Brendan Howlin (Wexford, Labour) | Oireachtas source

These amendments relate to the appointment and dismissal of the disclosures recipient, respectively. Amendment No. 47 deals with section 18. As I advised on Committee Stage, the role of the disclosures recipient is a narrow one. It has no real function other than to be the conduit for information that relates to section 18, namely, a narrow range of information pertaining to the security of the State and related matters. Section 18(1)(a) reads:

(i) the security of the State,

(ii) the defence of the State, or

(iii) the international relations of the State,

The role of the disclosures recipient is simply to consider whether the nature of the information provided to him or her is captured by section 18 and, if so, to pass it on to the appropriate officeholder. If it does not fall within section 18's ambit, the recipient will hand it back and explain why. The discloser can then find whatever conduit is appropriate for his or her complaint. Having reconsidered the limited nature of the role to be a conduit, we do not need to do much more than I have already set out in the Bill. I am satisfied that the direct appointment of the individual concerned by a the Taoiseach is sufficient.

Regarding Deputy McDonald's question on incapacity, it refers to medical incapacity and would involve a certificate of inability to perform the duty for medical or health reasons. The duty is not onerous.

The functions of the recipient are laid out in paragraph (5) of Schedule 3, which states:

5. Where a protected disclosure is made to the Disclosures Recipient under section 18, the Disclosures Recipient shall consider the relevant information and—

(a) if he or she considers that the disclosure of relevant information is not one to which [that security section] applies, shall give notice to the person by whom the disclosure was made stating that, and

(b) otherwise, shall make a report—(i) referring the relevant information for consideration by the holder of such public office ... as appears to the Disclosures Recipient to be the most appropriate to consider the relevant information, and

(ii) including any such recommendations for the taking of action in relation to the relevant information as the Disclosures Recipient may consider appropriate.

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