NAMA Investigations

Dáil Éireann Debate, Wednesday - 22 October 2014

Wednesday, 22 October 2014

Ceisteanna (46)

Stephen Donnelly

Ceist:

46. Deputy Stephen S. Donnelly asked the Minister for Finance further to recent reports of gardaí attempting to locate a businessman (details supplied) who is being pursued by the National Asset Management Agency, to disclose the number of cases in which NAMA has secured an order directing gardaí to arrest any person; the number of cases in which NAMA has attempted to secure an order directing gardaí to arrest a person; and if he will make a statement on the matter. [40514/14]

Freagraí scríofa

Minister for Finance

In Irish civil litigation procedure, there is no provision for a plaintiff (such as NAMA) to seek an order in the terms described in the PQ, namely, an "order directing Gardaí to arrest any person". In certain circumstances it is open to the judge in a civil litigation matter to issue a bench warrant for the arrest of a person and a judge in civil proceedings may make an order for committal for contempt of court.  There is a remedy in civil procedure which allows for a party to make an application to Court for the attachment and committal of a person who is in contempt of court (for example by breaching a court order), and this remedy has been availed of by NAMA on one occasion so far.