Réada Cronin (Kildare North, Sinn Fein) | Oireachtas source

Given what we know about whistleblowers in this State, legislation to protect them is not only welcome, but essential. Whistleblowers commonly report subsequent difficulty in the workplace and outright denial or dismissal of their concerns. They also report being pressed to take leave, sidelined, removed or replaced. The organisation intent on protecting itself too often hangs them out to dry. Recently we had Dr. Ankur Sharma in Kerry child and adolescent mental health services, CAMHS, who it is reported felt sidelined after he raised the serious and systemic failures in youth mental health services in Kerry. Who could forget Sergeant Maurice McCabe, and not what happened to him but what was done to him when he was forced out of the job he loved?

Protecting those who make disclosures in the public interest is vital and overdue and this Bill provides both internal and external channels for so doing.

It is especially troubling for those who disclose information that when it comes to the State, their own money, taxpayer's money, is used against them as the State engages in legal and other action to defend what is often indefensible, not because it should but because it can. The State uses public money and public resources to do so.

I am very happy to see that some of Sinn Féin's concerns about the Bill as initially presented have been addressed, although we do have some outstanding concerns. The Minister stated that he is open to accepting amendments Committee Stage. It is the first time I have heard a Minister saying that since I was elected, and it is very welcome.

In terms of our outstanding concerns, first, there are no psychological supports on offer to the person making the disclosure, which is a serious omission. As Deputy Louise O'Reilly just outlined, many people are extremely nervous when it comes to making protected disclosures. The joint committee recommended that free legal aid and psychological services be provided to those making a disclosure. Such a provision was included in the Sinn Féin Bill presented by Deputies Mairéad Farrell and Buckley. Second, there is a new restrictive conditionality that must be satisfied before public service workers can make a disclosure to a Minister. This is referred to as an emergency situation. This disclosure will then automatically transfer to the protected disclosures office. Third, the Bill exempts private sector organisations with fewer than 50 employees from the reporting requirements. This is not only unnecessary, it creates risks. We have many financial services firms in Ireland, for example, that have fewer than 50 employees but they handle vast amounts of money. In that context, I hope the Minister will reconsider the exemption for companies with fewer than 50 employees because it means that anyone making a protected disclosure in such companies will not have access to the same protections. This is a flaw that will have to be addressed on Committee Stage. Fourth, the Bill does not remove the cap on awards. Since many whistleblowers face ruin in their careers, this is a serious omission which must be corrected. The Bill from Sinn Féin recommended that these caps be removed and a fair and equitable approach be taken. There is still much room for improvement and much work to be done to truly protect those who come forward. That said, the Bill is very welcome.

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