Dáil debates

Wednesday, 22 May 2013

10:50 am

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour) | Oireachtas source

Yes, I have confidence in the Garda Commissioner. I have confidence in the Garda. I believe every Member of this House should express that confidence as well. The allegations that were made were investigated. The Minister for Justice and Equality established an investigation. The report of that investigation has been presented, published and referred to the Joint Committee on Justice, Defence and Equality. Any question of detail arising from the report can be pursued at that forum. Anyone can be invited in to participate in the discussion as a witness. The Garda Commissioner can be invited to come before the committee to answer any questions posed by Deputy Daly or any other Deputy. That is the appropriate way for it to be dealt with. That is what public accountability is about.

The Deputy also asked about the protection of whistleblowers. This Government is the first to take this issue seriously. Arising from a commitment we made in the programme for Government, the drafting of the protected disclosures Bill is now at an advanced stage. The Minister for Public Expenditure and Reform expects to bring the Bill before the Government shortly for its approval. It will then be published and introduced before the Oireachtas. The main aim of this legislation is to encourage and support workers who raise concerns about possible serious wrongdoing in their workplace when that comes to their attention. It will achieve this by providing strong protections for workers who are penalised or victimised by employers for making a protected disclosure.

The whistleblowing protections will be available to workers in all sectors of the economy, including members of the Garda Síochána and the Defence Forces. A number of specific disclosure channels or gateways will be provided for workers in the legislation to enable them to make disclosures to an employer, a responsible Minister, a regulator or, in particular specified circumstances, externally including potentially into the public domain. Important restrictions to external disclosures will be put in place in the public interest to govern external disclosures relating to law enforcement, security intelligence and defence matters. A stepped disclosure regime will be put in place under the Bill with lower thresholds to make internal disclosures, with the aim of promoting disclosure to an employer in the first instance in order to have the disclosure investigated and any failings that are revealed fully rectified.

I think it is high time for legislation to be introduced to protect whistleblowers. We need to ensure that employees who discover that something wrong is happening can report that without fear of losing their jobs or being discriminated against. This issue has been outstanding for a very long time. This Government has committed to the introduction of legislation of this kind to protect whistleblowers. We are doing that. The legislation is due to be considered by the Government very shortly. I have set out its main provisions. I expect the Bill in question to be before the House very shortly.

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