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Offence of lobbying NAMA, etc.
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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.
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(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—
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(a) the lending of money,
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(b) the initiation of legal proceedings,
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(c) legal proceedings in being,
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(d) the engagement of the services of an expert adviser or other service provider,
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(e) any other matter that could give rise to an advantage or benefit to a person other than NAMA,
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(f) a tender, or
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(g) the purchase or sale of property.
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(3) It is not an offence pursuant to subsection (1) if the communication concerned—
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(a) is made public at the time of the communication,
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(b) is made without an intention to benefit, or confer an advantage on, any specific person, or
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(c) is made in the public interest.
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(4) It is not an offence pursuant to subsection (1) if the person who makes the communication concerned—
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(a) is acting in his or her professional capacity or in the course of his or her employment, and
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(b) does so in that capacity.
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(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—
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(a) that the communication was made,
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(b) the details of the communication made, and
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(c) the name of the person who communicated with him or her,
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to a member of the Garda Síochána.
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(6) A person who fails to comply with subsection (5) commits an offence.
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(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.
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