Oireachtas Joint and Select Committees

Thursday, 15 May 2014

Select Committee on Jobs, Enterprise and Innovation

Competition and Consumer Protection Bill 2014: Committee Stage

2:50 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I move amendment No. 72:


In page 85, between lines 22 and 23, to insert the following:
“(7) The Commission must provide for anonymity and confidentiality of a complainant who reports a breach of the Regulations, and a complainant who waives anonymity must be protected from discrimination, disadvantage or unfair treatment as a result of the complaint subject to natural justice being afforded to the accused.”.
This is another important amendment. Given that the attention of the Oireachtas has been gripped by very valuable work carried out by whistleblowers throughout society but most centrally in the justice sector, confidentiality is an important element of getting to the truth. There is no doubt that a large number of suppliers believe that when they come to the table with real grievances they will be blacklisted and therefore will have fewer opportunities to engage in trade with organisations to protect these individuals. That barrier to getting to the heart of improper use of power in the market is a logical step to allow for that. We are not looking to allow for vexatious reporting to the commission. The commission is well able to identify vexatious reporting but it is important that some level of protection for individuals is afforded. If the individual wants to make themselves known in the process that should be allowed also but in that case they must be protected from discrimination, disadvantage and unfair treatment into the future.

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