Joe McHugh (Donegal, Fine Gael) | Oireachtas source

Gabhaim buíochas leis an Teachta fá choinne an tseans labhairt ar an ábhar seo. I thank the Deputy for giving me an opportunity to speak on this issue publicly. I know his county colleague, Senator Maria Byrne, and his party colleague, Deputy Michael McGrath, have also raised this issue in these Chambers. By way of background, the Deputy will be aware that the Protected Disclosures Act 2014 provides a detailed and comprehensive legal framework to allow any worker who is penalised for making a protected disclosure to secure redress. The Act is supplemented by the procedures that all public bodies are required to put in place under section 21 of the Act for the making of protected disclosures and for dealing with such disclosures. My Department operates within this legal framework when dealing with protected disclosures. The Deputy will also appreciate that there is a legal responsibility on my Department to protect the identity of any individual who makes a protected disclosure.

While respecting this legal responsibility, I am happy to provide the Deputy with an update on the specific issue raised today. In April 2015 the two staff members referred to by the Deputy made a protected disclosure to the then chief executive officer of the Higher Education Authority, HEA, and the Minister alleging workplace bullying and errors in practice and wrongdoing that they identified as part of their work in the finance department. Since that time, various review processes, including three independent reports, have been undertaken by the Department of Education and Skills, the Higher Education Authority and the University of Limerick in an effort to address the issues raised by the two staff members. The most recent of the reports, the Thorn report, published in November 2017, outlined a number of recommendations related to the allegations made by the two staff members, referred to as persons B and C in the report, and those of a number of other individuals who had come forward as part of the process. The university accepted in full the recommendations made in the Thorn report and has been liaising with the HEA and the Department on its progress in the implementation of the recommendations.

Arising from the Thorn report, the university embarked on a process of mediation, led by Mr. Kieran Mulvey, former head of the Workplace Relations Commission, with a number of the individuals referenced in the report in an effort to reach a satisfactory resolution of their issues. The two staff members referred to by the Deputy were included in this mediation process, during which the university engaged with them to facilitate their return to work. However, my understanding is that mutually acceptable employment positions could not be agreed to between the parties. The mediation process in respect of the two staff members was unable to reach a satisfactory outcome and has now ended.

The issue was most recently discussed at a meeting last week between the president of the University of Limerick and the Secretary General of the Department of Education and Skills. At the meeting the president outlined the position on the steps that had been taken to facilitate the return to work of the two persons referred to by the Deputy. The president also outlined the university’s desire to ensure the issue would be resolved as quickly as possible and requested the assistance of the Department in that regard. It is the view of the HEA and the Department that the issues raised by both persons have been fully investigated at this point. The one issue that remains to be resolved is the return to work of the two individuals concerned. It is primarily an employee-employer issue and I hope the university and the two individuals can agree on a mutually satisfactory outcome that will see these staff members return to the workplace as soon as possible. While this is an issue for the university to resolve, the Deputy has raised it here publicly, while Deputy Michael McGrath raised it previously, as has Senator Maria Byrne in conversation. I want to let the Deputy know that I have discussed it with my officials since it was raised. My Department is willing to assist the university in exploring potential opportunities to facilitate a return to the workplace of the two individuals in question.

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