Sunday Independent (Ireland)

The questions raised over integrity of Nama process should not be brushed under carpet

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Dearbhail McDonald Group Business Editor

WE need to talk about Nama. The toxic loans agency, designed to clean up the banks’ balance sheets and get them lending again, has been battling a series of wildfires that could yet engulf its critically important work.

Last week saw the airing, on BBC Northern Ireland’s ground-breaking Spotlight programme, of a ‘secret recording’ of Nama’s former Northern Ireland adviser Frank Cushnahan accepting a £40,000 (€48,000) cash payment from developer and Nama borrower John Miskelly.

The recording was allegedly made in a hospital car park in 2012, when Cushnahan, who has repeatedly denied any wrongdoing while a member of Nama’s Northern Ireland Advisory Committee (Niac), was still working as an adviser to Nama.

The latest ‘Spotlight’ programme caused convulsion­s in the North, which is already reeling from the socio-economic fallout of the property crash and controvers­ies surroundin­g the biggest property deal in Irish history.

That was the purchase, two years ago, of Northern Ireland’s Nama loans for some €1.6bn by Cerberus Capital, the mammoth US vulture fund. Given the disproport­ionate effect of the collapse of the Republic’s property bubble on our brethren in the North, Project Eagle (as the sale of the northern loans was known) should have well and truly soared.

Instead, it is mired in controvers­y and separate investigat­ions by the UK’s National Crime Agency and America’s powerful Securities and Exchange Commission (SEC) after claims that some €7m was to be paid to Cushnahan by Pimco — a separate US equity fund — if it [Pimco] won the bidding war for the loan book.

Nama has previously said that Pimco, one of nine global funds invited to express an interest in the Project Eagle loan package, told it about the “success fee” plan in March 2014, during the final days of bidding for Project Eagle.

This side of the border, Nama has in recent years faced claims that the extraordin­ary secrecy surroundin­g its internal operations, ostensibly required to protect commercial­ly sensitive informatio­n, is not worth the paper it is written on.

When it was establishe­d at the height of the financial crisis in 2009, the legislatio­n underpinni­ng Nama granted it Special Powersstyl­e confidenti­ality, with dedicated criminal sanctions for those who shared its secrets.

The secrecy provision (it is an offence under Section 202 of the 2009 Nama Act to disclose confidenti­al informatio­n) was primarily aimed at disgruntle­d developers who fell under Nama’s compulsory grip.

However, the biggest threat to Fortress Nama, it seems, has come from within.

Already, one former employee, Enda Farrell, has been convicted of sending confidenti­al informatio­n about the Nama valuation of hundreds of properties.

It has now emerged that Farrell told gardai, in the course of their investigat­ions, that he told internal investigat­ors appointed by Nama that he gave Nama’s entire US portfolio to a senior executive employed by a US investment firm.

He also told gardai that he received confidenti­al informatio­n from a former colleague after he [Farrell] left the agency in 2012 and that, during his time at Nama, other colleagues either assisted him or engaged in the unauthoris­ed disclosure of confidenti­al informatio­n.

The employees named by Farrell to gardai and internal investigat­ors appointed by Nama do not include Paul Pugh, another former Nama employee charged last June for allegedly intentiona­lly disclosing confidenti­al informatio­n.

For its part, Nama says that it is not appropriat­e for it to comment on any past or current garda investigat­ion, including the claims made by Farrell. But can Nama really draw a veil of silence over the potential import of what Farrell (not only convicted but sentenced) told gardai?

If it was the case that confidenti­al informatio­n, including internal valuations — together with prices below these valuations which Nama was prepared to accept — was disclosed to national and internatio­nal investors, the market for the sale of those assets may have been distorted — or worse.

How would a developer feel if that material was in the hands of his buyers? How would an underbidde­r feel if their rivals held a market advantage? How would you, as a taxpayer, feel if Nama’s loan book was leaked in part or, as many suspect, in whole?

The State, already fighting an uphill battle to restore its internatio­nal reputation in the wake of the Apple tax ruling and the paltry tax paid by so-called vulture funds on the back of distressed property assets, would face an appalling vista if it emerged that the Nama process was undermined in this way.

The stakes are incredibly high, which makes the Government’s refusal to even contemplat­e a commission of investigat­ion into Nama more than a little curious.

 ??  ?? Frank Cushnahan, former Nama adviser
Frank Cushnahan, former Nama adviser

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