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Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 9: In page 12, between lines 22 and 23, to insert the following: “(d) by the insertion of the following subsection after subsection (5): “(5B) A matter concerning interpersonal grievances exclusively affecting the reporting person, as described in subsection (5A), shall constitute a relevant wrongdoing where such interpersonal grievances arise out of...

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 10: In page 12, between lines 22 and 23, to insert the following: “(d) by the insertion of the following subsection after subsection (5): “(5C) For the avoidance of doubt, an interpersonal grievance shall not preclude a person from making a protected disclosure under any relevant section of this Act.”,”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 11: In page 12, to delete lines 27 to 32 and substitute the following: “ “5A. (1) Without prejudice to the provisions of any other enactment relating to anonymous reporting of wrongdoing, a person who receives an anonymous report of wrongdoing, made in a manner specified under section 6, 7, 8, 9 or 10 shall be obliged to regard such a report as a...

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 12: In page 12, to delete lines 27 to 32 and substitute the following: “ “5A. (1) Without prejudice to the provisions of any other enactment, a person who receives an anonymous report made in the manner specified in section 6 shall accept such an anonymous report and if he or she considers it appropriate to do so, followup on a matter which is the...

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: Yes.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 13: In page 12, to delete lines 27 to 32.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 14: In page 13, line 11, after “procedures’)” to insert “within six months of the commencement of this section”. I will ask Senator Higgins to speak to the amendment.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 41: In page 26, line 15, after “Finance” to insert the following: “and in consultation with the Joint Oireachtas Committee on Finance, Public Expenditure and Reform and Taoiseach”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 42: In page 26, between lines 26 and 27, to insert the following: “(7A) The powers of the Commissioner provided for in this Part shall apply to protected disclosures made prior to the commencement of this Part or sections of this Part.”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 48: In page 50, line 18, to delete “mainly” and substitute “partly”. Whistleblowers should be entitled to legal remedy, support and protection and should not have to suffer for doing the right thing. I look forward to hearing the Minister's remarks.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I welcome to the debate the three witnesses in the Visitors Gallery. On a point relevant to the section, one of the witnesses said to me: "We do the right thing by the system but, unfortunately, the system does not do the right thing by us". I have to agree with him. How this amendment stands now means that the victim will always be the victim and the victim will always be punished, but...

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: Yes, but with permission to bring it back on Report Stage.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 51: In page 51, between lines 36 and 37, to insert the following: “(da) provides knowingly false information in relation to a reporting person or the matter, which is the subject of their report,”

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 59: In page 52, between lines 33 and 34, to insert the following: “(5A) Where an offence under subsection (1)(a), (b), (c), (d) or (f), section 10F(14) or 12(5) or (6) has been committed by a body corporate, that body corporate shall be liable on conviction on indictment, to a fine not less than €500,000.”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 61: In page 52, to delete lines 34 and 35.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: We welcome the Minister's amendment.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 63: In page 53, between lines 12 and 13, to insert the following: “(b) by the insertion of the following paragraph after paragraph 1: “2. For the avoidance of doubt, compensation or remuneration may be made awarded to reporting persons who made a protected disclosure prior to the commencement of these provisions.”.”.

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 65: In page 53, between lines 32 and 33, to insert the following: “Public information campaign 27. 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: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 66: In page 53, between lines 32 and 33, to insert the following: “Compliance with Directive (EU) 2019/1937 27.Where, following enactment, a provision of this Act is found to be inconsistent with Article 25(2) of Directive (EU) 2019/1937, the Minister shall by order repeal that provision, and shall within six months lay revised provisions before both Houses of...

Seanad: Protected Disclosures (Amendment) Bill 2022: Committee Stage (23 Jun 2022)

Eileen Flynn: I move amendment No. 75: In page 59, between lines 31 and 32, to insert the following: “4A. A delegation under paragraph 3 must be for a specified period of time and may not be provided for indefinitely.”. I withdraw the amendment.

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