In reading the draft NAMA legislation, if you turn to page 75 you'll find the section on NAMA's "Valuation Panel"
The appointments to, and the impartial performance of, this panel are absolutely critical for NAMA's chances of success. I already have concerns and they stem from the comments of Justice Kelly, on July 31st 2009, when refusing court protection to six of Liam Carroll's companies. Apparently an independent accountant examined and backed the rescue plan, leading to this response from the impartial Judge:Appointment of valuation panel.
96.—(1) There shall be a valuation panel to adjudicate on disputes referred to it by NAMA under section 72 and section 76.
(2) The valuation panel shall consist of such, and such numbers of (not exceeding 12) persons as the Minister determines and appoints to be members of it.
(3) The Minister shall appoint a person as a member of the valuation panel only if the Minister is of the opinion that the person has relevant expertise or specialist knowledge.
(4) The terms and conditions of appointment (including remuneration and reimbursement of expenses incurred) of a member of the valuation panel shall be as the Minister determines
If a plan backed by an independent accountant can be accused of being "fanciful" it highlights how important it is that NAMA's "Valuation Panel" avoids similar misgivings. It must act in a brutally honest, unbiased, uninfluenced and impartial manner or substantial amounts of taxpayers' money may be wasted.He described as “a remarkable turnaround” a projection by independent accountant Fergal McGrath, who backed the rescue plan, that the group would move from insolvency and a deficit of more than €1 billion to a surplus of €290 million after three years.
The judge said this degree of optimism “borders, if not actually trespasses, on the fanciful”.
Brian Lenihan must be extremely careful who he appoints to this panel. Please update this thread with your thoughts on potential and actual candidates, as they are appointed by the Minister. Is there any speculation already on who is being considered? Will the positions be advertised or awarded behind closed doors?



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