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Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 9: In page 24, between lines 2 and 3, to insert the following: “(iia) the worker reasonably believes that their own manager or the head of the public body is complicit in the wrongdoing concerned;”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: Whistleblowers and civil society groups have been very clear that they oppose the removal of the right to make a disclosure directly to a Minister. It has been strongly argued that there is a danger that this effectively falls out of line with the directive in that it represents a regressive move whereby there is a lessening of rights in a certain area for whistleblowers as a result of this...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I have great respect for the Minister of State but his speech is extraordinary. It basically says that we are lowering the protections but are not using the directive to do so. Given Ireland's record on whistleblowers and given that the whole idea is that we are meant to be improving things, delivering a speech that basically admits that we are lowering protections, although we are not...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 10: In page 24, between lines 2 and 3, to insert the following: “(iia) the worker did not feel confident to make a report under section 6, 7 or 8 due to a reasonable fear of penalisation;”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 11: In page 24, line 4, to delete “an imminent or manifest” and substitute “a”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 12: In page 24, lines 5 and 6, to delete “, such as where there is an emergency situation or a risk of irreversible damage”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: A valid point was made on amendment No. 13 so I will not move that.

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 14: In page 33, between lines 30 and 31, to insert the following: “(15A) Where an investigation into a protected disclosure received by the Commissioner exceeds 24 months in length, the Commissioner shall notify the reporting person the reasons why the investigation has exceeded this period of time.”

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: Amendment No. 14 is about timeliness provision where an investigation into a protected disclosure has been received by the commissioner. I am trying to ensure we do not just have the initial communication or that where ongoing communication is being processed, we do not have the processes dragging on forever over extremely long periods of time. These periods of time can cause quite a lot of...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I would have preferred my specific provision on the time period and final closure, but I will withdraw my amendment pending how the use of those clauses work out, which the Minister has outlined. It would have been my preference to have a clear time period.

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 15: In page 50, between lines 32 and 33, to insert the following: “(2) The Principal Act is amended by the insertion of the following section after section 12: “Protection of reporting persons 12A.For the avoidance of doubt and without prejudice to natural justice, any investigation carried out under this Act shall not involve a person named in...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: The Minister has indicated he will address it in terms of the definition of "impartiality", and it will be important to be clear in that regard, even in a small organisation. If the case involves a small organisation where three or four persons are named, in certain cases an external investigator may be required, but I appreciate that others may be named but not be the core focus of the...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 17: In page 57, between lines 34 and 35, to insert the following: “Public information campaign 31. The Minister may, subsequent to the passing of this Act, hold an accessible public information campaign in respect of the role of whistleblowing in the advancement of the public good and the mechanisms by which someone may make a protected disclosure and the...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I thank Senator Buttimer for picking up on an important aspect of the language in my amendment, namely, accessibility.

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: It is worth noting that not all protected disclosures are made by lawyers or people who have read the legislation. In some cases, the person may not even be aware of the legislation. The reason I regret that the amendments concerning managers were not accepted is that it is often people at a lower level in organisations who have a strong personal ethical sense. That comes at every level...

Seanad: Protected Disclosures (Amendment) Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: That is why people should be allowed to make an anonymous disclosure and focus on where it should be, which is on the subject matter that is being raised. I look forward to engaging with the Minister of State, even if he cannot support my amendment.

Seanad: Electoral Reform Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I second the amendment.

Seanad: Electoral Reform Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I second the amendment.

Seanad: Electoral Reform Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: I move amendment No. 5: In page 22, between lines 20 and 21, to insert the following: “(3) Where the Commission enters into contracts or appoints persons as consultants or advisers, a record of such contracts and consultations shall be kept and laid before both Houses of the Oireachtas on a bi-annual basis.”.

Seanad: Electoral Reform Bill 2022: Report and Final Stages (7 Jul 2022)

Alice-Mary Higgins: The amendment inserts a new subsection in, section 15 which requires that where the commission would enter into contracts or appoint persons as consultants or advisers, a record of such contracts and consultations would be kept and laid before both Houses of the Oireachtas on a biannual basis. The amendment is about transparency. When the body responsible for elections and referendums in a...

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