Dáil debates

Thursday, 12 June 2014

Protected Disclosures Bill 2013: Report Stage

 

12:30 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

I believe we have the same objective and that we have achieved the same result by different means. I have moved to delete in amendment No. 28 the phrase “shall take all reasonable steps to avoid disclosing” and substitute “shall not disclose”. There are sanctions against disclosure. This obviates the need to have permission to disclose. The law states one shall not disclose.

Section 16(2) states:

(b) the person to whom the protected disclosure was made or referred reasonably believes that disclosing any such information is necessary for—(i) the effective investigation of the relevant wrongdoing concerned,

(ii) the prevention of serious risk to the security of the State, public health, public safety or the environment, or

(iii) the prevention of crime or prosecution of a criminal offence,
These are the only escape clauses for the thou-shalt-not provision. I have more than met the requirements of the Deputy without placing an additional burden on anybody. I have approached the same issue in a different way.

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