Brian Hayes (Dublin South West, Fine Gael) | Oireachtas source

I move amendment No. 26:

In page 29, between lines 22 and 23, to insert the following:"(4) (a) The Governor shall provide a report to the Central Bank Commission at least annually on any action taken or not taken in response to protected disclosures.

(b) The Central Bank Commission shall determine the form and content of the report to be provided under paragraph (a).".

Amendments Nos. 26 to 31, inclusive, are related to Part 5 of the Bill in respect of protection for persons reporting breaches. During the Committee Stage proceedings, Deputy McGrath asked whether there ought to be an onus on the Central Bank to act on whistleblowing disclosures. In response, the Minister stated that an obligation to act in all cases may be disproportionate, but that he would consider an obligation to report to the Central Bank Commission on action taken on disclosures. Amendment No. 26 inserts a new subsection (4) into section 37 requiring the Governor to prepare a report for the Central Bank Commission on action taken or not taken on foot of protected disclosures received. It is also provided that the Central Bank Commission shall determine the scope, form and content of that report. This will allow the Central Bank Commission to pitch the report at the appropriate level of detail to provide accountability while allowing it scope to waive reporting of routine or otherwise non-material information.

Amendment No. 28 also arises from the discussion on Committee Stage, where the Minister, Deputy Noonan, accepted the point made by Deputy Doherty that in the event of a person's identity being disclosed under the whistleblowing regime in Part 5 of the Bill, he or she would be notified first. The amendment provides that it is sufficient for the Central Bank to make all reasonable efforts to notify the person to cover the possibility that the person may not be contactable and that this should not prevent investigations, inquiries etc. Amendments Nos. 27 and 29 to 31, inclusive, are all drafting amendments.

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