Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendment No. 17:

In page 17, to delete lines 29 to 34.

Section 18 applies to a disclosure of information if it might reasonably be expected to affect adversely the security, defence international relations and intelligence of the State. These disclosures are not protected. I am not arguing the point if it adversely affects the security or defence of the State. However, in regard to adversely affecting international relations, it could go too far. There is no protection under the legislation for a person acting on behalf of the Government, as well as another government, or a person acting for that government, if he or she makes a disclosure. Let us think of international corporation tax regimes. It is reasonable that people acting on behalf of the Government, another government or other bodies and institutions at an international level should be able to discuss a broad range of issues affecting our international relations, whether positively or negatively. Sometimes it could be in the public interest for a person to make a disclosure and it would be very wrong if he or she were to be excluded from protection under the Bill. We will have a banking inquiry. There are letters from the European Commission that are being withheld. They have landed in the Department of Finance and probably been seen by umpteen people. At the end of the day, it would be wrong if a senior official in Ireland with access to these letters decided to make a protected disclosure under the legislation and yet had no protection under it because somebody deemed it affected our international relations with other countries. I will elaborate, but I think the Minister understands the point I am making.