Seanad debates

Tuesday, 1 October 2013

Protected Disclosures Bill 2013: Committee Stage

 

4:15 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

On Second Stage we discussed at length the main aim of the suite of reform legislation to change the culture. One cannot craft legislation to suit every individual case. This legislation is, by and large, to protect the whistleblower in the workplace. It defines the workplace, the redress available to whistleblowers and protections against penalisation being visited upon them. There is a separate array of occasions outside of the workplace when proper whistleblowing should occur. As the Deputy said, this could relate to information one receives as a public representative, of which I have some experience. I know personally how much on the hazard one can be in terms the High Court and Supreme Court challenges taken against me for trying to out allegations of corruption in Donegal and the €0.5 million in legal fees in that regard, which I did not have the wherewithal to pay. I understand that. However, that is outside this process. It is not possible to formulate a whistleblowing regime to protect against a person being on the hazard for doing the right thing. I believe most people, certainly those in public life, be that at council or Oireachtas level, will take that risk.

Where it would impact is in the case of a person in the planning or other office in the council who became aware of wrongdoing and outed it, which would live him or her very vulnerable. This regime is designed to protect such person in that regard. I will reflect on the matter for Report Stage. If the Deputy reads the regulatory impact assessment in terms of international best practise and the proposal expounded in this legislation, he will find it is robust.

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