David Norris (Independent)

This is an important section relating to the whistleblower's charter. I urge the Minister to introduce broad legislation covering the rights of persons who make such disclosures. I am aware of a number of examples. I know of one in a health facility where an employee saw mistreatment of disadvantaged people who were vulnerable. They made an anonymous telephone call and discussed the issue with agencies of the health arm of the State. Eventually that intervention was divulged to the employers. Others who had witnessed the behaviour had confirmed and discussed it but subsequently denied it. The job of the person concerned was placed in considerable jeopardy. Anything that protects whistleblowers is good, but it has to be balanced. The Minister has done this through the second amendment covering false accusations which can be devastating and should not be entertained.

The one thing that concerns me - I would like the Minister to re-examine the matter - is that the fines and penalties are considerably more severe than for the offence we have just been discussing. It would be appropriate for these two offences to be harmonised. Attempting to interfere illegally with the operation of NAMA should be treated at exactly the same level of seriousness as an individual making a false accusation against someone. In the case of a corrupt intervention or lobbying offence, the fine is not to exceed €1,000, or imprisonment for six months, but in the case of somebody who makes a false accusation, it is €5,000 or imprisonment for 12 months. I do not understand the discrepancy in the fines, as they are equally serious offences. If anything, the offence under section 221 is more serious; therefore, I do not think it should attract a lighter penalty. I urge the Minister to re-examine the issue.