John Moloney (Laois-Offaly, Fianna Fail)

I wish I was the bearer of good news. The Minister gave a commitment to reflect and consult with the Attorney General. I apologise to the House as the Minister could not be here but on his behalf I thank Senators for their contribution to the debate on this amendment on Committee Stage earlier today. It was an interesting and useful discussion which contributed greatly to clarifying some matters.

The Minister admitted there is a certain difficult balance to be reached in encouraging whistleblowers in good faith including, as Senator Bacik mentioned, those who are young and possibly vulnerable. The Minister appreciates that for those people in particular it takes a great deal of courage to come forward to act as whistleblowers. For that reason the Minister, Deputy Dermot Ahern, accepted on Committee Stage the amendments which made it clear the protections under section 8A encompass offences which may have been or may be being committed.

With regard to amendments Nos. 1 and 2, the Minister promised this morning to give further consideration, as mentioned by Senators Bacik and Regan, to include the words "or suspicion" that an offence is being committed. This would amend the current term, which provides protection in respect of those communicating their "opinion" that an offence under the Corruption Act has taken place.

Senators will be aware that the Minister considered these amendments previously in the Dáil and did not accept them on the basis that the extended wording would broaden the existing meaning of the provision. The Minister reverted to the Attorney General on the matter and the query over lunch resulted in a mini-conference on the issue. The advice received was that "opinion" encompasses suspicion and to include "or suspicion" could cast doubt on the meaning of both terms as it becomes necessary to differentiate between them. This could result in it being difficult to decide when the protections are to apply. In light of the advice the Minister is of the view that we cannot accept the amendments.

The Minister accepted the Senator's amendment on Committee Stage making it clear that the whistleblower may report an opinion that an offence may have been or may be being committed. The Minister has taken the advice of the Attorney General and is sticking to the original wording.