Seanad debates

Wednesday, 29 June 2011

Whistleblower Legislation: Motion

 

7:00 am

Photo of Rónán MullenRónán Mullen (Independent)

I thank all of those who contributed to the debate on this evening's Private Members' motion, my colleagues Senators Quinn, Crown and Norris, and also Senators O'Keeffe, Sheahan, O'Donovan, van Turnout, Gilroy, Colm Burke, Ó Domhnaill, Conway, Ó Clochartaigh and Reilly. I also thank the Ministers who were here this evening, the Minister of States, Deputies Jan O'Sullivan, Ring, Sherlock and O'Dowd. I was beginning to wonder whether there was a new condition known as ministerial attention deficit disorder, as one after the other came and left, but I was delighted to see the Minister, Deputy Howlin, arrive at the end of it all. Nobody could fault him for not being present for the entire debate given the time he has spent with us today. He is the Minister with the most knowledge and expertise in this area and I note that it is his particular brief.

I will not say much on the various contributions other than to thank speakers for the range of important and well-informed contributions. On a couple of the concerns, Senator Gilroy called for a group such as Public Concern at Work in Britain. It is important to note, as the Minister did, the work of Transparency International and, in particular, the speak-up helpline which offers the kind of forum necessary for those with issues in this area who need to make a disclosure and who face dilemmas of various kinds. Support is available and it is important to put that on the record.

It is also useful to point out, because the concern was raised by Senators Quinn and O'Donovan, the need to avoid the denunciation scenario.

It is important to note that in the British legislation there is provision to facilitate responsible reporting. There is protection for those who make a genuine effort to report internally before going outside and requiring a higher level of confidence and evidence on the part of the whistleblower. These are important points. It is important to encourage people to go internally before going externally. Although I agree with the Minister that we should guarantee a confidential channel for those who would wish to approach a Member, in general terms I do not envisage a Member as the ideal person to come to with disclosures. I am keen to see the establishment of certain external persons who would be in a position to take protected disclosures from people. There is always the fear with politicians, present company excepted naturally, of the potential for grandstanding. Although I am keen to protect the confidentiality and privileges of Members, it is important to establish other recipients for what may be protected disclosures.

I advert to the comments of my colleagues from Sinn Féin, in particular those of Senator Ó Clochartaigh, on the term "whistleblower". This may be a matter for An Coiste Téarmaíochta because the primary problem exists in an teanga Gaeilge with the word "sceithire". I will resist the temptation to suggest that particular parties might be more sensitive than others on this issue. It appears I did not resist that temptation. The word "whistleblower" should not be lost because this is about creating a culture and rebuilding a sense of what an active patriotic duty it is to be a whistleblower where that is the appropriate thing to do.

I am disappointed that we could not agree on a motion this evening. I do not disagree with anything in the Government's amendment but what it fails to state leaves me somewhat cold. The recitals in my motion are important and it is important to set the context for what we desire. With a little more consultation we could have come to an agreed motion on this matter, incorporating the recitals and taking account of the Government's declaration of intent. This declaration has crystalised somewhat since the programme for Government was produced. There was a vagueness in the programme for Government that is not in what the Minister has stated to Transparency International and what he has stated this evening.

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