Mr. Philip Brennan:

It is proposed to insert a provision into the Act that matters concerning interpersonal grievances will not come within its scope. While we agree with the intent, we urge caution. In our experience, many employers regard claims of bullying, harassment and sexual harassment as interpersonal grievances. We encourage the committee to ensure that in drafting the Bill to exclude interpersonal grievances there is no ambiguity, and that it is explicit that it does not exclude disclosures regarding bullying, harassment and sexual harassment from protection.

The second area I wish to cover is anonymous disclosure, which is dealt with in head 8. It is proposed to explicitly afford protection to workers who make anonymous disclosures if they are subsequently identified and suffer penalisation. It is also proposed to avail of a "carve out" provided for in the directive that recipients of anonymous disclosures are not obliged to accept or follow up on such disclosures. It is our experience that concern about their identity being revealed is the single biggest fear that disclosers have and is one of the most significant deterrents to disclosure. This is why Raiseaconcern provides the service of being a confidential recipient. We have set out in our submission why we see no logic or justifiable reason as to why disclosures by named workers must be accepted and followed up by employers, whereas in contrast, the same obligation does not apply to disclosures made by anonymous disclosers.

The third area I would like to deal with is internal reporting channels. That is dealt with in head 9. It is proposed that the existing legislation will be amended to require all employers with 50 or more employees to establish internal reporting channels. While it is appropriate to minimise the compliance burden on micro or small enterprises, we feel there is no logic in excluding them from the requirement to put simple processes in place for receipt of employee disclosures. The risk of wrongdoing exists in micro and small enterprises just as it does in medium and large ones.

In the operation of other aspects of legislation, Ireland does not operate exemption or light-touch provisions for micro or small enterprises. For example, as a small enterprise we must adhere to the same tax administration provisions, health and safety provisions and environmental protection provisions as medium and large enterprises. Raiseaconcern's view is that our legislation should promote a workplace environment where all enterprises, small as well as big, act legally and properly. The Government is required under Article 20 of the directive to provide support on the design of policies and procedures and on their operation.

There is nothing to prevent Government bodies, trade associations, voluntary bodies and others from making template policies, procedures and processes available at low or no cost to micro or small enterprises, thereby eliminating or at least minimising the cost of compliance.

The fourth area we want to cover concerns ministerial reporting channels, dealt with in head 11. I am sure it is a provision with which the committee is well familiar. The Protected Disclosures Act 2014 currently permits disclosers who are employed by a public body to make disclosures to a Minister of the Government in certain circumstances. The general scheme of the Bill proposes to change this and introduce a range of new conditions that must be met for such disclosures, including that such disclosures will be referred to the new protected disclosures office in the Office of the Ombudsman. Raiseaconcern can understand that there are administrative benefits to having a central point in a protected disclosures office to which Departments can refer worker disclosures for evaluation and handling. However, the Bill proposes to introduce new and increased hurdles that disclosers must meet in order to make a disclosure to a Minister. This seems to narrow the ability of disclosers to claim protection and this seems regressive. We encourage the committee to consider this further.

There are areas where the Bill might be improved. Our submission sets down a further matter that the committee might consider. Where recipients of disclosures find on investigation that wrongdoing has occurred, we feel the legislation should require that the broader and underlying root causes that prevailed which facilitated or enabled the wrongdoing to take place should be identified. This should include why the wrongdoing was not identified by others before the disclosure was made by a whistleblower. It is only by completing this final step and taking remedial action to address the root causes that similar problems can be avoided at a general level in future. There should be sharing of the learning, and in the case of public bodies, there may be scope to incorporate provisions in this regard into annual reports. The protected disclosures office could also play a vital role in this, which would be in the public interest.

On the question of possible implications or consequences arising from the legislation, in our submission Raiseaconcern has set out the reasons adequate and appropriate resourcing of the new protected disclosures office in the Ombudsman's office will be crucial to its success. The same applies to adequately resourcing the functions of "prescribed persons" on whom significant additional responsibilities will now fall.

The proposed amendments to the Protected Disclosures Act will strengthen protection and redress for those who disclose wrongdoing and help ensure their disclosures are acted upon and that they receive feedback. It will also provide balance by ensuring due process is afforded to those who are the subject of disclosures. However, passing legislation alone is not enough. It is the view of Raiseaconcern that this needs to be accompanied by a Government-backed initiative to promote a positive attitude towards this whole area. Ireland should promote a culture where we encourage, as well as offer, legislative protection to workers who raise concerns about workplace wrongdoing. This culture would create the environment within which Ireland’s national and public interests would be best served by making it a better place to work, a better place to do business and a better place with which to do business. We encourage the Government to align this amended legislation with a public awareness programme promoting such a culture. We thank the committee for its time.