Government response on NAMA
The Deputy Leader acknowledges O’Brien’s role in raising NAMA concerns, says Garda investigations must proceed independently and recommends that NAMA’s board answer questions before the relevant Oireachtas committees.
Senator Darragh O'Brien spoke about the further allegations that have been made regarding NAMA. I join others who have commended the Senator on raising this issue. This is an illustration of the importance of the Seanad as an appropriate forum for highlighting issues. Clearly, these are serious matters that fall within the remit of the Garda. Like others, I am glad to hear that Senator O'Brien will be lodging the documents he spoke about with the Garda this afternoon. That is indeed the appropriate course. The Senator also asked for the Order of Business to be amended to bring the Minister for Finance to the Chamber today. I cannot accede to that request because the Minister, Deputy Noonan, is in Brussels at an ECOFIN meeting.
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The Minister of State at the Department of Finance, Deputy Brian Hayes, could come to the Chamber instead.
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In any event, I am not sure it would be appropriate for the Minister to debate the matter with us. Senator Mullins, who was one of the many Senators to speak on this issue, sensibly suggested it would be more appropriate for the board of NAMA to be brought before the Committee of Public Accounts or the Joint Committee on Finance, Public Expenditure and Reform to be interrogated and to answer questions. That appears more appropriate to me. The Government has said that it takes the allegations and accusations about NAMA very seriously. As others have said, anyone who has evidence of impropriety is legally obliged under section 19 of the Criminal Justice Act 2011 to bring that to the immediate attention of the Garda Síochána. I was glad to hear Senator Darragh O'Brien saying that the Garda Commissioner has had the information in question since early December and that he will be supplying the extra information today. Of course it is important to point out that neither the Minister for Justice and Equality, the Minister for Finance, any Minister of State nor the Government itself may be involved in carrying out criminal investigations.
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Such investigations are solely matters for the Garda Síochána. Any person who has information that might be useful should make it available to the Garda. People have been critical of the NAMA legislation. I think that is fair. There are specific offences under the NAMA Act in relation to the inappropriate disclosure of confidential information.
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This is just a clarification. The Deputy Leader should not forget that NAMA denied there was a second investigation until we raised it in the House.
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Dealing specifically with the state of the investigations, I understand an investigation by An Garda Síochána into a complaint made by NAMA against a former employee some time ago is at an advanced stage. I know colleagues will be relieved and glad to hear the investigation by An Garda Síochána into that former employee is at an advanced stage so it would be inappropriate for anyone, including a Minister or Leader in the Seanad, to say anything further about an ongoing investigation. More recently, I understand that in August 2013, An Garda Síochána received a separate complaint from a firm of solicitors acting on behalf of a client relating to the alleged disclosure of information by NAMA and that the Garda has been awaiting receipt of further documentation from those solicitors and will, of course-----
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With all due respect, that only came to light after it was raised in the House.