Brian Ó Domhnaill (Fianna Fail)

Is cúis áthais domsa deis a bheith agam labhairt ar an rún atá os comhair an Tí ón Seanadóir Mullen, agus tá lúcháir orm go bhfuil an rún tábhachtach seo os comhair an tSeanaid tráthnóna inniu. I compliment Senator Mullen on tabling the motion on what can be described as essential legislation to give protection to individuals who simply want to tell the truth and who are often discouraged from doing so owing to the lack of protection they are afforded. In conjunction with the Fianna Fáil Senators, I look forward to supporting Senator Mullen's proposals in this regard.

As public representatives, we all receive inquiries or calls from individuals working in the public or private sector who feel the necessity to provide information in an open forum but do not feel confident they can do so because they do not have the legal protection. It is obviously also a cause of concern to us as public servants that individuals would find themselves in that position. While one could argue that some progress has been made in recent years through the sectoral approach Senator O'Donovan mentioned, whereby some elements of whistleblowers protection was enshrined in various Bills approved by the Dáil and Seanad, that was not the correct manner in which to address this issue. The Government needs to introduce comprehensive legislation to give protection to people who feel the necessity to provide information to bring honour to their profession through the knowledge they possess. There have been incidents such as what happened at Rostrevor House where the true facts did not come to light in time and individuals who were under care suffered as a result. It is incumbent on us as legislators to ensure legislation is introduced as soon as possible to deal with that anomaly.

The motion notes: "that less than 40 per cent of Irish employers claim they promote whistleblowing in the workplace compared to almost 90 per cent in the United Kingdom where universal whistleblower safeguards are enshrined in law". The facts are startling and show there is a total lack of confidence from an employer and employee point of view. The facilitation of whistleblowing or telling the truth is not made available.

I welcome that the Government intends to introduce whistleblowers legislation and there were indications that a referendum would be held on the issue at the same time as the presidential election. I am somewhat disappointed that there appears to be a move to delay this, with the holding of a referendum on the issue being put back to some time in the future, possibly 2012 or later, and that other referenda would be held in conjunction with the presidential election later this year. It is essential that legislative provision is made to provide whistleblower protection, which is why it is so important that we support the motion. There should be cross-party support for it because, while we all have our political allegiances, we also have an obligation to ensure the truth is heard and to provide protection in order that people will not feel isolated or believe they will be penalised if they tell the truth. The position of migrant workers offers one example. I have spoken to migrant workers in my constituency who sometimes feel because they are in vulnerable employment that they must protect their job rather than do the right thing. We have an obligation to ensure all citizens of the State, whether they were born here, are given legal protection to tell the truth. I hope the Government sees sense in the motion which has purpose and will ensure it is supported and fast-tracked, if at all possible.

Given that the Government is pushing back the date of the referendum which may be held in 2012, this draws us onto the second point, namely, the referendum on the protection of the rights of children, which is vitally important. It appears this referendum is also being delayed to 2012, which is a major concern. Never was it more important to protect the 1.1 million children in the State. The Constitution states all the children of the nation should be cherished equally, yet we are not affording the opportunity to protect them by delaying the legislation. In the other House yesterday and again today a Private Members' motion is being debated to provide for the adoption of children in order to give them loving homes and allow Irish families who want to adopt children the right to do so. While I say it without confidence, I hope the legislation will be supported by the Government in the other House, given that all of the relevant parties and stakeholders are in agreement with the contents of the motion.

I compliment Senator Rónán Mullen on bringing forward the motion which is important in terms of the value we place on the truth. It is important to the protection of vulnerable persons within society, particularly in instances where people are in the care of institutions, including homes for the elderly. We all know of cases in homes for the elderly in which the care provided may not be at the level it should be. Some of those working in such institutions may want to say more than they can and they should be free to do so. While I understand there is an amendment to the motion, I make an appeal that the motion be supported and the legislation driven forward.