Fiona O'Malley (Dún Laoghaire, Progressive Democrats)

I want to focus on one particular element and how the protection measures should apply to the health sector. I agree with the Opposition on two points. One is that the debate is timely, particularly in the light of the disturbing revelations on some of the practices at Our Lady of Lourdes Hospital, which have been addressed in the House. I also agree that protection measures should be put in place.

I disagree with the Opposition, however, on the appropriate method of dealing with the problem. I support the Government in its explicit commitment to the protection of whistleblowers, people who legitimately bring to light worrying and sensitive information gained in the course of their work. Today's statements on the Drogheda hospital inquiry illustrate the importance of that support. However, I take issue with the Labour Party statement last night that, "The Labour Party offers us action in this area". Unfortunately, it is the wrong action. Last night's contribution from the Labour Party's spokesperson on health presented this as a one-Bill solution to the problem, something of a panacea, which it is not. It was also implied that the absence of such a Bill had facilitated the ongoing scandalous behaviour. That is dangerous and simplistic.

Judge Harding Clark's report makes it clear that we need a sea-change in the culture within the health service. If we are to believe the Labour Party, had this Bill been in place, any individual would have felt free to make a complaint against a superior or a consultant and no negative repercussions would have ensued because of its provisions.

From sexual harassment cases, we know that although legislation may be in place, a person may still feel unable or be unwilling to make a complaint, particularly against a person occupying the dominant position in the power relationship. Sexual harassment cases also show us that the culture of the workplace is the most important factor and often must change to bring about progress.

The Tánaiste stated plainly that, rather than depend on the measures proposed by the Labour Party, we must bring about a culture of openness and preparedness. Such a culture would be prepared to acknowledge errors and be able to analyse clinical practice in an environment which does not resort to blame and recrimination. Therefore, blame-free reporting is vital. The Tánaiste is correct in saying that this issue is about more than whistleblowing. It is a systematic, continuous and open approach to error reporting and correction involving everyone in the health care setting. It involves a rigorous process of audit, peer review and external evaluation.

I appreciate the Opposition's intention but the action is insufficient. The Government's amendment sets out how the sectoral approach will supersede the all-encompassing approach of the Whistleblowers Protection Bill. In light of significant legal and drafting issues which accompany single legislative proposals on whistleblowing, the Government correctly decided to proceed case by case with appropriate whistleblowing provisions. Deputies must ensure that it happens where appropriate, be it in the Medical Practitioners (Amendment) Act 2002, legislation relating to the Health Information and Quality Authority or any legislation which comes before this House. If a section on whistleblowing is appropriate for a piece of legislation, it must be included.

Legislators can play a role in ensuring that statutory provision is made for those who are brave and conscientious enough to raise the alarm when they see bad, dangerous, illegal or, as was the case in Our Lady of Lourdes Hospital, evil practices. Whistleblowing is predicated on someone acting wrongly in the first place. The system should, in the first instance, be able to prevent a person from acting wrongly and stop wrongdoing once it is uncovered. We should not rely on whistleblowers because to do so would be an admission of failure and an admission that the system cannot be designed in such a way as to protect those who encounter it.

Dependence on whistleblowers could also heighten fears of vexatious claims against innocent individuals. We must protect against such a development. We have also learned from sexual harassment cases that when charges are levelled against innocent people, their lives do not revert to how they were before the claims were made. A crude or blunt instrument is insufficient to deal with this complex area. Whistleblowers undoubtedly need protection but these measures should be nuanced and tailored. Most of all, the culture of the workplace must allow openness, an acknowledgment of errors and an ability to examine the work environment in a way that does not resort to blame and recrimination.

See this speech in context