Dáil debates

Tuesday, 24 January 2012

2:00 pm

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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Question 51: To ask the Minister for Public Expenditure and Reform the progress made to date in drawing up legislation to deal with whistleblowers; and if he will make a statement on the matter. [3765/12]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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My Department is making good progress in developing the necessary draft legislation to implement the commitment made in the programme of Government in regard to whistleblower protection. Following the recent completion of the process of consultation with other Departments, I expect to present these proposals to my Government colleagues shortly to secure approval for the drafting process for the Bill. Subject to other Government priorities in the legislative agenda and the Whips' good will, the intention is that the Bill will be published by the middle of the year.

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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I am pleased to hear the reply and presume the Minister is speaking about the protected disclosure Bill.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Yes.

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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I was very concerned because it seemed the issue had been referred back to individual Departments to be buried. This issue is all the more relevant having heard over the weekend about the case of an advocate for persons availing of mental health services who had made public comments and found herself out of a job. I was happy to hear on the radio on the way here that she had been reinstated. This shows there is still an attitudinal problem among senior management in many public sector offices. Had she praised the service offered on Christmas Day to those clients, what happened to her would not have happened, but she spoke the unvarnished truth. I, therefore, encourage the Minister to act on this matter as soon as possible. When the legislation is being changed, I ask him to put in place measures to seek to change attitudes in the system. That is equally important.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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As the Deputy knows, the hardest thing to do is to change ingrained attitudes. He is aware that I have more than a passing interest in the issue of whistleblowing, having had to traipse to the High Court and the Supreme Court to protect the rights of individuals to give information to Members of the House on allegations of wrongdoing. I know how stressful this can be. At one stage I was on the hazard for €500,000 in legal fees. Thankfully, I was indemnified by my party, although I do not know how it could have afforded to pay. I am in a privileged position in this House but no ordinary citizen should ever be in that position. We will advance legislative provision as quickly as I can, although there will be resistance from some areas. I produced whistle-blowing legislation, as did the Minister, Deputy Pat Rabbitte, in opposition. We want joined up, comprehensive legislation that goes into areas that are all-encompassing. We will have a robust model. We have examined carefully the New Zealand model, the United Kingdom model and the South African model, which I believe was the progenitor of all of them from 2000, and the Dáil will have an opportunity to add its views on having that in the first half of this year.