Michael McGrath (Cork South Central, Fianna Fail) | Oireachtas source

These amendments provide for the deletion of section 8(2)(b) of the principal Act, as amended. Section 8(2)(b) provides that a worker employed by a public body can only report to Minister if the worker reasonably believes the information disclosed in the report and any allegations contained in it are true. The intent behind the amendments the Bill is making to section 8 of the Act is to provide that a public sector worker should report, in the first instance, either to his or her employer or to a prescribed person, before reporting to a relevant Minister. If, having made such a report to his or her employer or a prescribed person, the worker reasonably believes that no action or insufficient action has been taken, there should be no further impediment to him or her reporting to a Minister.

Section 8(2)(b), as provided for in the Bill requires, however, that the worker must also reasonably believe the information reported is entirely true. This imposes an additional test for reporting a Minister on top of the criteria the worker is required to fulfil to report to his or her employer or to a prescribed person. This is not in line with the policy intent and these amendments provide for its deletion in that regard. We do not wish to put any additional barrier in place to prevent a direct report to a Minister.

Ministers will refer any protected disclosures, on receipt, to the office of the protected closures commissioner when it is set up. The office will determine who is the appropriate person or body to assess the protected disclosure. It may well be the case that it comes back to the Minister. If the Minister is the appropriate person to consider the protected the disclosure, he or she will assess and deal with the protected disclosure.

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