Michael Healy-Rae (Kerry, Independent) | Oireachtas source

Tonight is a very important night. It is good that we are where we are with this Bill. It is unfortunate that it has taken this long but, as I always say, it is better late than never.

I am thinking tonight of the people who stood up when it was a lonely place to do so, the people who found themselves at odds with everything else. They were standing up for something they believed in. They believed they were telling the truth but in many cases, that truth was not welcomed by anybody; not by people within the organisations they were working in or even by the general public. To those people who might be listening in tonight, I want to say I am sorry that they were in that position but at least this type of issue is being recognised now. The Protected Disclosures (Amendment) Bill is trying to address that and I hope those people who might have had torment and turmoil in their personal lives will get some comfort from hearing this debate tonight. I really mean that. While we as politicians are discussing and debating this, there is a human aspect to this that must not be forgotten. There are couples who had trouble with their relationships because of it. They might have lost a lot of friends because of issues that arose. I am really thinking of those people. We cannot forget that there are real people behind this issue.

I wish to focus on one or two important issues in the Bill. Interpersonal grievances are explicitly excluded as relevant wrongdoings and the Bill notes that such disclosures should be dealt with using alternative internal procedures. Employers should ensure that their protected disclosures policy expressly acknowledges that such grievances will be dealt with under business grievance procedures. I highlight this because it is important that the water is not muddied with regard to what is what. As far as I can see, this Bill clearly defines what a protected disclosure should be, how feedback is to be provided to the reporting person, what actions are taken or envisaged to be taken, with a follow-up within three months. All of those systems that are being put in place are important.

A new office of a protected disclosures commissioner will be established within the Office of the Ombudsman which will receive and redirect to the most suitable authority, as appropriate, the protected disclosures made to the prescribed person under section 7 of the Act and to the Minister under section 8 of the Act.

In cases where there is no alternative suitable authority, the commissioner will follow up directly on the disclosures referred to the office. Again, people have to see that this Bill will actually help them with their grievances. New offences will be created for employers who fail in their obligations to establish internal reporting channels and for the person who penalises the reporting of persons to hinder or attempt to hinder a person from making a report or taking vexatious proceedings against reporting persons. Of course that is important but we do not want it to be seen as a witch-hunt against employers. Employers are very important for us. They are the people who create business and work. We want fairness and to make sure that when there is an issue the employers will understand their duties and obligations. That is why it is very important that the employers understand the Bill. That is their duty. Behind it all, it is all for their protection too. If they look at it properly, employers will see that it is not a case of "us against them" or "you against me" or anything like that but simply that there is a right and wrong way to carry out one's work whatever a person's role. There is a right and wrong way to do it. I am glad that this Bill will help make that clear and tidy it up. That is why I am glad to welcome it and to speak in support of it.

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