Seanad debates

Wednesday, 1 December 2010

Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed).

 

12:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

I am minded to accept the amendments, although some of the documents before me would suggest they are not necessary. As I said, opinion encompasses belief and suspicion; it does not connote certainty. Therefore, there is no need to change "may" to "may have been or may be being". The whistleblower is not required to prove that corruption has been or is being committed. He or she is not required to be certain. He or she is clearly protected when communicating an opinion, which includes suspicion, that corruption has been or is being committed. The only requirement is that the whistleblower avoids knowingly or recklessly being false, misleading, frivolous or vexatious. It is really a balance between, on the one hand, encouraging whistleblowers and, on the other hand, protecting people against whom an allegation has been made.

I am inclined to accept the amendments today. There is a time constraint because we want to get the Bill passed and, if I accept the amendments, we have to go back to the Dáil. We want the Bill passed by 14 December because there is an OECD deadline. I will accept the amendments, and on Report Stage we will have to find time to go back to the Dáil. They do make sense.

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