Tony Killeen (Clare, Fianna Fail)

Government amendments Nos. 20 and 24 are relevant in this context. Similar amendments were tabled by Deputy Hogan on Committee Stage in the Dáil. The confidentiality requirement for the employee or third party who receives information in confidence from an individual, which is defined in section 14(1), is general and not qualified. On the basis of advice received from the Office of the Parliamentary Counsel, I brought forward these two amendments to ensure that the duty of confidentiality referred to there means only a duty under this Bill.

On amendment No. 21, Deputy Howlin raised this matter on Committee Stage in the Dáil in an amendment which sought to delete the second part of section 14(5). After detailed discussions with the Office of the Parliamentary Counsel, I was advised that the provisions of Article 6.2 of the directive, which deal with circumstances in which an employer can refuse to communicate information, are achieved by section 14(4) of the Bill and the remaining part of subsection (5). Therefore, the second part of subsection (5) was superfluous and the Parliamentary Counsel recommended its deletion.