Oireachtas Joint and Select Committees

Thursday, 27 May 2021

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

Protected Disclosure Legislation: Discussion

Mr. John Devitt:

I am happy to address it. The default position of State agencies, whether in medical negligence claims, claims on wrongful dismissal or penalisation under this Act, seems to be to challenge the application. I do not think it is a problem unique to this particular area of law. My colleagues might disagree or may have something to add. It is important that the Chief State Solicitor's office, or someone other than those drafting the legislation, also considers what strategies might be employed or reconsider the legal strategies employed in defending cases of this nature. As I said in my opening address, they can serve to prolong the distress that whistleblowers endure and serve to undermine public confidence in the agency if it is seen to challenge the decision in this way.