Dáil debates

Wednesday, 27 April 2022

Protected Disclosures (Amendment) Bill 2022: Report and Final Stages

 

3:32 pm

Photo of Mairead FarrellMairead Farrell (Galway West, Sinn Fein) | Oireachtas source

That is fine. That has been clarified.

This legislation is an example of Members of the House working really well together. I feel there was a constructive process at each Stage to address an issue that is important to a wide range of people regarding how society functions for them. My colleague Teachta Buckley and I tried to work as constructively as possible with the Government side. Any member of the finance committee would surely attest that we all worked very constructively together during pre-legislative scrutiny and again on Committee Stage.

Our concern, which, to be fair, probably arose for everyone in seeking to transpose the directive, related to how we could improve the functioning of our whistleblowing arrangements for those who have the courage to make a protected disclosure. Hardly a day goes by when we do not hear some horror story about actions revealed by some really courageous person. Being able to reveal them is fundamental. When discussing the Bill on every Stage, we were aware of how whistleblowers are treated in this country. Unfortunately, really damning evidence has emerged of things that have happened. During Committee Stage, we heard about people who felt their lives were destroyed when acting in the public interest. We know those people acted in the public interest; they did not do it for personal gain. They did it to make society better for as many people as possible. They were not seeking financial gain, as we know, or any kind of celebrity status. They really did what they did because they wanted to reveal wrongdoing. Unfortunately, this has often meant financial ruin and the devastation of one's physical and mental health.

I said in the Chamber before that I credit the Minister for the measures in his Bill that will help to improve circumstances for those making protected disclosures. I have acknowledged those areas where the amended Bill is in line with recommendations made by me and others. I am happy to say I believe the legislation is good, or that it definitely has good aspects. I have concerns, however, and that is why I had tabled my amendments. They related, in particular, to the stepped procedure. This could be even seen as a retrograde step, as some experts feel. Transparency International Ireland spells out how it believes the procedure could violate the non-regression clause of the EU directive. There is concern that the new stepped procedure will place another barrier in the way of public-service whistleblowers. The restrictive criteria for going straight to the relevant Minister mean there could be a lowering of the standards by comparison with what is provided for in the existing Act. Since this Bill is so positive, we need to ensure everything we do assists in making arrangements better for people. There is concern that the stepped procedure will weaken them.

In general, the Bill is quite good. We will have another chance to talk about it. The best thing about it is that we have all been happy about it and able to work together. There were amendments ruled out of order. Owing to the nature of the Bill, some of the measures I would have liked to include would have imposed a cost on the Exchequer, so there are issues in that regard. On the whole, however, it is good to see us all working together. I really do feel it is a good Bill in general. Gabhaim buíochas leis an Aire.

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