Dáil debates
Thursday, 9 December 2010
Prevention of Corruption (Amendment) Bill 2008: From the Seanad
11:00 am
Séamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context
There are two amendments to be dealt with and as the amendments are related they may be discussed together.
Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context
These two amendments were tabled by the Labour Party on Committee Stage in the Seanad and following some discussion I agreed to accept them. We believe the wording is more nuanced and will encourage whistleblowers to report corruption. It is clear from the wording elsewhere in section 4 of the Bill that whistleblowers must avoid knowingly or recklessly making a false, misleading, frivolous or vexatious report. These amendments make it clear that an honest whistleblower acting in good faith can come forward to report their opinion that an offence may have occurred, safe in the knowledge that they are not required to be certain that it has occurred.
The corresponding amendment to section 8(a)(3) aligns the wording of the offence of making a false report of suspected corruption to that in subsection (1) which I have just mentioned. The offence of making a false report will refer to a false report "that a person may have committed or may be committing" a corruption offence. I believe the amendments tabled by the Labour Party are acceptable and I recommend them to the House.
Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context
On behalf of Deputy Rabbitte and the Labour Party I thank the Minister for accepting what are reasonable amendments that clarify the position and give some security to people coming forward. We accept there is always the danger of vexatious reporting but people must be secure in the knowledge that if they legitimately suspect corruption they can report it and are secure as a result of these two amendments.
James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context
I support the amendments also. They encourage more transparency, and protection for whistleblowers will be always welcome on this side of the House.
Seanad amendment agreed to.
Séamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context
The question is: "That Seanad amendments Nos. 1 and 2 are hereby agreed to and agreement to the amendments is accordingly reported to the House."
Séamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context
A message will be sent to the Seanad advising it in that regard.