Brendan Howlin (Wexford, Labour) | Oireachtas source

Again, I have given careful consideration to this amendment. I am concerned that the implications might be somewhat different from what the Deputy intends. A failure on the part of a person to comply with a legal obligation is listed as one of the relevant wrongdoings in section 5(3)(b). Therefore a breach of the statutory code would represent a breach of such a legal obligation and may fall under one or more of the relevant wrongdoings depending on the issue and the substance of the matter. The Deputy seeks to include breach of a "workplace code of practice". Many workplace codes of practice and even professional conduct are designed to protect the house, not to allow for the exposition of wrongdoing within the house. I recall doctors being concerned about a contract that would require them not to speak adversely about the policy of a one state institution. There are examples where such in-house rules would work to the detriment of other workers who wished to out wrongdoing. I think there is another way of going about this and it is not unrelated to our last discussion. I have been speaking to my officials as to where we could slot in the initial point the Deputy made. Perhaps the Chair will indulge me to refer to the previous discussion. Let us look at Part 5, section 21, of the Bill. We may be able to include volunteers in the internal procedures for protected disclosures made by workers employed by public bodies, where they are required, under section 21, to establish and maintain procedures for dealing with protected disclosures made by workers who are or were employed by a public body. We could potentially include volunteers. I have not discussed this with the Attorney General yet. Perhaps we could have regard in the code of conduct to professional codes also. Obviously, I do not want to accept anything that would diminish the capacity of people to disclose wrongdoing.