Dáil debates

Tuesday, 7 March 2006

Whistleblowers Protection Bill 1999: Motion.

 

8:00 pm

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

I thank the Minister for allowing me to say a few words on this matter. As I walked through the self-service restaurant in the House, I noticed that there were more people watching the Minister speak than there were watching the football match between Chelsea and Barcelona, which is a compliment to the Minister and the manner in which he dealt with this issue.

I compliment the Minister on the kindness he showed me last week when I voiced my concern about possible job losses at the Jacobs Fruitfield factory in Tallaght in my constituency of Dublin South-West. In spite of being abroad on a very important trade mission, the Minister found the time to calm me and give me some very helpful advice. I am pleased that the efforts of the trade unions and staff at the factory have been successful and that the factory can now look forward to a very positive future. I compliment the Minister on the interest he showed in this issue. Every Deputy can discuss issues and the need for job creation in his or her constituency but my constituency needs jobs more than most. It is the third largest population centre in the country with a very young population and it is important that I continue to inform the Minister of the needs of Tallaght in this regard. I thank the Chairman for bearing with me during my brief digression and my colleagues for not heckling me.

I listened to the earlier part of the debate. I have always complimented the Opposition parties for bringing forward motions during Private Members' business. If I may say so without upsetting anyone, the remarks of many colleagues are sometimes more sincere in certain debates than in others. There is a certain measure of agreement with regard to this Bill, which has been dealt with very well by the Minister's speech, and it is important that we acknowledge this. I acknowledge the work of my colleagues on the Opposition benches who tabled this motion.

I am aware that we will all repeat ourselves because there are very few new arguments one can make in respect of this issue. However, the Minister reminded us that the purpose of the Bill is to provide protection from civil liability to employees who make certain disclosures reasonably and in good faith in respect of the conduct of a business and the affairs of their employers about which they become aware during their employment. It is important to note that the Bill prohibits the penalisation of employees by their employers in these circumstances. It specifies the person to whom disclosure may be made and the categories of matters in respect of which the making of such disclosures is permissible. It is important for us to understand the importance of this section.

We should also remind ourselves that the Whistleblowers Protection Bill 1999 is still retained by the Fianna Fáil-led Government in the legislative programme. In light of a number of exchanges which, as the Minister noted, have taken place over a long period, it is useful that the Minister has clarified the issue and made the point very clearly that, where appropriate, whistleblowing provisions in draft legislation will be considered in the programme and in the course of preparation by the Government, in consultation with the Office of the Parliamentary Counsel.

It is also important that we listen carefully to and understand the Minister's comments this evening, which I believe he made in good faith. It is useful to put on record that the Minister's deliberations have created a situation whereby the Government has agreed to his proposals to formalise the sectoral approach as part of its policy on addressing whistleblowing by requiring Ministers to take particular account of it as they prepare their own programmes. As part of this approach, I understand that the Minister also proposes to move a Government amendment on Committee Stage of the Employment Permits Bill 2005 this week to include whistleblowing provisions. The amendment offers important protections to employees from overseas who act to report wrongdoing by employers to either a member of the Garda Síochána or the Minister in respect of the new Act or the earlier Employment Permits Act 2001. The amendment follows the provisions of previous sectoral legislation, as was outlined at length by the Minister. The Government's amendment will be formally moved on Committee Stage in the House.

Bearing in mind the point I made about the approach of the Opposition, it would be good if all the Opposition parties supported the Government in its decision to proceed on a case-by-case basis with appropriate whistleblowing provisions as either enacted by or currently before the House rather than waiting for the possible resolution of wider complex legal issues. I do not know what will happen tomorrow night but it would be interesting if a situation which is infrequent in this House emerged, a measure of agreement was reached and a routine or ritual vote did not take place.

I attended a breakfast held last week by South Dublin Chamber of Commerce, which was also attended by Deputy Ardagh. The guest speaker was the former Fine Gael leader, Alan Dukes, who reminded us of the famous speech he made ten years ago. The speech was delivered in Templeogue but became known as the Tallaght speech. In the speech, he argued that it was not necessary for Governments always to be opposed by Opposition parties. The leader of the Conservative Party in the UK, David Cameron, also takes this approach in respect of certain issues. I am aware that slight panic sometimes appears on the Opposition benches as we count down the last 450 days to the next general election but we need to remain focused and perhaps remember that a considerable amount of legislation is coming forward which has considerable merit. I am not saying that any of this legislation does not have merit. There should be more occasions during which the parties can agree on certain matters, having dotted the i's and crossed the t's and made our political points, as we are entitled to do. We should then go forward, accept what the Government is arguing in respect of certain aspects of this legislation and not vote simply for the sake of it. I do not know whether such agreement will be evident tomorrow night but I live in hope.

I compliment the Minister on his speech. It is important that we have an opportunity to deal with this issue, which has been in circulation for a long time. I recall some advertisements produced by insurance companies and other interests which encouraged the public to be sufficiently brave to blow the whistle on insurance fraud. I acknowledge the point made by the Opposition spokespeople that the Bill has been in circulation for a long time but it is important that we understand the need for it. I hope the Minister's speech, which covered all aspects of the Bill, has calmed people. I look forward to voting for the Government amendment in any vote which may occur tomorrow night.

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