We will be asked to make representations for projects or so on. I want Oireachtas Members to be excluded from this provision, especially those who...

Seanad: National Asset Management Agency Bill 2009: Second Stage (9 Nov 2009)

Terry Leyden: I do not want to exclude it.

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Terry Leyden: I welcome the Minister for Defence to the House. The Government amendment is an excellent amendment. However, section 210(1) states, "The Minister may issue guidelines". I think this should use the word "shall" and I ask the Minister to consider that for Report Stage, because "shall" is more definite. We have had concerns about the word "may" previously and as Senator MacSharry has said,...

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Terry Leyden: That is unparliamentary language.

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Terry Leyden: Will the Minister explain why, if NAMA at some future stage is very successful, it is exempt? I accept it is a State organisation and all profits accrue to the State but why exclude it from all normal taxation?

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Terry Leyden: On the role of public representatives - Deputies, Senators and councillors - in making representations to NAMA, this section is pretty strong with regard to a person communicating on behalf of another person, providing advice and so on, and it refers to the initiation of legal proceedings. What is the role of the public representative as far as NAMA is concerned? The Minister stated NAMA...

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Terry Leyden: The role of public representatives in this regard is an important issue.

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Terry Leyden: I am the longest serving Member of either House of the Oireachtas. However, I do not mind if I am a minority of one. When I served in the Departments of Posts and Telegraphs and Transport, I received representations from public representatives from all sides. The Green Party was not around at that time, which is a long time ago. I was lobbied by Fine Gael and the Labour Party.

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Terry Leyden: I am making the point that there is something wrong if public representatives, be they Deputies, Senators or councillors, cannot communicate their constituents' concerns. We are not speaking here of lobbyists making money. One cannot communicate with the Health Service Executive which is above reproach. In addition, one cannot contact An Bord Pleanála because-----

Seanad: National Asset Management Agency Bill 2009: Committee Stage (Resumed) (11 Nov 2009)

Terry Leyden: I am interested to hear from Senator Boyle that the Green Party is responsible for this provision, which is fair enough. I accept his point. I am making the point - I may be in the minority in this regard - that when one sees a situation where-----

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