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:

That is clearly something that we are concerned about. Recent history has shown us that persons who make protected disclosures can have an uphill battle to bring those disclosures to bear. Also, they are sometimes isolated and incur great financial expense, particularly if there is retaliation brought to bear upon them. Having the added problem of having to resource a potential case against another party that is well funded and well able to carry on a battle through the courts or elsewhere means that a person could be dissuaded from bringing forth a protected closure because he or she knows that there is a long battle ahead. There is a high price to pay, both personally and financially, because of making a protected disclosure. We feel that not only should psychological support be made available to persons who make protected disclosures, but that civil legal aid should also be available to them. We use a recent example of where Minister, Deputy McEntee, has allowed the civil legal aid to be used by victims of sexual crime, so that they could get legal advice. There is precedent for extending civil legal aid to cover vulnerable persons. Often, persons who are making protected disclosures, in our view, could also be classified as vulnerable persons.