Ken O'Flynn (Cork North-Central, Independent Ireland Party)

I raise a matter of grave concern regarding the practical effects of the Protected Disclosures Act 2014. While the Act was conceived with noble intent in the shadow of the experience of the Maurice McCabe case and his testimony, the reality for many whistleblowers across this nation is that the promised protection remains legally at odds with the lived reality of the legislation.

Recent findings of the commission of investigation into the Grace case underscore this point. Despite protected disclosures having been made, the system failed with harrowing consequences. The individuals who spoke out were not met with support but with institutional silence and personal hardship.

One of the most glaring problems with the Act of 2014 is the deficiency of the framework through the absence of legal aid for those who make protected disclosures and subsequently find themselves before the Workplace Relations Commission, the Labour Court or the Circuit Court, High Court or Supreme Court. These individuals are often pitted against a large organisation, such as the HSE and others, with ample legal reassurances and well-resourced legal teams. They are left to shoulder the financial and emotional costs along with this. Moreover, too many of those taking these cases have been bullied, blurred and pushed into a non-disclosure agreement that functions as a de facto gagging clause. Not only does this rob the public of the truth, but it ensures the systemic reform that needs to take place does not take place. It is a chilling message to those who want to be whistleblowers but are afraid to come forward because of the financial implications and risk. I ask the Minister plainly whether the Government will commit to reviewing the Protected Disclosures Act, with a view to introducing statutory legal aid for those individuals who disclose and are deemed appropriate and protected under the 2014 Act?

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