Michael McGrath (Cork South Central, Fianna Fail) | Oireachtas source

I thank colleagues for raising all of those issues. I fully understand and appreciate that many people are watching this debate. They are looking at it through the lens of their own experiences which, in many instances, have not been good and they want to see a way forward provided through this legislation. They expect the committee and the Oireachtas to bring about improvements. That is exactly what we seek to do.

One of the main changes that will be introduced as a result of the enactment of this Bill is feedback and an outcome. Under the existing Act, one makes a disclosure and does not have a legal right to an outcome. One does not have a legal right to know how exactly it has been dealt with or to get any feedback. That will be quite explicit in this Bill, which is a very important reform and a major step forward.

On the question of the ministerial channel and the related issues we have been teasing out, it cannot be considered in isolation from the role of the protected disclosures commissioner. Let us call it the protected disclosures commissioner's office. That office will be there to assist whistleblowers. Whistleblowers will be able to contact the office to seek advice as to who is the appropriate prescribed person to refer a protected disclosure to.

It can be very difficult. There are currently approximately 100 prescribed persons under the legislation. If somebody at work sees something that he or she believes is very wrong and does not know where to turn, once this Bill is enacted, there will be a protected disclosures commissioner's office the person can contact. The office will advise and guide the person as to who is the most appropriate prescribed person for that disclosure to be referred to. That point is important and worth making.

In situations, which will be rare given there is a very large number of prescribed persons, in which the office cannot identify who the appropriate person is, it can deal with the protected disclosure, follow through and come to an ultimate determination in respect of it. That is a very important change which will be made by this Bill once it is enacted, it is hoped, in the weeks and months ahead.

What we seek to do in respect of the ministerial channel is to make sure there is a proper process. In reality, what will happen when a Minister receives a protected disclosure under the new regime, once the Bill is enacted, is it will be referred to the protected disclosures commissioner to assess who is the most appropriate prescribed person to deal with that disclosure. It could well be the case that the most appropriate person is the Minister, in which case it will be referred back to him or her. The Minister will then inherit all of the obligations under the new Act to consider, provide feedback and, ultimately, to come to a view as to the outcome of that protected disclosure. Those points are important for context.

This is not in any way an effort to diminish the rights of people. It actually strengthens them for all of those reasons. They will now have a right to an outcome and feedback. They have a right to have their case dealt with by somebody, be it a prescribed or suitable person designated by the commissioner or indeed the commissioner. That represents significant progress for whistleblowers who, at present, operate in an environment which is not what it should be.

The Act was of its time. It was groundbreaking for its time but it has been in operation for seven or eight years and we have seen its shortcomings. We are using the opportunity of the transposition of this directive to try to improve it. We are improving it, including in the treatment of the ministerial channel that is proposed.