Micheál Martin (Cork South Central, Fianna Fail)
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Question 95: To ask the Minister for Finance the instructions he has issued to staff, both permanent and non-established, in his Department regarding the handling of lobbying by persons and organisations; and his plans to issue any such instructions in advance of any statutory framework being instituted. [11798/11]

Michael Noonan (Limerick City, Fine Gael)
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The most recent notification issued to staff of my Department was Office Notice 20/2009, which concerned lobbying NAMA on behalf of another. A copy is included for the Deputy's information. It is expected that central guidelines on the handling of lobbying will be issued by my Department in the coming months. Further instructions issued to the staff within the Department will, of course, have regard to such guidelines.

Office Notice: 20/2009

NAMA Lobbying

The National Asset Management Agency Act 2009 (Section 221) makes it an offence for a person to lobby NAMA on behalf of another (copy attached).

Lobbying occurs where a person communicates on behalf of another person with the intention of influencing a NAMA decision. Staff must not in any circumstances lobby or seek to influence NAMA in favour of another person.

There is an exemption from the lobbying offence where representations on behalf of a person are made in a professional capacity in the ordinary course of employment. Barring regular contacts through the NAMA Unit, Department communications with NAMA in the course of official business related to individual cases would happen only in exceptional circumstances. Care will have to be taken in the management of any communications with NAMA.

The following guidelines apply:

- Representations dealing with general policy matters, relating to the performance of NAMA, or within the broad range of accountability for which the Department is responsible, should be referred through the Department's NAMA Unit to NAMA and may be answered in full.

- Representations relating to the particular circumstances of individuals or companies should not be referred to NAMA. A standard response indicating the issue is a matter for NAMA and referring to the offence of lobbying NAMA will be prepared for issue in such cases.

- Certain representations may raise significant policy issues based on specific cases. In such cases the policy issue should be referred through the Department's NAMA Unit to NAMA for views, but without identifying the individual case concerned. Any such referral to NAMA should be cleared by the AP in the NAMA Unit.

- In limited cases it may be necessary to discuss individual details with NAMA in order to prepare an informed policy response. Such cases should only be dealt with by the NAMA Unit. In such cases individual details can be referred to NAMA, but only after clearance by the PO in the NAMA Unit.

- Representations on tax issues related to NAMA can be referred to Revenue as normal. The Act provides for the full exchange of information between Revenue and NAMA.

A PQ protocol will be prepared shortly setting out the roles of the Department and of NAMA in formulating PQ responses. If you have any general queries on the NAMA lobbying offence please direct them to Mr. Brian Finn, NAMA Unit.

CSD

16 December 2009

Extract from National Asset Management Agency Act 2009

221.—(1) Subject to subsections (3) and (4), if a person communicates, on behalf of another person, with NAMA, a NAMA group entity or a person providing services or advice to NAMA or a NAMA group entity with the intention of influencing the making of a decision in relation to the performance of the functions of NAMA or the NAMA group entity, the person commits an offence.

(2) Without prejudice to the generality of subsection (1), a reference in that subsection to a decision relating to the performance of the functions of NAMA includes a decision relating to—

(a) the lending of money,

(b) the initiation of legal proceedings,

(c) legal proceedings in being,

(d) the engagement of the services of an expert adviser or other service provider,

(e) any other matter that could give rise to an advantage or benefit to a person other than NAMA,

(f) a tender, or

(g) the purchase or sale of property.

(3) It is not an offence pursuant to subsection (1) if the communication concerned—

(a) is made public at the time of the communication,

(b) is made without an intention to benefit, or confer an advantage on, any specific person, or

(c) is made in the public interest.

(4) It is not an offence pursuant to subsection (1) if the person who makes the communication concerned—

(a) is acting in his or her professional capacity or in the course of his or her employment, and

(b) does so in that capacity.

(5) A person who believes that he or she has been communicated with in contravention of subsection (1) shall, as soon as may be, report—

(a) that the communication was made,

(b) the details of the communication made, and

(c) the name of the person who communicated with him or her,

to a member of the Garda Síochána.

(6) A person who fails to comply with subsection (5) commits an offence.

(7) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both.