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.