Seanad debates

Wednesday, 11 November 2009

National Asset Management Agency Bill 2009: Committee Stage (Resumed)

 

1:00 pm

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)

With regard to synchronising the offences with the offences under section 210, I am advised the whistleblower provision is modelled on a similar provision in the FÁS legislation, so the same penalties are applied. The Deputy has a point and I will bring it to the attention of the Minister.

On Senator Twomey's point about being able to report to Members of the Oireachtas, I believe that if a Member of the Oireachtas receives a report of serious wrongdoing in this regard, they will bring it to the attention of the Garda Síochána. I will mention the Deputy's point to the Minister as to whether it is possible to extend the protection where the report is given to Members of the Oireachtas. As regards Senator Alex White's point about criminal liability, it is not a crime. The whistleblower is not committing a crime, even if he or she is wrong. The only possible exposure he or she has is to civil liability, which is why he or she is only protected from civil liability.

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