Oireachtas Joint and Select Committees

Wednesday, 23 March 2022

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Protected Disclosures (Amendment) Bill 2022: Committee Stage

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

I thank members for their co-operation and support of the Bill to date. We have had a good discussion and that will continue in the Dáil Chamber on Report Stage. We have work to do on this side of the House on further amendments and so on, which I will say a word on in a moment. I acknowledge the work of the committee at pre-legislative stage. It made a difference and we put forward amendments to reflect key recommendations made by the committee. It was a job well done and it strengthened and improved the Bill.

I echo the sentiment of the Chairman and other colleagues about the debt of gratitude we owe as a society to whistleblowers. Words are easy but they want tangible action from Government and the system to support and vindicate them. That is not to say every whistleblower is correct in respect of every allegation made. Nobody is saying that, but where disclosures are made, there needs to be a clear and transparent process, an outcome and reasons for that outcome. Instances of penalisation where people are punished for making a disclosure need to be dealt with strongly. I am keen that we make progress in that space.

I will table amendments on Report Stage to give further retrospective application to the Bill. There are a number of other areas where I am considering bringing amendments on Report Stage. One area raised in the pre-legislative scrutiny report concerned the time limits for making complaints to the Workplace Relations Commission, WRC. I am looking into the issue with the WRC, the Tánaiste's Department and the Attorney General and may make proposals on it on Report Stage.

I understand the HSE has sent the committee the reports on the interaction between the Protected Disclosures Act and the Health Acts. My Department has also been furnished with a copy of this report, which it had not seen before. My officials are examining it and I will consider if any Report Stage amendments in this regard are needed. It may be more proper for the Minister for Health to bring such proposals, depending on which legislation needs to be changed. We will consider that in the next week or two.

There are a number of areas of sectoral legislation where amendments on Report Stage may be required to clarify the relationship with this Bill. My officials are in discussion with the Attorney General and the Departments involved.

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