Alan Shatter (Dublin South, Fine Gael)

The framing of these provisions has involved consultation with Deputy Bruton's Department and they have fed into the process of developing the amendments, as have the Attorney General's office, which played a substantial role in finalising them, and my Department. The Minister for Jobs, Enterprise and Innovation is aware of, and supportive of, these provisions and they will be properly publicised in a manner that, hopefully, will make people readily aware of them.

I hope in the context of us debating the matter now there will be publicity for the fact that we are introducing important procedures in the area of white collar crime. These will facilitate the Garda in accessing crucial information, whether it is held in documentary or electronic form, and, in the context of the new provisions that require people who are aware of individuals engaged in such criminality to inform and assist the Garda in its work, it is of huge importance that people are generally aware of the fact that there are new whistleblower protection provisions included in the legislation.

If individuals working for a company, be it a local company or a multinational, in any area of life - even if they are working in a professional firm that it is not a limited liability company whatever the nature of the work- and they know people are engaged in white collar crime and they have information that might prevent a crime being carried out or that might assist the Garda in bringing to justice those who have engaged in such criminality, they will be obliged when the legislation comes into force to furnish such information to An Garda Síochána. If they do so in good faith believing in the truth of the information they are giving, they will be fully and properly protected under this legislation. They cannot be penalised in their employment nor can they be targeted by an employer for acting in good faith and co-operating with the Garda.

These are important provisions, which will, ultimately, form part of the overall legal architecture for general whistleblower provisions. However, the amendments means they will be included in this legislation at this stage and I very much appreciate the support of the Opposition on this.

With regard to the Deputy's other question, I cannot and never try to predict what smart lawyers might do to extricate individuals from situations but these provisions have been drafted carefully. We all know that in years gone by no matter how carefully drafted was legislation passed by the House, odd interpretations emerged following court proceedings. Lacunas can be identified but, on the basis of the advice from the Attorney General's office, we believe that there are sound provisions. They provide the protection that both sides of the House believe is desirable. Should there be a gap in this when it comes to bringing together the whistleblower provisions to deal both with the public and private sectors, these provisions will be revisited but, at this stage, they provide a welcome additional protection for those who want to prevent white collar crime and assist the Garda or who want to assist the Garda in investigating such crime after it has occurred.

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