Dermot Ahern (Louth, Fianna Fail)

The Bill provides that the appropriate person is a member of the Garda Síochána, an employer or an employer's nominee and, if the whistleblower is abroad, Irish diplomats and foreign law enforcement officers. Given that the whistleblower provisions of the Bill relate to specific criminal offences and protection in the workplace we believe this is the appropriate provision. To expand the list of appropriate persons to include bodies which have no role in the prosecution of corruption offences would, in effect, only insert an additional mediator between the whistleblower and the Garda who ultimately would have to investigate the criminal offence. Similarly, to interpose an additional person between the whistleblower and his or her employer would also add little value. It is the employer who is in a position to protect the whistleblower against workplace penalisation and if he or she fails to do so the whistleblower has the ability to go to a rights commissioner or the Labour Court under the Bill.

A member of the public who suspects a Garda is engaged in corruption has recourse to the Garda Ombudsman Commission. The Garda Síochána Act 2005 allows for suspected misbehaviour, essentially any disciplinary matter or criminal offence, by a member of the Garda Síochána to be reported to the Ombudsman Commission. Where a member or civilian staff member of the Garda Síochána has concerns regarding suspected corruption on the part of one of his or her colleagues he or she has recourse to the confidential recipients under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007.

The reason for providing for reports to diplomatic or consular officers is that the corruption offences are on an extraterritorial basis and jurisdiction relating to corruption occurring outside the State has been broadened considerably in the Bill. Trans-border corruption is one of the aspects of the Bill. Where previously extraterritorial jurisdiction was limited to cases involving Irish officeholders and officials, under the Bill jurisdiction will be extended to cover virtually all persons having a connection with the State including companies and corporate bodies. In this way, the Bill gives further effect to the OECD convention on bribery of foreign public officials in international business transactions.