Seanad debates

Wednesday, 1 December 2010

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

 

1:00 pm

Photo of Rónán MullenRónán Mullen (Independent)

I move amendment No. 7:

In page 8, between lines 23 and 24, to insert the following:

"(b) an official of the Standards in Public Office Commission,

(c) an official of the An Garda Síochána Ombudsman Commission,

(d) an official of the An Garda Síochána Inspectorate,

(e) an official of the Office of the Director of Corporate Enforcement,

(f) an official of the Central Bank and Financial Services Authority of Ireland,

(g) an official of the office of the Comptroller and Auditor General,

(h) an official of the Competition Authority,

(i) a solicitor registered with the Law Society of Ireland,

(j) a chair of the relevant Oireachtas Committee on Members' Interests,".

Very simply, in many ways much of what I stated earlier also applies to this so this will be a short contribution. Having regard to the cases I cited earlier, I mentioned the case of Noel Wardick, the former director of the Irish Red Cross, who found that in order to serve his organisation and the public interest what he had to report was something to be reported beyond his employers and the Garda Síochána. Limiting the definition of the appropriate person to receive such a report to only the employer or the Garda Síochána fails to meet the requirement of whistleblowing.

It is worth drawing attention to the role of other agencies in receiving reports of corruption. The Comptroller and Auditor General springs to mind as do the Standards in Public Office Commission and the Office of the Director of Corporate Enforcement. Best practice in whistleblowing worldwide shows the importance of allowing people to report to more than their employer or the police. It would be unfortunate if this legislation were to create confusion over whether the Standards in Public Office Commission could receive calls relating to corruption in public office or whether the Comptroller and Auditor General could receive reports relating to the abuse of public resources. It would also help in promoting whistleblowing if a disclosure to a solicitor was protected, as happens in the UK.

On this basis, I ask the Minister to consider widening the scope of eligible organisations. In my amendment I list the Standards in Public Office Commission, the Garda Síochána Ombudsman Commission, the Garda Síochána Inspectorate, the Office of the Director of Corporate Enforcement, the Central Bank of Ireland, the Office of the Comptroller and Auditor General, the Competition Authority, a solicitor registered with the Law Society of Ireland and the Chairman of the relevant Oireachtas committee on Members' interests. I would be grateful to hear the Minister's views on this.

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