Colm Burke (Fine Gael)

I welcome the Minister of State to the House. I thank Senator Mullen for tabling the motion. It is important we debate the issue and that legislation be introduced. Many people employed in the public and private sectors are aware of illegal activities but are afraid to come forward. In the present economic circumstances, people are afraid for their jobs, afraid of damaging promotion prospects and even afraid for the jobs of members of their family.

I wish to give an example of how we have changed our attitude in the past ten years. Approximately 15 years ago, a Deputy asked me to meet some constituents who had a child with a disability. There was abuse going on in relation to the child. Over the previous ten to 12 days the parents had gone to four different groups of people highlighting the problem and their concerns. They had approached the Garda, the school, the bus owner and the health service, but none of them would act. When they came to me, I made a call to the health service and the Garda. I even threatened that I would personally take the family to the Rotunda Hospital in Dublin to have the child examined. It was only then that action was taken. No family should have to go through such an experience when a serious allegation was made. That is the kind of issue we have brushed under the carpet for far too long. To this day we might think that it does not go on, but it does and we are reluctant and slow to take action.

Another example occurred in the Department of Health. For 28 years health boards continually highlighted the issue of nursing home charges, but we hoped the problem would go away. It ended up costing the Department more than €400 million. Again, many people were afraid of highlighting the issue and doing something about it. This was at a time when I am sure many health board employees knew what they were being asked to do was incorrect but because no procedure was available to them to blow the whistle, they were afraid of taking any action.

We have an opportunity now because there has been a total change in attitude in the past ten years. However, we have not provided the protection or put the necessary legislation in place. It is interesting to consider legislation in other countries. One country's legislation specifies under the heading of "disclosure":

(a) that a criminal offence has been committed, is being committed or is likely to be committed;

(b) that a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject;

(c) that a miscarriage of justice has occurred, is occurring or is likely to occur;

(d) that the health or safety of an individual has been, is being or is likely to be endangered;

(e) that the environment has been, is being or is likely to be damaged;

These are five headings included in that legislation which covers a wide area but at the same time allows people to highlight an issue where they have concern and where protection is given in that country.

A Senator mentioned the British Public Interest Disclosure Act 1998, which has been in place for more than 13 years. In many countries the requisite legislation is in place. Sometimes it might be argued that it has gone overboard, but at least we have plenty other legislation to examine and establish best practice for this country. We need to put in place the necessary protection for people who have genuine concerns. I therefore welcome the proposal and will support the amendment tabled by the Leader of the House. There is an urgent need to introduce the necessary legislation.