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

Mr. Séamus Clarke:

I can make a brief contribution on that. Head 6 of the general scheme outlines specific rules on the reporting of instances of relevant wrongdoing are provided in the sector-specific union acts and those rules should apply. The Deputy raises a very important context, which is whistleblowing in the financial services sector regarding financial impropriety and a lack of probity in financial matters. That is probably a greater area that we have not dealt with in the same way as they have in the United States. It is absolutely open to the Legislature to deal with this important matter in separate legislation and provide incentivised schemes to encourage people to come forward.

It has been pointed out by many Deputies, including Deputy Doherty, that coming forward with information of this nature can be perilous to one's career, financial stability and relations with family members' mental health. The attraction of an incentivised scheme is that it would really incentivise somebody in going down what is a perilous and difficult road, particularly in areas of financial impropriety, where the gains to the State from recouping where there has been a large degree of impropriety, can also be shared with the person who took the bold move of making the relevant wrongdoing known. It is a greater project to pass legislation in that area and it is of course a path open to the Legislature.

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