Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 6:

In page 6, to delete lines 6 to 8 and substitute the following:

"(5) An employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for---".

Amendments Nos. 6, 8 and 9 relate to penalisation of an employee for making a report of a suspected corruption offence. Section 4 inserts section 8A into the Prevention of Corruption (Amendment) Act 2001, and subsection (5) of this section, which relates to penalisation or threatened penalisation by an employer or a person acting on the employer's behalf, prohibits such action against an employee as a result of his or her making a report in good faith of suspected corruption. Subsection (7) provides that an employer contravening this provision is guilty of an offence, and the purpose of amendment No. 6 is to ensure that as well as action taken directly by the employer, the offence at subsection (7) will encompass actions carried out by a third party as a result of the employer's causing or permitting another person to penalise or threaten penalisation of the employee.

Amendment No. 8 affects subsection (15)(a), which provides that the term "penalisation" will not be construed in a way that prevents the employer from ensuring that his or her business is carried on in an efficient manner. The amendment provides for the deletion of the words "and effective". I am advised that this term was so broad that it would be difficult to apply in practice in an employment context. Deputies will also note the provision in subsection (15)(b) whereby the term "penalisation" cannot be construed in a way that would prevent the employer from taking any action required for economic, technical or organisational reasons.

Amendment No. 9 is a drafting amendment which clarifies that "penalisation" means the specified acts as listed in the definition of this term, whether they are carried out by an employer or by a person acting on behalf of the employer. I commend these amendments to the House.

See this speech in context