Dáil Éireann Debate, Tuesday - 20 October 2015
271. Deputy John McGuinness asked the Minister for Finance if the National Asset Management Agency has been instructed, or if is it allowed, to seek to make itself a preferential creditor in its dealings with borrowers; and if he will make a statement on the matter. [36003/15]
View answer272. Deputy John McGuinness asked the Minister for Finance if he is aware of any cases where the National Asset Management Agency has sought to have itself placed ahead of the Revenue Commissioners in its dealings with borrowers; and if he will make a statement on the matter. [36004/15]
View answerI propose to take Questions Nos. 271 and 272 together.
NAMA is obliged to seek to protect the position of Irish taxpayers to the greatest extent legally possible in all dealings with debtors, including in the context of other creditors. In doing so, NAMA is aware that other creditors, including international banks, will seek to do likewise and it is entirely appropriate that NAMA takes all necessary steps to ensure that the position of Irish taxpayers is not undermined in any way. I am advised that, in certain circumstances, this requires NAMA to agree sharing arrangements with other creditors, for example in the context of unencumbered assets, but this can only be considered on a case-by-case basis by reference to the unique facts of each case, including NAMA's position in the hierarchy of creditors.
As the Deputy is aware, the Revenue Commissioners have significant rights regarding the collection of taxes and all creditors, NAMA included, must have due cognisance of these rights.
