Brian Cowen (Laois-Offaly, Fianna Fail)

The Government has given considerable consideration to the issue. The Deputy will be aware that on 7 March my colleague, the Minister for Enterprise, Trade and Employment, explained our approach in some detail in a speech on the Whistleblowers Protection Bill 1999, which was tabled by Deputy Rabbitte and to which the Deputy referred. The Minister outlined a number of the complex legal issues which would have to be addressed before taking further steps to introduce formalised whistleblowing or reporting procedures. For example, questions arise about the treatment of intellectual property rights or trade secrets which might be affected, the Official Secrets Act 1963 and its implications for civil servants, the number of protections that might be required under the Unfair Dismissals Acts 1977 to 1993 for employees who whistle-blow reasonably and in good faith.

The Minister made clear the Government's decision to address the issue on a sectoral or case-by-case basis, that is, the possibility of including appropriate whistleblowing provisions would be examined on a case-by-case basis when individual Bills arise. This is the correct approach to adopt. The Minister also pointed to a number of Acts in which reporting procedures have been included.

I outlined the legislation in place already and referred to the provisions in the Standards in Public Office Act 2001 and the protections provided in this Act against dismissal in certain circumstances. We must be clear that the introduction of whistleblowing arrangements in the civil and public services would have to be carefully considered. In the Civil Service officials work to advise Ministers in Government on carrying out their decisions. To move quickly to a general system of whistleblowing or reporting on alleged wrongdoing or corruption could seriously undermine Departments or offices in carrying out their function on behalf of Government. It is one matter to consider a system designed to deal with wrongdoing or corruption but it is an entirely different matter to introduce a system which might in effect become a means of criticising Government decisions and policies. The introduction of formal whistleblowing procedures would be a major step the Government would have to consider very carefully.

The case-by-case approach outlined by my colleague, the Minister for Enterprise, Trade and Employment, is the correct one. Under this approach, when legislation relating to the Civil Service is being considered we can examine the possibility of including well defined measures for appropriate reporting procedures in particular areas. It would, however, be wrong at this stage to give any general commitment as to what might be done.

The Deputy should also be aware that management systems in the Civil Service can address the issue of corruption. It is not only a question of relying on the legislation and codes of standards and behaviour. The Mullarkey report endorsed by Government made a number of recommendations aimed at strengthening internal control systems in Departments and offices and these are being implemented. For example, Departments and offices must have risk assessments and management systems in operation that are integrated in their management processes. Greater awareness of issues of risk will make management more aware of how to deal with reports of malpractice or corruption.

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