Seanad debates

Wednesday, 29 June 2011

Whistleblower Legislation: Motion

 

5:00 am

Photo of Tom ShehanTom Shehan (Fine Gael)

I welcome the Minister of State, Deputy Seán Sherlock, and congratulate him on his appointment. I also commend Senator Rónán Mullen for bringing the motion before the House.

The commitments given in the programme for Government are specific in regard to whistleblowing. The programme states the Government will introduce whistleblowers legislation. The Government has reaffirmed its commitment to legislate to protect whistleblowers who speak out against wrongdoing or cover-ups, whether in the public or private sector. The Minister for Public Expenditure and Reform will shortly seek Government approval to prepare framework legislation providing for a universal legal charter covering reporting in good faith and providing protection for all employees in the public and private spheres who engage in disclosure. The work will be advanced by a specially created new reform unit with the Minister's Department, about which we were informed earlier today. The Minister has instructed that this work be given top priority.

The Minister envisages that the provisions to be adopted in Ireland should reflect those applicable in the UK. Its key whistleblowing legislation is the Public Interest Disclosure Act 1998. This applies to almost all workers and employees who ordinarily work in Great Britain. The areas covered include criminal offences, risk to health and safety, failure to comply with a legal obligation, a miscarriage of justice and environmental damage. The protections available to all UK employees under the UK Act were given legal effect in Northern Ireland by the public interest disclosure order 1998 and came into operation on 31 October 1999. The order offers a framework of protection against victimisation or dismissal for workers who blow the whistle on criminal behaviour or wrongdoing, as defined in the legislation. All employees and other whistleblowers protected under the Act are given equal protection. The same protections are not available universally in the Republic of Ireland and the Government intends to make good this deficiency as a matter of urgency.

The main objectives of the proposed legislation are to bring about a change in behaviour and attitude towards wrongdoing in Irish public and corporate life. That would be welcome and is long overdue. I hope the proposed legislation will be brought in by the Minister with the greatest possible expediency. A further objective is that the introduction of comprehensive whistleblower legislation will bring about a radical change in company behaviour and create a safer environment for people to speak out about wrongdoing in the workplace or in public life. I second the amendment.

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