Thomas Pringle (Donegal South West, Independent) | Oireachtas source

Yes. Obviously the code will place scrutiny on employers also.

I have a concern with regard to whether a disclosure is made in the wrong place initially. For example, if a worker comes to a Member of this House to make a disclosure that should have been more appropriately made to the employer, what protection will be available for that worker? Will the onus be on us, as Members of the House, to direct workers to the right avenue? Some people may not feel that even with this legislation and its protections, this is something they can do. How will the legislation work in practice in this situation and in the future?

The Bill provides that deliberate false reporting will not be covered under protected disclosure legislation. This makes sense. However, unfortunately, this will be the first defence employers will use and workers who make a disclosure will come under attack initially. They will probably also be subject to abuse from co-workers, possibly because they do not understand the implications of what has been disclosed.

Protection is provided to those making a protected disclosure under this legislation under the Unfair Dismissals Act. A number of other provisions are also made, such as immunity from civil liability, not making protected disclosure a criminal offence and protection of the identity of the whistleblower. The difficulty with that however is that whistleblowers must signal they want their identity protected when making a disclosure. There should probably be a presumption this is the case.

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