Terence Flanagan (Dublin North East, Independent) | Oireachtas source

I propose to share time with Deputy Peter Mathews. I welcome this timely legislation in the context of the recent negative events concerning the Garda Síochána and the bad treatment of a whistleblower. The Bill provides much-needed protection for whistleblowers. It is vitally important that those who witness wrongdoing in their place of work feel supported enough to bring these matters to light. People need to be encouraged to bring injustice to light and the importance of inside information cannot be underestimated. In 2012, the Mahon report recommended that whistleblower legislation be introduced, with increased protection for whistleblowers in the public and private sectors. Employees should have the right to report misconduct in the workplace such as price fixing, medical negligence, corruption or soliciting bribes. These are matters of public interest and should be exposed as soon as they come to a person’s attention.

It is of concern that legislation has not been introduced until now and the Minister, Deputy Howlin, must be congratulated on his political initiative, his campaign and what he has exposed in the past. The Bill should help to deal with underlying corruption in some areas of society. The public has become disillusioned with the culture of corruption in Irish society and the legislation should provide reassurance and bring certain matters to light.

If support had been available before now, we might not have seen the same level of corruption in all sectors of Irish society and it would have been a better alternative than what has happened. It is important that employers also be protected against false claims and if there is deliberate false reporting, there must be repercussions. These provisions are included in the Bill.

Why was the decision taken not to have an overseeing body to help a whistleblower? If a whistleblower has complaints about the way he or she has been treated following the making of a statement, to whom should he or she report? Who acts as a mediator between an employer and an employee in cases such as these? The presence of an independent regulator would ensure organisations implemented the legislation and that they would handle cases internally, fully and fairly. Until now employees have been, correctly, afraid to bring cases of wrongdoing to light out of fear of bullying, as Deputy John McGuinness argued. People may also be isolated at work and fear ultimately losing their jobs as a consequence of bringing that wrongdoing to light.

The recently publicised case of whistleblower Edward Snowden has shown the negative connotations associated with those who bring these matters to light. That was an exceptional case involving national security, but it was negatively reported on in the media and people may be deterred by the backlash. Ireland’s reputation internationally has been damaged, but the Government is doing everything to try to get the country back on track. Nevertheless, details of cases of corruption have been covered across the globe and are damaging. I hope that when this Bill is enacted, it will help to restore some confidence in Ireland and show that we are serious about tackling corruption.

In the financial sector at the time of the banking crisis there was a distinct lack of whistleblowing. One particular case involved Morgan Kelly, a professor at Trinity College Dublin, who warned about the inevitable end of the property bubble. He was treated with disdain, as expressed by many people in Ireland, as he highlighted the problems associated with increased mortgage lending and the dependency on the housing sector. The Taoiseach at the time, former Deputy Bertie Ahern, publicly criticised him and those who attempted to forewarn about the impending crisis. It was a worrying practice. Previous speakers have discussed white collar crime and corporate negligence and these issues played a significant role in the global financial crisis. Certain white collar criminals have caused substantial damage to the economy and many seem to have got away with it and not been subjected to any punishment for their actions. It is refreshing to see the trial of Anglo Irish Bank executives up and running and I hope some justice will be seen to be served. I know the banking inquiry will help to restore some confidence to the general public.

When the Bill is enacted, will there be a national campaign to make employees aware of their rights? Workers need to be aware of the new supports that will be in place. The Bill provides that all public sector organisations will have to set out their own channels for disclosures and provide details of these for all workers in writing. It may also be a good idea to have a dedicated website or an automated helpline in place for employees who wish to disclose information in the ultimate interests of the taxpayer. Will the Minister provide an update on the progress made by the Labour Relations Commission in drawing up a code of conduct? Deputy John McGuinness spoke about the treatment of whistleblowers in the past, as I am sure the Minister is aware, and it is a shameful record. We hope this new Bill will make a big difference to those who wish to come forward with relevant information in order to highlight corruption or wrongdoing. I welcome the Bill.

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