Oireachtas Joint and Select Committees

Wednesday, 29 September 2021

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I thank Mr. Kennedy for that answer. My next question is for Mr. Clarke and the Bar Council. I was very interested in the point he made about section 13 of the Protected Disclosures Act and how it limits the options available to a person who has been discriminated against as a result of making a protected disclosure. He also referred to the capacity that exists for a person who has made a protected disclosure to apply for interim relief. If an employee applies for interim relief before the Circuit Court, does he or she have to, under statute or common law, give an undertaking as to damages, as is the case in most applications for an injunction? If that is the case, is that a deterrent for employees to seek that interim relief because of the threat hanging over them of an undertaking as to damages?

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