John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I welcome the legislation and have been listening to most of the debate this morning.

It is a commitment in the programme for Government that we would introduce a piece of overarching whistleblowing legislation. A number of Bills have been introduced into the Oireachtas in my time that contain sections dealing with what are termed protected disclosures, and it is important that a single overarching piece of legislation is introduced in this area. I agree with Deputy McNamara that perhaps there are certain areas where it could be broader in terms of scope.

I was struck by what one or two of the Members stated about a mentality that exists in Ireland against what they termed as the informer. Perhaps from our history there is such a mentality but I do not believe that somebody who has a legitimate concern about an illegal act taking place in the organisation to which he or she belongs should be confused with somebody who is an informer. Somebody who has witnessed something which he or she believes to be inappropriate, to be wrong or to have a potentially negative impact on somebody else in that organisation or a member of the general public is in an entirely different category. We cannot ignore the fact that, historically, certainly in an Irish context, there is a general antipathy to those who would loosely be termed as informers. However, whistleblowers are an entirely different category of person.

Whistleblowers have not been legally protected over the years. Previous speakers have correctly gone through various instances, most notably with regard to the way we have treated the most vulnerable in society, particularly children, over generations, in which it would have to be said that a great many people should have had serious knowledge of abuses that were taking place and chose, perhaps for varying different reasons, not to act upon that knowledge. We cannot ignore the fact that in some of those instances it may well have been because they did not feel they had the legal protection required to act upon it. That is why this legislation to be greatly welcomed.

The scope of the legislation is to ensure that a disclosure is protected where a criminal offence has occurred or is likely to occur; where a person has failed or is likely to fail in a legal obligation that he or she is due to carry out; where somebody suspects that a miscarriage of justice has occurred; where the health and safety of an individual may be at risk; where there may be potential damage caused to the environment; where unlawful, corrupt or irregular use of public funds may have taken place; and where, by an act or omission in the course of his or her duty, a public official may act in an oppressive or, as it has been interestingly termed, "improperly discriminatory" fashion - one would wonder what sort of discrimination is proper, but that is the legalistic term that is put on it. Those aspects of the legislation are to be welcomed.

The Labour Relations Commission is in the process of preparing a code of practice for workers and employers as to how this legislation might be enforced directly in the workplace. That is to be greatly welcomed and should be expedited as soon as possible.

I agree with Deputy McNamara that this legislation could be broader, but it is signally important that we are introducing overarching whistleblowing legislation to protect those who have legitimate concerns about how public money is spent and about how other citizens are treated by arms of the State or other organisations within the State, and that is why I wholeheartedly support it.

See this speech in context