Katherine Zappone (Independent) | Oireachtas source

Perhaps that is true, and perhaps the Minister could say a little more on that. I suggest that this level of cross-referencing in the Bill makes it very complicated to understand exactly what a protective disclosure is. By contrast, the UK's Public Interest Disclosure Act amended version lists all of the necessary information in one section.

It also defines protected disclosure and the persons to whom it needs to be made in order for it to be protected. I urge the Minister to look at that when considering comparative law

Another issue I want to bring to the Minister's attention is the fact that the Bill does not contain any provisions for oversight by a State body. He will probably be aware that the Irish Human Rights Commission in its comments on the heads of the Bill recommended that consideration be given to empowering an independent mechanism, such as the Standards in Public Office Commission, to monitor complaints so as to ensure that any systemic issues, especially as complaints come forward within or across public services, are identified and to ensure that whistleblowers are not victimised. Good international practice points to the involvement of either an ombudsman or a national human rights institution as a point of reference for whistleblowers who need support in making a disclosure.

I would like the Minister to say a little more about the code of practice as I have some concerns that the legislation lacks a requirement for the creation of guidelines. We need a provision for the creation of guidelines and for an explanation of the legislation in light of its complexity. The Minister has called for a code of practice, but is there any legislative basis for that? What approach will be taken to a code of practice? It could be formulaic, but it also has the potential to be educational and to raise awareness. I have concerns in this regard. The code of practice or guidelines must ensure that workers will know transparency is encouraged, what the process for whistleblowing is and their legislative rights.

There are some other issues, but I will raise them on Committee Stage. I welcome this legislation, which provides us with a comprehensive framework for dealing with whistleblowing.