Michael McDowell (Dublin South East, Progressive Democrats)

Amendment No. 84 seeks to tidy up the particular subsection following consultation with the Parliamentary Counsel. The purpose of the amendment is to delete the existing subsection (a) in paragraph (1) and provides that subsection (1) does not prohibit a person from disclosing information referred to in that section if the disclosure is made to the persons or bodies set out in the following subparagraphs. A new version of the provisions of the deleted paragraph (1) is included as a new subsection, the purpose of amendment No. 88 which we will deal with later.

I will not accept amendment No. 85. The Bill provides a mechanism for the disclosure to certain prescribed persons including Members of the Oireachtas. Accordingly, on any reasonable review of the situation adequate provision already exists for a concerned person to bring something to notice in a responsible and appropriate manner. Amendment No. 85 would facilitate unauthorised disclosures where a person was of the opinion that the matter was within the public interest requirement without a proper test of balance or reasonableness being applied. We cannot have only a subjective view on this matter, an objective standard must be applied. The Bill as drafted supports the objective view.

Amendment No. 86 inserts a reference to the new Garda inspectorate or an office of the inspectorate. That addition is necessary in view of later provisions dealing with the establishment of the inspectorate. I propose to accept amendments Nos. 87 and 105 in the names of the Labour Party Senators and am grateful they tabled them.