Dermot Ahern (Louth, Fianna Fail)

I thank Senators for their comments on this legislation which has passed through the Dáil. Obviously we would like to see its quick passage through the Seanad. I have indicated that we wish to proceed with the consolidation of all such legislation which dates back as far as 1889. During the drafting phase in my Department I was insistent that the Bill be such that it would refer not only to the net point, the implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, but also include in dealing with corruption very broad provisions on whistleblowing.

In the other House a number of Deputies mentioned the Government's position on whistleblowing generally. The Government previously decided that we would deal with whistleblowing on a sector-by-sector basis rather than providing omnibus legislation that would cover everything. That was based on advice received from the Attorney General who recommended that it would be far more sustainable from a legal point of view to have specific whistleblowing provisions designed to deal with specific issues. Since that original decision to deal with it on a sector by sector basis we have introduced specific whistleblowing provisions in myriad legislative measures, ranging from the Protections for Persons Reporting Child Abuse Act 1998 to the Charities Act 2009, the Inland Fisheries Act 2010, the Employment Agency Regulation Bill 2009, the Employment Law Compliance Bill 2008 and the Local Government (Dublin Mayor and Regional Authority) Bill 2010, all of which contain whistleblowing provisions. If it was an omnibus provision and one of the provisions was knocked down legally, it would mean that across all the sectors we would have to introduce amending legislation promptly. The advice was that it would be better to do it on a sector by sector basis and tailor the whistleblowing provisions to suit circumstances.

Senator Regan referred to the working group evaluation by the OECD which carried out peer-led on-site reviews in Ireland in October 2006 and again in June 2008. The reviews were part of an ongoing process by the group in assessing each signatory country's adherence to the OECD convention. As I said, if the Bill is passed, we will have one of the most modern legislative measures on the Statute Book. However, I am firmly of the view that we should have consolidated legislation. Our near neighbour has such legislation. It would make it easier for our European counterparts when they come here, particularly from the agencies which oversee anti-corruption legislation in member states. Most of those in oversight bodies who come to this country are from jurisdictions which are dissimilar to the common law jurisdictions of the Republic and Britain. Rather than give them myriad legislative measures and enactments relating to corruption, it would be better to have everything in one place. It would obviously be far better for practitioners also if this was the case. It is part of the ongoing process — the desire of the Government — to consolidate as much legislation as possible.