Willie O'Dea (Limerick East, Fianna Fail)

Wrongdoing can take place in any organisation regardless of whether it is in the public or private sector and even where proper internal financial control structures are put in place. Unfortunately, there have been several examples of this in recent times.

The Minister has included several sections in the Bill relating to the disclosure of information to the various authorities, where appropriate. On reflection, and arising from the Dáil debate, the Minister has further decided to add specific provisions into the Bill which will protect bona fide whistleblowers if they report wrongdoing. This whistleblower protection extends to officers of NAMA and participating institution employees, regardless of their position within the organisation, which is correct. It can be difficult to legislate for whistleblower protection. It is important to strike a balance between providing protection for the individual and the need to deter people from making false allegations. The proposed amendment is framed in such a manner as to ensure this balance is struck.

The proposed amendments are largely based on the amendments to the FÁS legislation recently introduced by the Tánaiste. The proposed sections provide protection from civil liability for employees of participating institutions and officers of NAMA who make a bona fide report of offences being committed under any enactment or serious wrongdoing in regard to NAMA. The individual can make the report to the Garda Síochána or a member of the NAMA board. The proposed sections also provide that it is an offence for an employee of a participating institution or an officer of NAMA to make reports in bad faith to the Garda Síochána, members of the board of NAMA or the Minister for Finance. That provision is included to discourage persons from making false accusations of misbehaviour. It is important that persons are responsible for their actions and do not abuse the whistleblower protection.