Dáil debates

Thursday, 20 February 2014

Protected Disclosures Bill 2013 [Seanad]: Second Stage (Resumed)

 

10:40 am

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent) | Oireachtas source

I welcome the opportunity to speak about the Protected Disclosures Bill 2013. This debate is important in the overall debate on reform which is seriously needed. When discussing the Bill, we need to ensure at all times that the public good is served and that the interests of citizens are protected. Any whiff of corruption or malpractice needs to be rooted out of society - in private business and the public sector. The protection in law for workers provided for in this legislation is crucial. In recent days and weeks we have seen the urgent need to give maximum protection to people who genuinely want to serve the public good. Too many times they have been hung out to dry or marginalised by the Establishment. In recent days we have seen how Sergeant Maurice McCabe and Mr. John Wilson, the whistleblower, have been treated. The people are demanding that individuals with a genuine grievance be respected and protected. That is why I welcome many aspects of this legislation. We need to protect genuine whistleblowers who want to do positive things for their country. People lack confidence in the justice system because we are not doing the right things and not taking good people seriously such as Sergeant Maurice McCabe and Mr. John Wilson.

That is something that has been overlooked in the debate over the past three or four days, particularly in respect of the Minister for Justice and Equality, who seems to live in Cloud Cuckoo Land. There are many other cases. I have mentioned several of them in recent debates here. I was reminded this morning of another one, the James Sheehan case, in which senior gardaí planted a gun in the car of an innocent man. Nothing was done about that. It was absolutely disgraceful. When he was let off the gun disappeared within the system. We have to have justice for people like that.

I am glad to see that the Minister for Public Expenditure and Reform, Deputy Howlin, is in the Chamber because he is dealing with this issue. People should not be afraid of reform, change and accountability. It is good for the vast majority of people. It is bad for the bad guys and girls involved. There are benefits to this kind of legislation and to whistleblowers. A good whistleblowing system within a public body or private company can deter wrongdoing. It can pick up potential problems in the system early. The recent scandal around the bugging of the Garda Síochána Ombudsman Commission, GSOC, shows that picking up a problem early often stops it getting out of control. It enables critical information to get to the people who need to know and can address the issue. It also demonstrates to the public and to a court that the body or company is accountable and well-managed. People look for accountability and management of resources. The banking crisis and the economic downturn provide a glorious opportunity for reform. This legislation is part of that process.

A good system reduces the risk of anonymous and malicious leaks. There are cranks or people who can be malicious towards somebody in the public or private sectors. We have to get the balance right and make sure that the good people, like John Wilson and Maurice McCabe, who bring forward issues of genuine national importance, are protected at all times. A good whistleblowers' and disclosures practice in private companies and in the public sector minimises the costs and compensation from accidents, investigations, litigation and regulatory inspections. The real benefit of this system is that it enhances and maintains an organisation’s reputation.

I welcome the legislation. The Protected Disclosures Bill 2013 introduces a general protection in law for whistleblowers. It aims to protect workers from reprisals when they report suspected wrongdoing in their organisations. It applies to the public and private sectors. The events of recent days show that we need this kind of legislation. That is why I will support it strongly. The current whistleblowers, however, need to be protected and looked after. They are good, genuine people who have the interests of the public good at heart.

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