Seanad debates

Wednesday, 29 June 2011

Whistleblower Legislation: Motion

 

6:00 am

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

They should not have themselves on the hazard for so doing. It is proposed that we will seek to redress the decision in question by holding a referendum in tandem with the referendum on the Abbeylara judgment.

I wish to speak about the processes for the development and preparation of the overarching legislation. Full regard will be had for all relevant human resources, organisational and governance issues; all relevant issues relating to human rights, employment rights and all legal rights; the lessons to date from the operation of the sectoral provisions in force in Ireland; and international experience and best-in-class models of universal legal charters for good faith reporting and protected disclosures. This will necessitate close collaboration and liaison with a broad range of stakeholders and interested parties including relevant Departments and with the Office of the Attorney General. I have already begun that dialogue. I look forward to the guidance, advice and proposals from Members of both Houses of the Oireachtas and their relevant committees in the course of the enactment process for the legislation given the evident expertise that exists in these matters that has become so clear in the fine contributions made in this debate so far.

As I pointed out in my address to Transparency International on 26 May, we are now in the quite anomalous situation that part of the Island of Ireland is fully covered by universal legal whistleblower protection. As the House may be aware, the protection available to all UK employees under the UK Act were given legal effect in Northern Ireland by the Public Interest Disclosure (Northern Ireland) Order 1998 and came into operation on 31 October 1999. The order offers a framework of protection against victimisation or dismissal for workers who blow the whistle on criminal behaviour or wrongdoing, as defined in that UK legislation. All employees and others whistleblowers protected under the Act are given equal protection. If it is the case that it has been possible to provide and implement such a framework in Northern Ireland, I am fully confident we can find solutions to the issues that have delayed the introduction of the same protection here in the Republic.

I commend the adoption of the Government's amendment. I thank Members of all sides for their insightful contributions, and look forward at an early date to being back to discuss the detail of the legislation. I assure the House that I will provide the space and time to address all Senators' concerns and issues at that time.

Comments

No comments

Log in or join to post a public comment.