Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I will share time with Deputies Gormley and Finian McGrath.

The memo from the Department of Health and Children's legislation unit to the Government Chief Whip's office, which was copied to Opposition spokespersons, states that the Government made a decision on 7 March 2006 to address the issue of whistleblowing on a sectoral basis. It further stated that Ministers were instructed to introduce whistleblowing provisions in draft legislation being prepared in their respective Departments. We find in the case of the Health Bill, however, that the Government's amendments on disclosure of information and the Freedom of Information Act were ruled as being outside the scope of the Bill.

Could the Government not have anticipated such a ruling when it made its decision to incorporate whistleblowing amendments into legislation that was already advanced in drafting? This has created a messy legislative situation. An already unsatisfactory Bill, as I described it on Second Stage, is having two distinct new elements grafted onto it. We must go through a roundabout procedure to deal with these amendments. Has this situation arisen in the case of other Bills as freedom of information amendments were applied to them? How will the Government deal with this in future Bills? Perhaps the Minister will throw some light on these questions in her reply.

It is interesting that the memo to which I referred also states the Health Bill provides the only opportunity in which to make the necessary amendment to the Civil Registration Act 2004. As civil registration bears no relation to the subject matter of this Bill, we can conclude that the Government anticipates little or no further legislation coming before the Dáil and that the general election will be called in a matter of weeks. Perhaps the Minister of State will enlighten us on that.

It is right that whistleblowers should be protected, nowhere more so than in the health services. Brave people in these services have repeatedly exposed wrongdoing and neglect which has resulted in injury and sometimes loss of life. It was a courageous midwife who blew the whistle on the appalling scandal in the obstetrics and gynaecology department of Our Lady of Lourdes Hospital in Drogheda. Michael Neary's professional peers protected him for years from the consequences of his brutal actions on dozens of women, and even tried to protect him after he had been exposed. Every protection should be offered to those who out of selfless motives act in the public interest. They should not be penalised. Too often it is the person who reports the wrongdoing who is punished while the culprit escapes censure.

I agree that some deterrent is needed to prevent false reporting. However, I am opposed to the provision in Government amendment No. 37 for terms of imprisonment for false reporting. That is over the top and I appeal to the Minister to withdraw that part of the amendment as the fines for this offence are more than sufficient. It is entirely inappropriate to impose custodial sentences, and we have few enough places available to accommodate people.

On the civil registration amendment, I am concerned at the way this is being tacked on to this legislation to fill a gap in the 2004 Act. This seems to be another example of legislative drafting going wrong. I agree we should facilitate those who wish to hold marriage ceremonies in their homes and I have no difficulty in facilitating them by way of this amendment. However, questions arise with regard to the way the Government does such business, not for the first time as the recent sexual offences legislation has shown.

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