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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: I call Deputy Durkan.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: Does Deputy Durkan wish to conclude? The Deputy is on mute.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: Is there any data available on the issues raised by Deputy Durkan? The answer is "No".

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: I have some questions for our guests. How many cases have ended up in court arising from the current legislation?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: Okay. The one case Mr. Clarke mentioned relates to the private sector. Is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: Is Mr. Clarke aware of the use of mediation in this process? How successful does he think it is in the context of current legislation?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: Do our guests know how many cases may have been settled without going to court, or on the steps of the court, that included a clause restricting any discussion about the settlement or the issue?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: In the main, we seem to be dealing with cases involving Departments or State agencies. They relate to the State itself. One of our guests mentioned power and authority. That power and authority is seen to the greatest extent in cases involving the State. It has the ability to stall the case, destroy an individual or hide the consequences of actions. It appears to me, from the concerned...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: I will take Mr. Kennedy up on that point, and I encourage others to contribute. This proposed Bill is being put forward in the Minister's name, but it was, by and large, written by civil servants. These are the very same civil servants who set out to protect the State at all costs, using taxpayers' money, and to vilify the person making the protected disclosure. In trying to get the best...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: I will put another question to the witnesses. This is again based on a real example of someone who made a protected disclosure. I am again asking how we can deal with this issue. It was mentioned that a person making a protected disclosure was named. That person was named at the Committee of Public Accounts. I assume a law has been broken. The president of a newly formed technological...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: In terms of the experience to date, if one asks most whistleblowers if they would do it again, without hesitation they will say "No" because their families have been destroyed, they have been destroyed, their careers and their mental health have been destroyed while what they reported, particularly within Government agencies, is still ongoing. That is a terribly bad example to set. We have...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (29 Sep 2021)

John McGuinness: We are obliged to conclude this part of the proceedings by 2.30 p.m. I thank all of the witnesses for attending. Our engagement has been very informative and helpful.

Written Answers — Department of Public Expenditure and Reform: Capital Expenditure Programme (23 Sep 2021)

John McGuinness: 21. To ask the Minister for Public Expenditure and Reform the plans he has in place to review the oversight and governance of major spending projects; and if he will make a statement on the matter. [45656/21]

Garda Siochana (Functions and Operational Areas) Bill 2021: Second Stage (22 Sep 2021)

John McGuinness: This legislation is a nod in the right direction in the context of reforming the administration of the Garda Síochána. If we want to learn something about the reform that is required, though, one need look no further than the case of the death of Shane O'Farrell. The courts, the Garda and the Director of Public Prosecution's office were at fault. There is nothing in this Bill...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (22 Sep 2021)

John McGuinness: Do members wish to pose any questions at this stage for Mr. Brennan or will we take all of them together? If we take them together, Ms Grace could now make her contribution.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (22 Sep 2021)

John McGuinness: I thank Ms Grace for her contribution. I read your book Abuse of Power: Because Councils Can. I want to commend you on it. I followed your course of action through to the European Union with the help of Luke Ming Flanagan, MEP, and others. Again, I commend you on that. I cannot disagree with what you said in your contribution. I will address the issue of those documents that have not...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (22 Sep 2021)

John McGuinness: I thank Mr. Wilson and I invite Mr. McGree to make his opening statement.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (22 Sep 2021)

John McGuinness: Mr. Wilson had his hand up. Does he wish to say something?

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