Rónán Mullen (Independent)

Notwithstanding the concerns expressed by Senator Norris, I welcome the publication of the Protected Disclosure in the Public Interest Bill 2012. I have no doubt that Senator Norris may well have useful observations to make about the legislation in due course, but I think it is very important that for the first time, we are going to have a piece of overarching whistleblower protection in this country. It is well known that there is a varying degree of protection - this is part of the problem - for whistleblowers in particular categories of some Acts. Transparency International has done great work in keeping this issue to the fore, which has kept the pressure on the Government. That organisation has certainly sought legislation of this kind for a long time.

It is important that we have overarching legislation which guarantees protection from damage to immunity against civil and criminal liability where people make protected disclosures, and that retaliation does not take place against people. It will always be important that there is a clear and identifiable "go to" person for somebody who has to make a declaration of knowledge that amounts to whistleblowing in the public interest. It is important as well that it would be illegal to take any retaliation or reprisals against a person who would make an appropriate disclosure.

There will always be a need for a tweaking of legislation to make sure that this does not open a way to malicious claims. While I would support the anonymity of whistleblowers in certain circumstances, this must be achieved in a way that does not allow malicious allegations to be made.

A good start has been made with the publication of this Bill. I share Transparency International's view that we are on the right track.