Seanad debates

Wednesday, 25 September 2013

Protected Disclosures Bill 2013: Second Stage

 

1:25 pm

Photo of Tom ShehanTom Shehan (Fine Gael) | Oireachtas source

I welcome the Minister to the House. The Bill will establish a detailed and comprehensive legislative framework protecting whistleblowers in all sectors of the economy.

This Bill represents a positive step in our programme for political reform. We have tackled corruption head-on in our term in office. The legislation will provide a robust statutory framework within which workers can now raise concerns regarding potential wrongdoing that has come to their attention in the workplace, knowing that this new legislation is there to protect them.

We set out our stall before the last general election by stating we would deal with whistleblower protection and this Bill is honouring the commitment we gave in that programme for Government. The Mahon tribunal and other inquiries highlighted the need for comprehensive legislation and the Protected Disclosures Bill addresses the concerns that were raised in such inquiries. The Minister has consulted with the finance committee, Transparency Ireland and groups like IBEC and ICTU. I believe we have come up with an agreed way forward in this Bill that addresses the concerns but balances the needs of all parties.

The Bill provides for compensation of up to a maximum of five years' remuneration, which can be awarded in the case of an unfair dismissal for having made a protected disclosure. Limitations relating to the length of service that usually apply in the case of unfair dismissals are set aside in the case of protected disclosures. These measures are important. The old saying still holds true today: bad things happen when good people do nothing. This legislation will allow people to do what is right. It will allow people to speak up and will contribute to a culture where corruption and wrongdoing are seen as unacceptable. The Bill brings us into line with best practice when it comes to whistleblowing legislation throughout the world. I commend the Minister on his efforts and I welcome the Bill.

I have one query for the Minister on the code of practice, which is to commence in the near future whereas the Minister expressed the hope the Bill would commence immediately on its enactment. Will we have the code of practice in place prior to the enactment of the legislation?

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