National Asset Management Agency Act 2009

222.

Protection from civil liability of persons who report certain misconduct.

222.— (1) Where a person who is an employee of a participating institution or an officer of NAMA or a director or employee of a NAMA group entity communicates his or her opinion, whether in writing or otherwise, to a member of the Garda Síochána or a member of the Board that—

( a) an offence under this Act or any other enactment has been or is being committed,

( b) any provision of this Act or any other enactment or rule of law has been or is being contravened, or

( c) there has been other serious wrongdoing in relation to NAMA or a NAMA group entity,

then, unless the person acts in bad faith, he or she shall not be regarded as having committed any breach of duty towards any other person, and no person shall have a cause of action against the first-mentioned person in respect of that communication.

(2) Where a person who is an employee of a participating institution, an officer of NAMA or a director or employee of a NAMA group entity communicates his or her opinion, whether in writing or otherwise, to the Minister that a direction given by the Minister under this Act has been or is being contravened, then, unless the person acts in bad faith, he or she shall not be regarded as having committed any breach of duty towards any other person, and no person shall have a cause of action against the first-mentioned person in respect of that communication.

(3) This section applies to a communication—

( a) that would, but for this section, constitute a breach of duty by the person who made it, or

( b) in respect of which another person would, but for this section, have a cause of action against the person who made it.

F27 [ (4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

Annotations:

Amendments:

F27

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1 item 11, S.I. No. 327 of 2014.