National Asset Management Agency Act 2009
Offence of lobbying NAMA, etc.
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.