John Moloney (Laois-Offaly, Fianna Fail)

I apologise to Senator Mullen and other Senators for the unavailability of the Minister, Deputy Dermot Ahern. While I appreciate the points made by Senator Mullen, section 8A(1) makes it clear that a person who wishes to sue a whistleblower will not be able to hold the whistleblower liable in damages until he or she can prove to the court that the whistleblower communicated his or her opinion knowing, or being reckless as to whether, it was false, misleading, frivolous or vexatious, or that he or she knowingly furnished false or misleading information in this regard. I am of the view that the existing protection for whistleblowers against civil action provides the right balance between encouraging whistleblowers to make reports while at the same time avoiding reckless or malicious reporting which might negate the constitutionally guaranteed right everyone has to their good name. I am, therefore, not in a position to accept the amendment.