Joe McHugh (Donegal North East, Fine Gael)
Link to this: Individually | In context

Question 92: To ask the Minister for Finance with reference to citizens whose businesses and or personal finances are affected by the National Asset Management Agency and in the context of section 221 of the National Asset Management Agency Act 2009, the way such persons may secure information and fair process; if reforms are being considered in this context; and if he will make a statement on the matter. [16328/11]

Michael Noonan (Limerick City, Fine Gael)
Link to this: Individually | In context

Section 221 of the National Asset Management Agency Act 2009 provides that, subject to exceptions covered in subsections 3 and 4, a person who communicates on behalf of another person with, amongst others, NAMA and 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, commits an offence. Section 221(3) and (4) provides for circumstances where communication with NAMA is not an offence. These circumstances are: where the communication is published; is made without an intention to benefit, or confer an advantage on, any specific person; is made in the public interest; or where the person who makes the communication concerned is acting in his or her professional capacity or in the course of his or her employment and does so in that capacity. These provisions allow citizens who believe that their business or personal finances are affected by NAMA to make enquiries about these issues by direct contact with NAMA as long as the contact is consistent with the requirements of subsections 3 and 4.

I am in discussion with NAMA about making improvements in the availability of information within the confines of the legislation.