Paul Connaughton (Galway East, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on this very important Bill. This is one of the most welcome legislative measures to come before the House during the lifetime of this Government. Every day we are seeing and reading about instances of systematic and endemic wrongdoing in organisations that was highlighted internally by employees, but only at great risk to their professional careers. In the past teachers, nurses, doctors, gardaí and social workers have spoken up at great risk to their careers because they believed their concerns in respect of the safety of individuals was being overlooked. To speak up and question the culture of one's own workplace takes great courage. That is the reason this Protected Disclosures Bill is vital to workers and former workers in public and private sectors.

Taking the medical profession as one example, a nurse or doctor who raises serious and significant concerns about aspects of the way a hospital or residential home is run could justifiably believe that if their employer acts in a vindictive manner, they could find themselves out of work in a time when employment is becoming increasingly difficult to source. Nurses, doctors and other hospital employees have made their concerns public in the past, but only at great personal cost. However, in doing so they helped highlight some dangerous and unjust situations that were subsequently rectified.

Such whistleblowing in the public interest must be encouraged as it will make for a fairer and more just Ireland. One only has to recall the culture of secrecy in past decades to determine that the "see no evil, hear no evil, speak no evil" approach has not stood us in good stead and has allowed dangerous or abusive situations to continue unchecked for years and decades. This Bill will not stop dangerous or abusive situations arising but will help ensure that they can be exposed as quickly as possible and that the person taking this courageous step does not have their career progress hampered.

I welcome the fact that deliberate false reporting is not protected. Other welcome provisions in the Bill include immunity from civil liability and protection of the whistleblower's identity. Internal procedures for protected disclosures will now have to be put in place, and I believe that any rational organisation will see the logic in having problems highlighted and addressed as soon as possible rather than allowing a problem, of which management may or may not be fully aware, to fester for years and decades.

Ongoing monitoring of new legislation is imperative, and the review of this legislation every five years by the Houses of the Oireachtas will allow Members determine if the legislation is having the desired effect. However, the Bill will only have the desired effect if employees are made aware of their rights under the Bill. Information campaigns and proper communication structures will be key to the effectiveness of the Bill.

Two years ago, the report of the Mahon tribunal recommended increased protection for whistleblowers. Prior to that, a similar recommendation was made by the Standards in Public Office Commission. The aim of this Bill is to ensure that higher standards pertain in Irish institutions, both public and private, and also to encourage trust in the workings of various institutions.

The actions of whistleblowers have exposed low standards in places as diverse as planning departments, churches, schools, crèches, banks, hospital theatres and private companies. That must continue if low standards are to be exposed. The world's best and most resourced regulatory framework cannot achieve through inspection what can be achieved through the actions of whistleblowers.

To whom the disclosure should be made is a very important consideration, and I note that various sections of the Bill allow for disclosures to employers, prescribed persons, legal advisers, law enforcement or to a Minister of a Government. Disclosure of wrongdoing should only be made to a Minister if the worker is employed by a public body for which the Minister is responsible. Making the disclosure is simply the first step in this process, and we must ensure that the person or persons to whom the disclosure is made are fully aware of the steps they must take to deal properly with the disclosure, whether that person be a Minister, a trade union official or a solicitor.

There are steps available to make disclosures to Members of Dáil Éireann, but it is clear from the legislation that they are only intended for exceptional cases where disclosure has been made but has not been acted upon or other avenue available taken. Much greater clarity must be provided in this regard to ensure public representatives are not the first port of call for those intent on exposing wrongdoing but rather that the disclosures are made through the proper channels.

This Bill is long overdue but we can only hope its enactment will result in a more open and progressive culture within the State institutions in both public and private spheres.

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